Council_Mark_POS_RGB

24 August 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 24 August 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 Karen McKeown - 14 August 2015 to 28 August 2015 inclusive.

 

Leave of absence has been requested by:

Councillor Greg Davies20 August 2015 to 30 August 2015 inclusive.

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 July 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 - 3 August 2015.

Policy Review Committee Meeting - 10 August 2015.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 August 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 & 27/7/15)

 

 

 

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

 

 

 

 

31

 

 

 

 

 

 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 27 JULY 2015 AT 7:31PM

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 (arrived 7:42pm), Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

 

APOLOGIES

184  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that an apology be accepted from Councillor Prue Car MP for her late arrival at the meeting.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 29 June 2015

185  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 29 June 2015 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Jackie Greenow OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 – Occupation Agreement – Penrith Performing and Visual Arts Ltd and Penrith City Council as she is a Board member of the PPVA.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in COW Item 10 - Sale of Land For Unpaid Rates and Charges - 30 Eton Road, Cambridge Park as the person the subject of this report is personally known to him.

 

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 – Occupation Agreement – Penrith Performing and Visual Arts Ltd and Penrith City Council as she is a Board member of the PPVA.

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6  - Billington Place, Emu Plains - Review of Timed Parking as he is a property owner in the vicinity subject to the report.

 

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 23 – 2015  NSW Community Building Partnership Grants  as his wife is the Member for Mulgoa.

 

His Worship the Mayor, Councillor Ross Fowler OAM declared an interest in accordance with Clause 8.46 of the Procedures for the Model Code of Conduct in COW Item 11 – Code of Conduct Matter concerning Councillor Marcus Cornish. Councillor Ross Fowler OAM stated that he would leave the Council Chamber during debate and voting on this matter and vacate the Chair.

 

Councillor Prue Car MP declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 23 - 2015  NSW Community Building Partnership Grants  as she is the State Member for Londonderry and was part of the assessment committee.


SUSPENSION OF STANDING ORDERS

186  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

 

Trevor Berrange

 

Item 1 – Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827 (No. 119) Glengarry Drive, Glenmore Park

 

Mr Berrange, an affected resident, spoke in support of the recommendation stating that traffic and parking will be an issue and that the development application does not comply with requirements in this regard.  Mr Berrange added that there are no surrounding parking opportunities which means that parking will occur in the street, causing a safety hazard.  Mr Berrange noted that he has personally witnessed near misses of collisions in this location and that this proposed development would only compound existing traffic safety issues.

 

Councillor Prue Car MP arrived at the meeting, the time being 7:42pm.

 

Steven Wall

 

Item 1 – Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827 (No. 119) Glengarry Drive, Glenmore Park

 

Mr Wall, an affected resident and representing local residents, spoke in support of the recommendation.  Mr Wall cited issues such as invasion of privacy due to the size and height of the proposed development, creation of shadowing onto nearby residences blocking afternoon sun, as well as the impact of traffic overflow onto surrounding streets due to lack of sufficient parking.  Mr Wall stated that he considered the development does not compliment the surrounding houses.  Mr Wall also raised concerns regarding the dangerous position of the proposed entry to the proposed development on Glengarry Drive, stating that once built the driveway would be on a blind corner from the roundabout.

 

Mr Wall concluded by pointing out that the road is barely wide enough for two cars currently, and that parking on that side of the road would make this even more dangerous.

 

 

 

Richard Mifsud

 

Item 1 – Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827 (No. 119) Glengarry Drive, Glenmore Park

 

Mr Mifsud, an affected resident, spoke in support of the recommendation, and urged Councillors to support refusal of the Section 82A application.  Mr Mifsud stated that the number of units proposed exceeds the DCP limit and that the development would be better suited to a CBD area.  Mr Mifsud concluded by thanking Council for its support in initially refusing this development application.

 

Anthony Hazouri

 

Item 1 – Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827 (No. 119) Glengarry Drive, Glenmore Park

 

Mr Hazouri, the proponent, spoke against the recommendation and stated his disappointment in the outcome of his application having worked diligently with Council to amend the application as required by urban planners, Council and taking into account concerns raised by residents.  Mr Hazouri stated that he considered the proposed development to now be compliant as the amendments required have all been made by the applicant.

 

187  RESOLVED on the MOTION of  Councillor Marcus Cornish seconded Councillor Bernard Bratusa that an extension of time be granted to enable the speaker to complete his address, the time being 7:58pm.

 

Mr Hazouri concluded by stating that some development needs to occur at this site and an agreement needs to be reached with consistency being maintained in the area. Mr Hazouri concluded by reiterating his willingness to discuss this matter further and work with Council to achieve a satisfactory outcome.

 

Ricky Burns

 

Item 7- The Northern Road (Main Road 154) and Andromeda Drive, Cranebrook – Review of Traffic Conditions (also referred to in Report and Recommendations of Local Traffic Committee, 6 July 2015 – Item 13)

 

Mr Burns, an affected resident and concerned citizen, spoke to the report and advised that he lives only 30 metres from the corner location the subject of this report.  Mr Burns proposed that Council strenuously petition the RMS to declare the intersection an Accident Blackspot and request that a roundabout be constructed at the location as a matter of urgency.  Mr Burns went on to recount his personal experiences with the most serious accidents that have occurred at the intersection as a resident, first responder and witness.  Mr Burns stated that the placement of a Give Way sign at the location was dangerously inappropriate and inadequate and that it was causing accidents with drivers confused as to why cars are stopping at the sign.  In addition, Mr Burns pointed out the dangerous slope of the Northern Road and how exiting Andromeda Drive in wet conditions was particularly dangerous.  He added that a roundabout would be a better, more efficient method of traffic control at the intersection than signals, because of local traffic conditions.

 

188  RESOLVED on the MOTION of  Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that an extension of time be granted to enable the speaker to complete his address, the time being 8:18pm.

 

Mr Burns concluded by stating that members of his family have all had to administer first aid at this location due to the number and frequency of traffic accidents, and expressed his concern that it is only a matter of time before there is a fatal motor vehicle accident at this location.

RESUMPTION OF STANDING ORDERS

189  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 8:18pm.

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 3 June 2015                                                                                           

190  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 3 June, 2015 be adopted.

 

2        Report and Recommendations of the Access Committee Meeting held on 10 June 2015                                                                                                                                     

191  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 June, 2015 be adopted.

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 6 July 2015                                                                                                                             

192  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 July, 2015 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 13 July 2015                                                                                                                             

193  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 July, 2015 be adopted.

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park Applicant: Hazzouri Property Trust;  Owner: ~Hazouri Investments Pty Ltd                                                                           

194  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Section 82A Application DA13/0311.01 for Review of Refused Development Application for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park be received.

2.    The grounds for refusal under DA13/0311 reviewed pursuant to Section 82A (Review of Determination) of the Environmental Planning and Assessment Act 1979 for Residential Apartments & Townhouses at Lot 1311 DP 1161827, (No. 119) Glengarry Drive, Glenmore Park be upheld as follows:

i.    The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act as the proposal is inconsistent with the following provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65):

Part 2 - Design Quality Principles:-

·    Clause 9 – Principle 1- Context

·    Clause 10 – Principle 2 - Scale

·    Clause 11 – Principle 3 - Built form

·    Clause 12 – Principle 4 - Density

·    Clause 13 – Principle 5 - Resource, energy and water efficiency

·    Clause 14 – Principle 6 - Landscape

·    Clause 15 – Principle 7 - Amenity

·    Clause 16 – Principle 8 - Safety and Security

·    Clause 18 – Principle 10 - Aesthetics

and the Residential Flat Design Code, Part 1 - Local context - Primary Development Controls:-

·    Street setbacks

ii.    The application is not satisfactory for the purpose of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act as the scale and density is inconsistent with the provisions of the Structure Plan contained in Section E7 (Glenmore Park), Part B - Glenmore Park Stage 2 of Penrith Development Control Plan 2014.

iii.   The application is not satisfactory for the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act in terms of the likely adverse amenity impacts upon the existing built environment of existing and future adjoining residents.

iv.  The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act as the site is not suitable for the scale of the proposed development for the following reasons:

·    The ridgetop location on the gateway entry of Bradley Street to Glenmore Park Stage 2 is not suitable for the bulk and scale of the proposal given the existing and desired future residential character and context;

·    The excessive height and bulk of the proposed buildings in relation to existing detached dwellings adjoining;

·    The topography of the site necessitates excessive cutting for the scale of the proposal; and

·    The site is removed from the future local centre such that it is not within a comfortable walking distance.

v.   The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act as the proposed development is not in the public interest.

3.    Those individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns.

 

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 Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 


 

 

2        DA15/0437 - Dwelling House (New), Shed, Pool house, Swimming Pool and Septic Tank & Variation of 88B Restriction (building envelope modification) at Lot 501 DP 1193570  34 Persoonia Avenue Agnes Banks  Applicant: Michelle N Jakobsson;  Owner: ~Michelle N Jakobsson                                                                                      

195  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on DA15/0437 - Dwelling House (New), Shed, Pool house, Swimming Pool and Septic Tank & Variation of 88B Restriction (building envelope modification) at Lot 501 DP 1193570  34 Persoonia Avenue Agnes Banks be received.

2.    DA15/0437 for a dwelling, shed, pool house and in-ground swimming pool at 34 Persoonia Avenue, Agnes Banks, be approved subject to the following conditions:

                             A001 – Approved plans

                             A008 – Works to BCA requirements

                             A019 – Occupation Certificate

                             A020 – Use of building

                             A041 – Construction in Bushfire Areas (BAL 29)

                             A046 – Obtain Construction Certificate before commencement of works

A Special - At the commencement of building works and in perpetuity 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' shall be implemented for a distance of not less than 25 metres (or to the property boundary if the boundary is closer than 25 metres) from the dwelling and pool house.

                             D001 – Implement approved sediment and erosion control measures

                             D007 - Cut and fill of land requiring Validation Certificate –limited to                                   footprint

                             D009 – Covering of waste storage area

                             D010 – Appropriate disposal of excavated or other waste

D Special - 20 trees are to be planted on the subject property to offset the removal of trees from within the approved building footprint. Trees must be planted beyond 25m from the dwelling.

Trees must be maintained for a period of 3 years or until they reach a height of 3 metres, whichever comes last. Following that, the trees fall under Councils Tree Preservation Policy.

Trees are to be selected from the following species only:

·      Angophora bakeri

·      Eucalyptus sclerophylla

·      Eucalyptus parramattensis

·      Melaleuca decora

                             E001 – BCA compliance

                             F006 – Water tank and nuisance

                             H001 – Stamped plans and erection of site notice

                             H002 – During construction requirements

                             H022 – Survey

                             H030 – Roof finishes (rural property)

                             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

                             J002 – Fencing when water in pool

                             J004 – Pool fence (residential)

                             J010 – Pool board/sign

                             K016 – Stormwater

                             K026 – Stabilised access

                             K041 – Infrastructure Restoration Bond

                             K202 – Section 138 Roads Act Approval

                             K501 – Penrith City Council clearance (Roads Act Approval)

K Special - No earthworks including cut and fill or building works including a retaining wall, garden shed or other structures of the like are permitted within the easement. The easement is to remain at natural ground level at all times.

K Special – Stormwater drainage from the site shall be discharged to the existing dam on site and comply with the Stormwater Concept Plan report prepared by envirotech Ref-216415-A and dated 12 June 2015. 

                             L007 – Tree protection measures – no TMP with DA

                             L008 – Tree Preservation Order

                             P002 – Fees associated with Council land

                             Q01F – Notice of Commencement and Appointment of PCA

                             Q05F – Occupation Certificate

                             R102 – OSSM system type and disposal area

                             R103 – Council inspections for installation

                             R104 – No alteration without approval

                             R105 – Plumbing code of Australia

                             R106 – AWTS Design of Irrigation System

                             R107 – AWTS Irrigation pipework (sub-surface)

                             R109 – No effluent runoff

                             R110 – EMA signage

                             R111 – AWTS servicing

                             R114 – EMA turfed

                             R115 – No structures on EMA

                             R116 – Diversion of stormwater from EMA

                             R117 – No plants for human consumption within EMA

                             R118 – EMA protected from stock damage

                             R119 – Wastewater and Native trees

3.       The restrictive covenant on the use of land numbered 4 referred to in the Section 88B Instrument of the Conveyancing Act 1919 applying to Lot 501 in DP 1193570 (known as No. 34) Persoonia Avenue Agnes Banks be varied to allow the dwelling to be located partially outside the area labelled (DD) on the abovementioned plan in accordance with the approved site plan.

4.       The Common Seal of Penrith City Council be affixed to all necessary documentation to vary/release the covenant.

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 Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 


 

 

3        Penrith City Centre Civic Improvement Plan - Minor Amendment                             

196  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown

That:

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

2.    Council adopt the amendment to the Penrith City Centre Civic Improvement Plan shown as Appendix 1 to this report.

3.    The Department of Planning and Environment be advised of Council’s adoption of the amendment to the Plan.

4.    A notice appear in the local newspaper advising the community of Council’s adoption of the amendment to the Penrith City Centre Civic Improvement Plan and the date upon which the amended version of the Plan will take 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 Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Outcome 3 - We can get around the City

 

5        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2015 - 2016                                                                                                          

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

That:

1.    The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2015 - 2016 be received.

2.    Council accept the grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $13,000, as outlined in the report.

3.    Council write to Roads and Maritime Services and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

6        Billington Place, Emu Plains - Review of Timed Parking                                             

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

That:

1.    The information contained in the report on Billington Place, Emu Plains - Review of Timed Parking be received.

2.    Council endorse the conversion of ten existing unrestricted car spaces into ten four hour (4P) time restricted parking spaces, those spaces being in the south-eastern corner of the Billington Place, Emu Plains carpark.

3.    Council write to TfNSW and the RMS, requesting approval for the proposed changes to unrestricted parking spaces within the Billington Place car park.

 

Councillor Marcus Cornish left the meeting, the time being 8:28pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 8:29pm.

 

 

4        Australian Government Blackspot Program and NSW Safer Roads Program - 2016-17 Nominations                                                                                                                  

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

That:

1.    The information contained in the report on Australian Government Blackspot Program and NSW Safer Roads Program - 2016-17 Nominations be received.

2.    Council endorse the seven projects listed in Table 1 of this report for submission to the Roads and Maritime Services for funding under the Australian Government Blackspot Program and NSW Safer Roads Program 2016/17.

3.    The Roads and Maritime Services be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in Table 2 of this report.

4.    The Roads and Maritime Services be requested to investigate traffic safety at the intersection of The Northern Road and Andromeda Drive, Cranebrook noting the primary accident trend is occurring within the State Road network.

 

7        The Northern Road (Main Road 154) and Andromeda Drive, Cranebrook - Review of Traffic Conditions                                                                                                         

200  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.    The information contained in the report on The Northern Road (Main Road 154) and Andromeda Drive, Cranebrook - Review of Traffic Conditions be received.

2.    Councillor Kevin Crameri OAM be advised of this report and its recommendation.

3.    Council request the Roads and Maritime Services (RMS) and the Local Traffic Committee to recommend as a matter of urgency that consideration be given to the installation of  a roundabout  and the removal of the give way sign to mitigate the current dangerous traffic situation at the intersection of The Northern Road and Andromeda Drive, Cranebrook. 

4.     Council notify the Local Member of Council’s resolution to request the above action by the RMS and Local Traffic Committee.

 

Councillors John Thain and Michelle Tormey left the meeting, the time being 8:48pm.

 

 

Outcome 4 - We have safe, vibrant places

 

9        Penrith City Centre Public Domain Technical Manual                                                 

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

That:

1.    The information contained in the report on Penrith City Centre Public Domain Technical Manual be received.

2.    The Manual be adopted as Council policy, with the minor amendments described in this report, for the future upgrades of footpaths and public spaces in the Penrith City Centre.

3.    The Access Committee, Penrith CBD Corporation and the Penrith Valley Chamber of Commerce be advised of Council’s decision.

 

10      Successful Shade Sails Grant - Warburton Crescent Playground, Werrington County                                                                                                                                

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

That:

1.    The information contained in the report on the Successful Shade Sails Grant - Warburton Crescent Playground, Werrington County be received.

2.    Council formally write to thank the Cancer Institute NSW for the grant and to advise that it looks forward to working with them on other Cancer related projects in the future.

 

8        Draft Street and Park Tree Management Plan                                                               

203  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Draft Street and Park Tree Management Plan  be received.

2.    The Draft Street and Park Tree Management Plan be placed on public exhibition to receive feedback and that a further report be provided to Council on the outcome of this process.

3.    Council continue to develop a comprehensive inventory of trees, focusing on high risk locations with a view to incorporating this data into asset management plans.

 

Councillor Michelle Tormey returned to the meeting, the time being 8:50pm.

 

Councillor John Thain returned to the meeting, the time being 8:51pm.

 

 

11      Tender Reference RFT 14/15-28 Public Domain Upgrade, Queen St, St Marys        

204  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Tender Reference RFT 14/15-28 Public Domain Upgrade, Queen St, St Marys be received.

2.    Hargraves Urban Pty Ltd be awarded the contract for Public Domain Upgrade Queen Street, St Marys for an amount of $4,759,999 excluding GST.

3.    Council approve the expenditure of funds and the carrying out of the required project works on private land at no cost to property owners as detailed in the report.

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

 

12      Poppy Park - Future Opportunities                                                                                 

205  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies

That:

1.    The information contained in the report on Poppy Park - Future Opportunities be received.

2.    A further report be prepared regarding the likely costs associated with a Poppy display should Council choose to host such an event.

3.    Alternate forms of remembrance be considered in recognising those lost in times of war as part of the further report, with consultation to include representatives from both Penrith and St Marys RSL Clubs.

 

Councillor Greg Davies left the meeting, the time being 9:03pm.


 

 

Outcome 5 - We care about our environment

 

13      Community Recycling Centre                                                                                          

206  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Michelle Tormey

That:

1.    The information contained in the report on Community Recycling Centre be received.

2.    Council not call for tenders under section 55 of the Local Government Act 1993 for the Penrith Community Recycling Centre as a more satisfactory result would not be achieved having regard to the grant funding being provided on the basis of a successful joint application made by Council and Toxfree Solutions Ltd, their accreditation and preferred contractor status with the EPA and the likelihood of not receiving any further competitive tenders.

3.    Council accept and endorse the Environmental Trust Grant in partnership with Toxfree Solutions Ltd.

4.    Council write a letter of thanks to the NSW Environmental Trust for the grant of $161,850.

5.    Council’s Waste and Community Protection Manager be authorised to complete the partnership agreement for the establishment of the Penrith Community Recycling Centre.


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

 

14      Occupation Agreement - Penrith Performing and Visual Arts Ltd and Penrith City Council                                                                                                                               

207  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Occupation Agreement - Penrith Performing and Visual Arts Ltd and Penrith City Council be received.

2.    Council adopt the Occupation Agreement with the PP&VA Ltd for the management, maintenance and use of the Penrith Regional Gallery and The Lewers Bequest and the Joan Sutherland Performing Arts Centre.

 

3.    The Occupation Agreement be signed by the Mayor and General Manager of Penrith City Council and the Chairman and Company Secretary of the Penrith Performing and Visual Arts Ltd.

 

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

 


 

16      Creation of easements for new electrical equipment at Jamison Park, Lot 1 DP1057945 Jamison Road, South Penrith                                                                     

208  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Creation of easements for new electrical equipment at Jamison Park, Lot 1 DP1057945 Jamison Road, South Penrith be received.

 

2.    The original Plan Administration Sheet and the original Section 88B Instrument be signed on behalf of Council, as owners of the land and the consent authority, by the Mayor and General Manager.

 

3.    The signed documents be electronically lodged at the Land Titles Office for registration.

 

 

15      Spicy Penrith 2015                                                                                                            

209  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies

That:

1.    The information contained in the report on Spicy Penrith 2015 be received.

 

2.    An amount of $1,200 be allocated equally from each ward’s voted works to enable the Spicy Penrith 2015 event to be held.

 

 

 Outcome 7 - We have confidence in our Council

 

18      Insurance Renewals 2015-16                                                                                           

210  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Insurance Renewals 2015-16 be received.

2.    Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $742,000 to Westpool for liability cover for 2015-16.

3.    Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $467,000 to United Independent Pools for 2015-16.

 

4.    Council retain its $2,000 excess and agree to pay UIP a contribution of $192,000 to the comprehensive motor vehicle insurance pool for 2015-16.

 

 

 

 

 

 

19      Amendment to the Council's 2015 Meeting Calendar                                                  

211  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

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

2.    The Council’s Meeting Calendar be amended to include a Policy Review Committee Meeting on 31 August 2015.

 

21      Tender Reference 14/15-29 Telecommunication and Data Centre Services              

212  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Tender Reference 14/15-29 Telecommunication and Data Centre Services be received.

2.    For tender components 1, 2 and 3 (Site Data Connectivity Services, Enhanced Network Services, Internet Connections):

a.   Council decline to accept all tenders as no suitable tenders were received for these components.

b.   Council decline to invite fresh tenders as postponing or cancelling the proposed services is not a feasible option, given that Council’s present hardware and facilities are approaching the end of their effective life.

c.   Council negotiate with tenderers Telstra Corporation and TPG Network to obtain the services required as the Tender Evaluation Committee is of the view that these tenderers are able to provide suitable alternative solutions for the services requested.

d.   A report on the outcomes of the negotiations with Telstra Corporation and TPG Network be provided to Council. 

3.    For tender component 4 (Managed Compute Services):

a.   Data#3 Limited be accepted as the preferred tenderer for Managed Compute Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

4.    For tender component 5 (Call Switching Services):

a.   Council decline to accept all tenders as no suitable tenders for this part were received.

b.   Council carry out the requirements of this part of the tender itself.

5.    For tender component 6 (Mobile Services):

a.   Telstra Corporation be accepted as the preferred tenderer for Mobile Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

6.    For tender component 7 (POTS Services):

a.   Telstra Corporation be accepted as the preferred tenderer for POTS Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

7.    For tender component 8 (Other Telecommunications Services):

a.  Telstra Corporation be accepted as the preferred tender for Other Telecommunications Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

22      Belmore And Jane Streets Penrith – Licence Agreement With Transport For NSW For Commuter Car Parks On Council Land                                                                   

213  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Belmore And Jane Streets Penrith – Licence Agreement With Transport For NSW For Commuter Car Parks On Council Land be received.

2.    Council enter into a 1 year licence agreement with TfNSW for the 2 parcels of Council land as shown on the attached diagram for a nominal consideration of $1.00. All costs associated with construction of the improvements to be borne by TfNSW. Maintenance of the car park(s), paving, cleaning and lighting, to be managed by Council and electricity supply to the Jane Street car park to be the responsibility of Council.

3.    The Property Development Manager be given the delegated authority to execute the licence agreement between TfNSW and Council.

 

23      2015 NSW Community Building Partnership Grants                                                    

214  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

1.    The information contained in the report on 2015 NSW Community Building Partnership Grants be received.

2.    Council endorse the submission of applications as detailed in this report for three projects and three secondary projects to the 2015 Community Building Partnership Program and endorse the source of matching funds, pending the applications being successful.

 

24      Summary of Investments and Banking for the period 1 June 2015 to 30 June 2015

215  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

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

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

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

 

Councillor Greg Davies returned to the meeting, the time being 9:09pm.

 

17      Audit Committee                                                                                                               

216  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Audit Committee be received.

2.    The independent members of the Audit Committee be paid a fee as outlined in the report.

 

20      Local Government NSW Annual Conference 2015                                                       

217  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2015 be received.

2.    Council’s voting delegates for motions to attend the 2015 Local Government NSW Conference to be held at Rosehill Gardens Racecourse, Rosehill, Sydney be His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Mark Davies, Tricia Hitchen, Ben Goldfinch, Greg Davies, Karen McKeown, John Thain, Prue Car MP, Jackie Greenow OAM and Michelle Tormey.

3.    Council’s voting delegates for Office Bearers and the Board to attend the 2015 Local Government NSW Conference to be held at Rosehill Gardens Racecourse, Rosehill, Sydney be His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Mark Davies, Tricia Hitchen, Ben Goldfinch, Greg Davies, Karen McKeown, John Thain, Prue Car MP, Jackie Greenow OAM and Michelle Tormey.

4.    Any other interested Councillors to attend as observers.

5.    Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2015 Local Government NSW Conference.

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

UB 1           Leave of Absence      

Councillor Ben Goldfinch requested Leave of Absence from 10 August 2015 to 18 August 2015 inclusive.

218  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa 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.

 

219  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Ben Goldfinch from 10 August 2015 to 18 August 2015 inclusive.

 

UB 2           Leave of Absence      

Councillor Karen McKeown requested Leave of Absence from 14 August 2015 to 28 August 2015 inclusive

220  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa 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.

 

221  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Ben Goldfinch from 14 August 2015 to 28 August 2015 inclusive.

 

UB 3           Leave of Absence      

Councillor Tricia Hitchen requested Leave of Absence from 10 August 2015 to 23 August 2015 inclusive.

222  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Ben Goldfinch that 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.

 

223  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Tricia Hitchen from 10 August 2015 to 23 August 2015 inclusive

 

UB 4           Leave of Absence      

Councillor Greg Davies requested Leave of Absence from 5 August 2015 to 17 August 2015 inclusive.

224  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa 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.

 

225  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Greg Davies from 5 August 2015 to 17 August 2015 inclusive.

 

UB 5           Leave of Absence      

His Worship the Mayor, Councillor Ross Fowler OAM requested Leave of Absence from 13 August 2015 to 24 August 2015 inclusive.

226  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa 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.

 

227  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that Leave of Absence be granted to His Worship the Mayor, Councillor Ross Fowler OAM from 13 August to 24 August 2015 inclusive.

 

UB 6           Berkshire Park Fire Brigade - Hall Hire        

Councillor Ben Goldfinch requested that Council fund Berkshire Park Fire Brigade for the cost of the Berkshire Park Hall hire for their annual fund raiser up to a sum of $400 allocated from North Ward Voted Works.

228  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Michelle Tormey 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.

 

229  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Michelle Tormey that Council fund Berkshire Park Fire Brigade for the cost of the Berkshire Park Hall hire for their annual fund raiser up to a sum of $400 allocated from North Ward Voted Works.

 

Councillor Maurice Girotto left the meeting, the time being 9:16pm.

 

RR 1           Badgerys Creek Airport - Flight Paths

Councillor Kevin Crameri OAM requested a memo response to whether or not Council has tried to get the flight path maps.

 

RR 2           Sale of Poles and Wires - Dividends    

Councillor Kevin Crameri OAM requested a letter be written to the Premier of NSW seeking an answer on what will happen with the dividends from Endeavour Energy with the sale of poles and wires.

 

RR 3           Blacktown - Richmond Road, Llandilo

Councillor Kevin Crameri OAM requested a memo reply concerning what is happening with the intersection at Blacktown and Richmond Road, Llandilo.

 

RR 4           Heritage Issues - PLDC      

Councillor John Thain requested a memo reply to all Councillors outlining the buildings on the PLDC site and their preservation, particularly concerning the Puddledock and reports of buildings being dismantled and bulldozed.

 

RR 5           Kurrambee School - Request for Bins

Councillor John Thain requested Council supply Kurrambee School with 9 “Otto” bins to assist with moving instruments between the school grounds.

 

Councillor Maurice Girotto returned to the meeting, the time being 9:19pm.

 

RR 6           Sir Charles Kingsford Smith - Commemoration   

Councillor Prue Car MP requested a report to Council on the options which could be used to commemorate the site of joy rides flown by Sir Charles Kingsford Smith from the Great Western Highway in Werrington. The report should detail the costings of plaques that could be erected on the site.

 

RR 7           Signage  - Cnr Melville Road and Banks Drive, St Clair

Councillor Greg Davies requested a memo reply investigating the possibility of installing signage on this corner which indicates the direction to the shops on the corner of Melville Road and Banks Drive, St Clair, with a possible contribution from the business owners in Melville Shopping Centre.

 

Committee of the Whole

 

RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:25pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Commercial Matter - Council Property - Leasing of Suite 4/134-138 Henry Street, Penrith to Blue Mountains Education Pty Limited                                                        

 

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

 

3        Commercial Matter - Council Property - Leasing of Suite GO 2 at Community Connections to Anglicare Sydney                                                                                  

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Commercial Matter - Council Property - Leasing of Suite 113 at Community Connections Building to SydWest Multicultural Services                                           

 

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


 

 

5        Commercial Matter - Council Property - Leasing of Suites 104 & 104A to Lifestart Co-operative Ltd at 114-116 Henry Street, Penrith                                                              

 

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

 

6        Commercial Matter - Creation of Easement to Drain Water over Council Land - Lot 25, DP 1069009 Public Reserve - To Benefit Lot 9, Section 4, DP 975378 - at rear of 18 Paskin Street, Kingswood                                                                                                

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

7        Commercial Matter - Proposed Easement For Endeavour Energy 33kV Transmission Line Over Public Reserve - Boronia Road, North St Marys                                         

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

8        Commercial Matter - Proposed sale of Council property - 1-23 Lenore Drive, Erskine Park                                                                                                                                     

 

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

 

 

Outcome 1

 

9        Property Matter - 46 - 50 Belmore Street, Penrith (Lot 1122 DP 1106979)                 

 

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

 


 

 

Outcome 7

 

10      Sale of Land For Unpaid Rates and Charges - 30 Eton Road, Cambridge Park       

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals; AND discussion in relation to the personal hardship of a resident or ratepayer; AND information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

11      Code of Conduct Matter concerning Councillor Marcus Cornish                              

 

This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 10:28pm and the General Manager reported that the Committee of the Whole met at 9:25pm on 27 July 2015, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Council Property - Leasing of Suite 4/134-138 Henry Street, Penrith to Blue Mountains Education Pty Limited                                                        

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish     

CW2 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Suite 4/134-138 Henry Street, Penrith to Blue Mountains Education Pty Limited be received.

2.    Council grant a 2 year lease with a 1 year option to David Higinbothan and Michelle Higinbothan in accordance with the terms and conditions set out in the report.

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

 

 


 

 

3        Commercial Matter - Council Property - Leasing of Suite GO 2 at Community Connections to Anglicare Sydney                                                                                  

RECOMMENDED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Prue Car MP

CW3 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Suite GO 2 at Community Connections to Anglicare Sydney be received

2.    Council approve leasing of Suite GO 2 at Community Connections Building to Anglicare Sydney for a 3 year period as outlined in the report.

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

 

4        Commercial Matter - Council Property - Leasing of Suite 113 at Community Connections Building to SydWest Multicultural Services                                           

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

CW4 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Suite 113 at Community Connections Building to SydWest Multicultural Services be received.

2.    Council approve a 3 year Licence Agreement over Suite 113 at Community Connections building to SydWest Multicultural Services in accordance with the terms and conditions set out in the report.

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

 

 

5        Commercial Matter - Council Property - Leasing of Suites 104 & 104A to Lifestart Co-operative Ltd at 114-116 Henry Street, Penrith                                                       

RECOMMENDED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Maurice Girotto

CW5 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Suites 104 & 104A to Lifestart Co-operative Ltd at 114-116 Henry Street, Penrith be received.

2.    Council approve leasing of Suites 104 & 104A at 114-116 Henry Street Penrith to Lifestart Co-operative Ltd under 3 year Licence Agreements in accordance with the terms and conditions set out in the report.

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

 


 

 

6        Commercial Matter - Creation of Easement to Drain Water over Council Land - Lot 25, DP 1069009 Public Reserve - To Benefit Lot 9, Section 4, DP 975378 - at rear of 18 Paskin Street, Kingswood                                                                                           

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM

CW6 That:

1.    The information contained in the report on Commercial Matter - Creation of Easement to Drain Water over Council Land - Lot 25, DP 1069009 Public Reserve - To Benefit Lot 9, Section 4, DP 975378 - at rear of 18 Paskin Street, Kingswood  be received.

2.    Council grant an easement to drain water over Public Reserve on Lot 25, DP 1069009 in favour of Lot 4 DP 975378 at 18 Paskin Street, Kingswood.

3.    The applicant pay compensation to Council as per the amount noted within this report for the granting of the easement over Lot 25, DP 1069009 at the rear of 18 Paskin Street, Kingswood.

4.    The applicant be responsible for all drainage costs, survey, legal and registration costs associated with the creation of the easement.

5.    The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement on Council’s title to the land.

 

7        Commercial Matter - Proposed Easement For Endeavour Energy 33kV Transmission Line Over Public Reserve - Boronia Road, North St Marys                

RECOMMENDED on the MOTION of Councillor Mark Davies  seconded Councillor John Thain

CW7 That:

1.    The information contained in the report on Commercial Matter - Proposed Easement For Endeavour Energy 33kV Transmission Line Over Public Reserve - Boronia Road, North St Marys be received.

2.    Council accept the amount as noted within the report as compensation for the easement.

3.    Council charge an administration fee as noted within the report.

4.    The Common Seal of the City of Penrith be affixed to all documentation necessary to effect registration of the easement on title to Council’s land.

 

8        Commercial Matter - Proposed sale of Council property - 1-23 Lenore Drive, Erskine Park                                                                                                                       

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

CW8 That:

1.    The information contained in the report on Commercial Matter - Proposed sale of Council property - 1-23 Lenore Drive, Erskine Park be received.

2.    The sale of the described property proceed as recommended within this report.

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

 

9        Property Matter - 46 - 50 Belmore Street, Penrith (Lot 1122 DP 1106979)                 

RECOMMENDED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Bernard Bratusa

CW9 That:

1.    The information contained in the report on Property Matter - 46 - 50 Belmore Street, Penrith (Lot 1122 DP 1106979) be received.

2.    Council enter into an Option Agreement to sell the land to Sandran Pty Ltd as per the Terms and Conditions noted within the report.

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

 

10      Sale of Land For Unpaid Rates and Charges - 30 Eton Road, Cambridge Park       

RECOMMENDED on the MOTION of Councillor John Thain  seconded Councillor Jim Aitken OAM

CW10 That:

1.    The information contained in the report on Sale of Land For Unpaid Rates and Charges - 30 Eton Road, Cambridge Park be received.

2.    Council proceed to offer the land for sale by public auction.

 

3.    The reserve price, as provided, be set for the sale of this land by auction.

 

4.    The Property Development Manager be given the delegated authority to sign the contract of sale for and on behalf of Council.

 

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

 

Councillor Jim Aitken OAM left the meeting at 9:38pm and did not return.

 

Having previously declared an Interest in this Item and in accordance with Clause 8.46 of the Procedures for the Model Code of Conduct, His Worship the Mayor, Councillor Ross Fowler OAM left the meeting, the time being 9:38pm and did not return.

 

Deputy Mayor, Councillor Greg Davies took the Chair, the time being 9:38pm.

 

11      Code of Conduct Matter concerning Councillor Marcus Cornish

In accordance with Clause 8.47 of the Procedures for the Model Code of Conduct, Councillor Cornish was provided an opportunity and made an oral submission to Council on this Item.

At the completion of his oral submission, in accordance with Clause 8.48 of the Procedures for the Model Code of Conduct, Councillor Cornish left the meeting at 9:51pm and did not return.

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

CW11 That:

1.    The information contained in the report on Code of Conduct Matter concerning Councillor Marcus Cornish be received.

2.    Council adopt all of the recommendations made by the Investigator within the Final Investigation Report, specifically that:

 

a.   Councillor Cornish be formally censured for the breach under section 440G of the Local Government Act 1993 (“the Act”) at a meeting duly constituted in accordance with section 440G of the Act.

 

b.   Findings of inappropriate conduct by Councillor Cornish at the Council meetings held on 24 November and 8 December 2014 be made public at the next available duly constituted Council meeting.

 

c.   At the next available duly constituted meeting, Councillor Cornish be required to:

 

                                                 i.   Publically acknowledge the findings of breach of clauses 3.1 (e), 3.3 and 6.7(a), (e), (g) of the Model Code and is also to give an undertaking to Council that he will avoid similar breaches in future.

                                                ii.   Offer an unqualified apology to the Mayor, Council and the Penrith community.

                                               iii.   Give an undertaking that he will not make negative or derogatory comments regarding the complaint, the outcome or the Code of Conduct process publically including to the media.

 

d.   Council engage the Office of Local Government or a suitably qualified and experienced training organisation to design and deliver Code of Conduct training specifically for Councillor Cornish and the breaches in question. Alternatively the training could be designed and delivered in house, should Council have the appropriate staff with the expertise to do so.

 

e.   Councillor Cornish be required to attend and to give an undertaking that he will participate in the subject training.

 

f.    The training to be interactive with practical examples and Councillor Cornish should be required to demonstrate his understanding of appropriate standards of conduct for public officials through a system of questioning and observation by the trainer.

 

g.   The above sanctions be completed within 3 months of the date of this report.

 

 

ADOPTION OF Committee of the Whole

 

230  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7, CW8, CW9, CW10 and CW11 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:37pm.

 


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        Colin Wood accepted as a Fellow of the Australian Institute of Building Surveyors         1

 

2        Council and UrbanGrowth NSW win prestigious award for Thornton                               2

 

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

Mayoral Minute

Colin Wood accepted as a Fellow of the Australian Institute of Building Surveyors

Strategy: Facilitate development that encourages a range of housing types

           

 

Colin Wood, Council’s Building Compliance Coordinator, was accepted as a Fellow of the Australian Institute of Building Surveyors (AIBS) at the AIBS Conference in Sydney on 11 August 2015.

 

AIBS was founded in Victoria in 1962 and has subsequently grown to incorporate representatives from each State and Territory within Australia. It is recognised nationally and internationally as the peak professional body representing Building Surveying practitioners in Australia.

 

Colin’s contribution to AIBS is well known to many in NSW local government professional circles where he has been active for many years.  Colin has been an active member of the NSW State Chapter where he assisted with Building Code of Australia training throughout the state when it was established in 1992/93.

 

Colin is a representative for the AIBS for the Australian Standard 3959 relating to building in bushfire prone areas and has held that position since 1994. His extensive experience has seen him present training courses in fire safety and bushfire requirements along with numerous presentations at State and National conferences over the years.

 

To be made a Fellow is a rare, yet distinguished award. All Fellows are personally chosen by the Board of the AIBS. I congratulate Colin, on behalf of Council for this most deserved recognition. It is a testament to the professionalism of this organisation’s staff.

 

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Colin Wood accepted as a Fellow of the Australian Institute of Building Surveyors be received.

 

 

 


Ordinary Meeting                                                                                              24 August 2015

 

Mayoral Minute

Council and UrbanGrowth NSW win prestigious award for Thornton

Strategy: Facilitate development that encourages a range of housing types

           

 

Council’s partnership with UrbanGrowth NSW to develop Thornton was acknowledged with the prestigious Government Leadership for Urban Development award at the 2015 UDIA NSW Awards for Excellence.

 

The Thornton development was made possible through the leadership of UrbanGrowth NSW and Council, who worked collaboratively to overcome traditional barriers in the planning system and develop a shared vision for the project which was formalised in a Memorandum of Understanding.

 

The project required a new approach to planning and more flexible planning controls and subdivision processes. The collaboration between UrbanGrowth NSW and Council also saw the delivery of the 1000 space commuter carpark at North Penrith.

 

The transformation of a surplus Commonwealth site into one of the most innovative, connected residential precincts in Australia has put Penrith on the map and will be a benchmark for future developments.

 

It is most apt for Council to be recognised in the category of Government Leadership. This Council was instrumental in negotiating for Urban Growth to acquire the site and we have worked actively with them since in a non-statutory way to plan a dynamic city living precinct with housing and amenity unseen in Penrith previously. This says much about this organisation’s ability to collaborate with others to deliver great projects.  It attests to what can be achieved when different levels of government collaborate.

 

Council is immensely proud of the outcomes achieved at Thornton and was delighted to accept this award jointly with UrbanGrowth NSW.

 

 

 

 

Councillor Ross Fowler OAM

Mayor

  

 

 

RECOMMENDATION

That the Mayoral Minute on Council and UrbanGrowth NSW win prestigious award for Thornton be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 August 2015                                                                                                                                    1

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 10 August 2015                                                                                                                                  12

 

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 August, 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, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Bernie Meier – Signs and Linemarking Officer, Darrell Boggs –Ranger, Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer, Caitlin Bailey – Trainee Engineer.

 

ABSENT

 

 James Suprain – Roads and Maritime Services.

 

APOLOGIES

Steve Grady – Busways, Ruth Byrnes – Senior Traffic Officer, Graham Green – Senior Traffic Engineer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 July 2015

The minutes of the Local Traffic Committee Meeting of 6 July 2015 were confirmed.

 

DECLARATIONS OF INTEREST

  

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Melville Road, St Clair - Proposed Pedestrian Facility                                                 

RECOMMENDED

That:

1.    The information contained in the report on Melville Road, St Clair - Proposed Pedestrian Facility be received.

2.    A project be entered into Council’s Traffic Facilities Prioritisation Program for the design and construction of an appropriate pedestrian facility on Melville Road at Moore Street, St Clair.

3.    When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

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

 

 

 

 

 

2        Dunheved Road and Trinity Drive, Cambridge Gardens                                             

RECOMMENDED

That:

1.    The information contained in the report on Dunheved Road and Trinity Drive, Cambridge Gardens be received.

2.    Council investigate funding opportunities to further develop and implement proposed intersection improvements at Dunheved Road and Trinity Drive, Cambridge Gardens as part of a broader review of Dunheved Road and its potential future upgrade.

3.    The resident, the Mayor, Councillor Ross Fowler OAM, and Member for Londonderry, Ms Prue Car MP be advised.

4.     The matter be referred to Council’s Parks and Garden’s section to request the trimming of trees at the intersection.

 

3        Hindmarsh Street, Cranebrook - Proposed Embellishment of Marked Footcrossing                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Hindmarsh Street, Cranebrook - Proposed Embellishment of Marked Footcrossing be received.

2.    A kerbside blister and associated linemarking be designed for construction on Hindmarsh Street, Cranebrook (as shown in Appendix 1).

3.    Zigzag linemarking be installed on Hindmarsh Street on the westbound approach to the roundabout and crossing at the intersection with Boundary Road, Laycock Street and Tornado Crescent (as shown in Appendix 1).

4.    The project be funded from current or future Urgent Local Traffic Committee budget.

5.    The resident be advised of Council’s resolution.

 

4        Penrith Bicentenary Festival - Saturday 12 September, 2015                                      

RECOMMENDED

That:

1.    The information contained in the report on Penrith Bicentenary Festival - Saturday 12 September, 2015  be received.

2.    The event applicant be advised that this is a Class 3 Event under the “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.

3.    The Traffic Management Plan detailing the traffic arrangements for the event on Saturday 12 September, 2015  be endorsed, subject to the following conditions:

a)  Approval be given to the temporary closure of Aviators Way, Thornton on Saturday 12 September, 2015 from 5.30am to 6.30pm.  

 

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

 

c)  Where Traffic Controllers are to be used, all Traffic Controllers have current Roads and Maritime Services certification.

d)  The event applicant delivers 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.  Should a matter not be able to be resolved, the event may be postponed.

e)  The event applicant notifies private bus companies of the proposed event and submits a copy of this notification to Council prior to the event.

f)  The event organiser notifies 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 submits a copy of this notification to Council prior to the event.

 

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

 

5        Todd Row, St Clair - Proposed installation of 'No Stopping' zone signage             

RECOMMENDED

That:

1.    The information contained in the report on Todd Row, St Clair - Proposed installation of 'No Stopping' zone signage be received.

2.    That “No Stopping” zones be installed on the intersection of Todd Row with Bligh Court, St Clair, at 10 metres from the corners in accordance with Appendix 1.

3.    That the Principal of Holy Spirit Primary School and adjacent residents be informed.

 

6        Western Sydney Marathon - Sunday, 3 October, 2015                                                 

RECOMMENDED

That:

1.    The information contained in the report on Western Sydney Marathon - Sunday, 3 October, 2015  be received.

2.    Approval be given for the temporary closure of Old Castlereagh Road, between the SIRC Gate B and the termination of Old Castlereagh Road,  from 4.30am to 2.00pm on Saturday 3 October 2015 for the marathon and half marathons of the “Western Sydney Marathon”, subject to the following conditions:

a)   The event applicant be advised that this is a Class 2 Event under the “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)  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.

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

d)  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.

e)  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.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during 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 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.

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)   The event applicant notifies the 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.

j)   The event applicant notifies private 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 the changed route 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 be required 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 are advised to obey road rules and Police directions during the event. 

n)  Any affected properties along the event route, including the Castlereagh Christian Conference Centre, be advised of the proposal by the applicant.

3.    All works as part of this approval be conducted at no cost to Council.

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

 

7        Update to Council's Speeding Prevention Strategy: Announcing a trial of the hire of a Radar Speed Display device                                                                                     

RECOMMENDED

That:

1.    The information contained in the report on Update to Council's Speeding Prevention Strategy: Announcing a trial of the hire of a Radar Speed Display device be received.

2.    A 6 month evaluation of the trial of the radar speed display trailer take place, with the viability of the hire process reported to a future Local Traffic Committee Meeting via an evaluation report.

3.     A list of locations (of where the device will be located) be circulated to the Committee members.

 

8        Copeland Street, Penrith - Proposed Bus Zones                                                          

RECOMMENDED

That:

1.    The information contained in the report on Copeland Street, Penrith - Proposed Bus Zones be received.

2.    That a permanent bus zone of 20 metres in length be installed on the northern side of Copeland Street, Penrith, within the eastern end of the existing 40 metre “Bus Zone 8.00am – 9.30am, 2.30pm – 4.00pm school days”.

3.    That a permanent bus zone of 20 metres in length be installed on the southern side of Copeland Street, Penrith, within the eastern end of the existing 61 metre “Bus Zone 8.00am – 9.30am, 2.30pm – 4.00pm school days”.

4.    That Busways, St Dominic’s College and Council’s Works Depot be advised of Council’s Resolution.

 


 

 

9        Nepean Private Hospital, Barber Avenue, Kingswood - Endorsement of Signage and Line Marking Plans                                                                                                    

RECOMMENDED

That:

1.    The information contained in the report on Nepean Private Hospital, Barber Avenue, Kingswood - Endorsement of Signage and Line Marking Plans be received

2.    The signage and line marking plans prepared by Taylor Thomson Whitting for Nepean Private Hospital, Barber Avenue, Kingswood (Plan No. 141643, Drawing No. C03, Issue C, dated 8 April 2015) be endorsed for construction (as shown in Appendix 1).

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

4.    Taylor Thomson Whitting be advised of Council’s resolution.

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

 

10      St Marys Southwest Precinct - Endorsement of Design Plan AB173                        

RECOMMENDED

That:

1.    The information contained in the report on St Marys Southwest Precinct - Endorsement of Design Plan AB173 (dated July 2015) be received.

2.    Further consultation be undertaken with affected residents, including copies of relevant portions of Council’s Design Plan, with any substantial objections to be referred back to Local Traffic Committee for consideration.

3.    Subject to no substantial objections, Council’s Design Plan AB173 (dated July 2015) be finalised and endorsed for construction, to be funded from the 2015/16 Major Traffic Facilities program.

 

11      Terrybrook Road and Fifth Avenue, Llandilo - Endorsement of Design Plan AT82 

RECOMMENDED

That:

1.    The information contained in the report on Terrybrook Road and Fifth Avenue, Llandilo - Endorsement of Design Plan AT82 be received.

2.    Design Plan AT82 be endorsed for construction, with funding provided from the 2015/16 Nation Building Black Spot Program.

3.    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      Russell St, Emu Heights - Request for additional 1/2 hour Parking                           

LTC Comment: Councillor Marcus Cornish raised objection to the proposal to retain existing unrestricted parking in recommendation 2. Councillor Marcus Cornish requested the single space, at Red Rooster, to be designated ½ hour parking. A vote was called with Councillor Tricia Hitchen (Member for Penrith) and the Penrith LAC voting to retain the recommendations as they stand (i.e. to retain unrestricted parking for the single space). The motion was passed 2 votes to 1 in favour of the original recommendations (noting the Roads and Maritime Services representative was absent from the meeting). In addition, the Penrith LAC representative requested an investigation into the provision of Islands within the ‘No Stopping’ zones to prevent trucks accessing these spaces.

RECOMMENDED

That:

1.    The information contained in the report on Russell St, Emu Heights - Request for additional 1/2 hour Parking be received.

2.    Half hour parking signage not be introduced for the additional space fronting Red Rooster on safety and pedestrian sight distance grounds.

3.    Councillor Marcus Cornish be advised.

4.     Investigations be conducted into the installation of physical or painted islands within the “No Stopping” zones adjacent to KFC, McDonalds and the Red Rooster development.

 

13      Gascoigne Street and Phillip Street, Kingswood - Endorsement of Design Plan AG 146                                                                                                                                       

RECOMMENDED

That:

1.    The information contained in the report on Gascoigne Street and Phillip Street, Kingswood - Endorsement of Design Plan AG 146 be received

2.    Design Plan AG 146 be endorsed for construction, with funding provided from the 2015/16 Nation Building Black Spot Program.

3.    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.

 

14      Kings Hill Road, Mulgoa - Endorsement of Traffic Safety Improvement Works       

RECOMMENDED

That:

1.    The information contained in the report on Kings Hill Road, Mulgoa - Endorsement of Traffic Safety Improvement Works be received.

2.    The works shown on the Kings Hill Road, Mulgoa – Traffic Safety Improvement Works plan be endorsed for construction, with funding being provided from the 2015/16 NSW Government’s Safer Roads Program.

3.    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.

 

15      Bakers Lane, Kemps Creek - Provision of "No Stopping" Zone at Driveway to Mamre Anglican School                                                                                                   

RECOMMENDED

That:

1.    The information contained in the report on Bakers Lane, Kemps Creek - Provision of "No Stopping" Zone at Driveway to Mamre Anglican School be received

2.    “No Stopping” signposting be provided in Bakers Lane, Kemps Creek at the driveway to Mamre Anglican School and Little Smarties Early Learning Centre as shown on Appendix 1.

3.    Mamre Anglican School and Little Smarties Early Learning Centre be advised of Council’s resolution.

 

16      Dunheved Road and Tasman Street, Cambridge Park - Endorsement of Design Plan AT83                                                                                                                           

RECOMMENDED

That:

1.    The information contained in the report on Dunheved Road and Tasman Street, Cambridge Park - Endorsement of Design Plan AT83 (dated 24 July 2015) be received.

2.    Design Plan AT83 (dated 24 July 2015) be endorsed for construction, with funding provided from the 2015/16 Nation Building Black Spot Program.

3.    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.

 

 

GENERAL BUSINESS

 

GB 1          Greenwood Parkway, Jordan Springs – Endorsement of Signage           Plan (Raised Council)        

Council has received a signage plan from J. Wyndham Prince, numbered 9115/CC201 B dated 13 December, 2011. 

 

The plan proposes “No Stopping” signage (R5-400 L&R) on both sides of the street between The Northern Road and the roundabout intersection with Discovery Way/Watergum Drive, providing clearway conditions on approach to, and exiting from, the Jordan Springs estate.   Notification is not considered necessary as this section of the road does not provide access to individual properties. 

 

At its Ordinary Meeting on 3 April, 2006, Council resolved on the recommendation of the Local Traffic Committee, in part that:

 

 

“ … delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”. 

 

In accordance with Council’s resolution, the signage plan was referred to the Roads and Maritime Services (RMS) and Police for comments, and no objections were raised.

 

All costs associated with the installation of the signage shall be funded by the applicant.

 

RECOMMENDED

That:

1.    The signage plan prepared by J. Wyndham Prince, numbered 9115/CC201 B dated 13 December, 2011, be endorsed for construction (as shown in Appendix 1).

2.    All associated signage be installed in accordance with the Australian Standards.

3.    All costs associated with the installation of the signage be funded by the applicant.

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

 

 

GB 2          Amendments to Traffic Management Plan – DEFQON Music Festival, 19 September, 2015  (Raised Penrith LAC and Council)

 

At its meeting of 1 June, 2015, the Local Traffic Committee considered a report on the traffic arrangements for “DEFQON.1 Music Festival and associated camping – Sydney International Rowing Centre on 19 September, 2015”.   The Police LAC representative indicated that 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.

 

At its Ordinary Meeting of 29 June 2015, Council resolved on the recommendation of the Committee that, in part:

 

“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:

 

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

 

Council has received an amended Traffic Management Plan from Q-Dance Australia Pty Ltd.  The applicant requests that the recommendation 2(q) be deleted as it would be detrimental to the event such that the event would be financially unviable. 

 

A site visit was held on Wednesday, 8 July 2015 with representatives from SIRC, Police, Event & Sports Projects Australia Pty Ltd (ESPA) and Q-Dance.  It was agreed that it is unsafe to have any pedestrians on Old Castlereagh Road, (which was occurring during egress) and the following operational procedures have been agreed to by all parties:

 

·    Additional guides, barriers and temporary VMS boards will be used at the Bus Loading Area to ensure all pedestrians are aware that there are no walking routes out of the event;

·    A buffer zone erected at Gate C to further hide the exit at Gate C.  A temporary gate will be installed at this point to control any pedestrians that present at this point;

·    A minimum of four police officers and four security staff to be situated at Gate C during egress.  These staff must be specifically rostered for this area and not redeployed from elsewhere within the event site;

·    A shuttle bus will be deployed to this area specifically to pick up any pedestrians that may present at this area.  Pedestrians must be put onto a bus at this area. No pedestrians will be permitted to walk along Old Castlereagh Road. 

 

An amended Traffic Management Plan and Traffic Control Plan dated 22 July 2015, particularly indicating proposed amendments to bus transport arrangements at SIRC, have been provided.

 

LTC Comment: The Penrith Police LAC representative, Matt Shirvington, advised the Committee that the Police had met with the event organisers and have agreed upon an amendment to the management of patrons exiting the event. As such the Police are satisfied and agree with the deletion of the need for lighting and bollards.

RECOMMENDED

That Condition 2(q) in relation to lighting and bollards in Old Castlereagh Road be deleted.

 

UB 3           High Street, Penrith - Review of Post Office Box location (Raised Councillor Tricia Hitchen)  

Councillor Tricia Hitchen requested a review of the location of the post box on High Street, east of Woodriff Street, Penrith, as the Post Office has been relocated and the post box is under utilised. Councillor Tricia Hitchen further requested a review of the existing Taxi parking space at this location. Councillor Tricia Hitchen requested that the post box be removed and two parking spots be added to High Street.

RECOMMENDED

That:

1.    Council review the location of the Post Box and Taxi parking on High Street, east of Woodriff Street, Penrith in conjunction with Australia Post.

 

2.    A review be conducted on introducing two parking spaces in place of the post box.

 

GB 4          Thank you to Simone Vella

Simone Vella was thanked by the Engineering Services Manager for her contribution to the Local Traffic Committee for the past 9 months.

RECOMMENDED

That the information be noted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:40am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 August, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                              24 August 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 10 August, 2015

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP (arrived 7:07pm), Kevin Crameri OAM, Marcus Cornish, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 10 August 2015 to 18 August 2015 inclusive.

Leave of Absence was previously granted to Councillor Greg Davies for the period 5 August 2015 to 17 August 2015 inclusive.

APOLOGIES

An apology from Councillor Mark Davies was accepted.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 July 2015

The minutes of the Policy Review Committee Meeting of 13 July 2015 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Significant in Confidential Item 2 – Jolly Street, Castlereagh – Development Matter as her son was employed by a company owned by the owner of the subject property. Councillor Karen McKeown stated that she would not participate in any debate on this matter and that she would leave the meeting during consideration of this item.

 

Councillor Prue Car MP arrived at the meeting, the time being 7:07 pm.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

4        Results of the Community Survey 2015

Sustainability Coordinator, Carmel Hamilton introduced the report and invited, Michael Di Leo, Acting Executive Director – IRIS Research to give a presentation.

Councillor Jim Aitken OAM left the meeting, the time being 7:20pm.
Councillor Jim Aitken OAM returned to the meeting, the time being 7:23pm.

Councillor Kevin Crameri OAM left the meeting, the time being 7:23pm.
Councillor Kevin Crameri OAM returned to the meeting, the time being 7:25pm.

 

RECOMMENDED

That the information contained in the report on Results of the Community Survey 2015 be received.

 

 

Outcome 1 - We can work close to home

 

1        Growing Tourism in Penrith

Corporate Communications, Marketing and Customer Service Manager, Barbara Magee introduced the report and gave a presentation.                                                                            

RECOMMENDED

That the information contained in the report on Growing Tourism in Penrith be received.

 

Councillor Prue Car MP left the meeting and did not return, the time being 8:05pm.

 

Outcome 5 - We care about our environment

 

3        Presentation of the draft Cooling the City Strategy

Sustainability Coordinator, Carmel Hamilton introduced the report and invited, Senior Sustainability Planner, Jenny Guice to give a presentation.

                                                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Presentation of the draft Cooling the City Strategy be received.

2.    The Cooling the City Strategy be endorsed.

 

 

Outcome 2 - We plan for our future growth

 

2        Proposed Amendment to Development Control Plan 2014 - E7 Part B (Glenmore Park Stage 2)                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Proposed Amendment to Development Control Plan 2014 - E7 Part B (Glenmore Park Stage 2) be received.

2.    Council endorse the public exhibition of an amendment to Development Control Plan 2014 – E7 Part B (Glenmore Park Stage 2). The amendment is to be exhibited in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and associated Regulations.

 

3.    The General Manager be delegated authority to make any necessary minor changes required to Development Control Plan 2014 – E7 Part B (Glenmore Park Stage 2) in accordance with Council’s adopted policy position ahead of public exhibition.

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

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

For

Against

 

Councillor Jim Aitken OAM

Councillor Kevin Crameri OAM

Councillor Marcus Cornish

Councillor Maurice Girotto    

Councillor Bernard Bratusa

Councillor Michelle Tormey

Councillor Jackie Greenow OAM

Councillor Karen McKeown            

Councillor Ross Fowler OAM         

 

Councillor Tricia Hitchen

 

Councillor John Thain

 

 

5        Local Government NSW Annual Conference 2015                                                       

RECOMMENDED

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2015 be received.

2.    The Motion detailed in the report be submitted for inclusion in the 2015 Local Government NSW Annual Conference Business Paper prior to 25 August 2015.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Fifth Avenue, Llandilo - Road Condition      

Councillor Kevin Crameri OAM requested a memo reply to all Councillors advising on the results of the Council’s staff investigation into the condition of the road at Fifth Avenue, Llandilo and provide information on the way we fix pot holes including an audit of the roads in Llandilo and Berkshire Park.

 

RR 2           Badgerys Creek Airport - Update        

Councillor Kevin Crameri OAM requested an urgent report to Council concerning whether the Labor and Liberal Party still support the airport as a 24 hour airport and without rail. In addition, the report is to include information about the selection of our consultant to review the EIS, and obtaining a map which shows the flight paths.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Confidential Item 2 – Jolly Street, Castlereagh – Development Matter Councillor Karen McKeown left the Chamber for consideration of this Item, and did not return, the time being 8:26 pm.

 


 

confidential business

 

1        Presence of the Public

 

RECOMMENDED

 

That the press and public be excluded from the meeting to deal with the following matter the time being 8:26pm.

 

2        Jolly Street, Castlereagh – Development Matter                                                           

 

This item has been referred to committee of the whole as the report refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting moved out of confidential session at 8:38 pm and the General Manager reported that after excluding the press and public from the meeting, the Policy Review Committee met in confidential session from 8:26pm to 8:38pm to consider a personal matter.

 

The General Manager reported that while in confidential session, the Committee resolved the confidential business as follows:

 

CONFIDENTIAL BUSINESS

 

2        Jolly Street, Castlereagh – Development Matter   

RECOMMENDED

That the information provided by Councillor Crameri OAM be received.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:40pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 August, 2015 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Veterinary School of Excellence and Animal Health                                                         1

 

Outcome 2 - We plan for our future growth

 

2        Panthers Penrith - Proposed Amendment to the Planning Agreement for Road Works   7

 

3        Current membership for Penrith City Council nominated members for JRPP matters 12

 

 

URGENT

 

20      Number of legal sex services premises, massage parlours and tattoo parlours in Penrith CBD                                                                                                                                115

 

 

Outcome 3 - We can get around the City

 

4        Works on private land - Lot 180 DP 31911 2 - 6 Anne Street (roadworks in Power Street), St Marys                                                                                                                                17

 

5        The Northern Road Upgrade Stage 3                                                                              20

 

6        Roads and Maritime Services (RMS) 2015/16 REPAIR Program (Rehabilitation) Road Funding Grant                                                                                                                   29

 

 

 

Outcome 4 - We have safe, vibrant places

 

7        NSW Boating Now: Funding for Priority Regional Projects in the Regional Boating Plan   33

 

8        Penrith Mayoral Challenge 2015 - Barr and Bass Reserve, Colyton                              36

 

 

URGENT

 

19      Tender Reference 15/16-02 for the Refurbishment of Tennis Courts at Woodriff Gardens, Castlereagh Road, Penrith                                                                                             107

 

 

Outcome 5 - We care about our environment

 

9        Waste Contracts                                                                                                               47

 

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

 

10      Community Assistance Program Planned Component 2015-16                                     53

 

11      Licence Agreement  - Nepean District Tennis Association's Use of Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex                                                                                 62

 

 

Outcome 7 - We have confidence in our Council

 

12      Organisational Performance Report - June 2015                                                            67

 

13      Sydney Water Replacement Flows Project - Amendment To Council Lands Affected 74

 

14      Code of Conduct matter concerning Councillor Marcus Cornish                                    78

 

15      Provision of Telecommunication and Data Centre Services                                           81

 

16      Links Road, St Marys Voluntary Planning Agreement                                                    88

 

17      Local Government Conference 2015                                                                              93

 

18      Summary of Investments and Banking for the period 1 July to 31 July 2015                97

 

 

 

 

 

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Veterinary School of Excellence and Animal Health                                                         1

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

1

Veterinary School of Excellence and Animal Health   

 

Compiled by:               Wendy  Connell, Planner

Authorised by:            Paul Grimson, City Planning Manager 

Requested By:            Councillor John Thain

 

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

At Council’s Ordinary Meeting on 23 March 2015 Councillor John Thain requested a report on the possible establishment of a Veterinary School of Excellence and Animal Health. (Reference RR10).  The information below is in response to this request.

 

Background

To scope the possibility for the establishment of a Veterinary School of Excellence and Animal Health in Western Sydney we approached tertiary institutions in Sydney and interstate as well as representative organisations and interest groups.

 

Current Position

We first approached the University of Western Sydney (UWS).  UWS are key partners of Council and make a substantial contribution to skilling and educating the region’s population.

UWS representatives Professor Gregory Kolt, Dean of Science and Health and Vice-Chancellor, Professor Barney Glover are of the view that NSW is already well served with veterinary science training programs, with both the University of Sydney and Charles Sturt University offering such programs. They stated that veterinary science programs are expensive to develop and run, and at this stage UWS would not consider offering veterinary science. UWS is committed to its current Bachelor of Natural Science (Animal Science), offered at Hawkesbury Campus, and has seen growing enrolments in the program in the past few years.

 

The University of Sydney Camden Campus is used by agricultural and veterinary science students.  The Faculty of Veterinary Science operates a general veterinary clinic and teaching hospital on campus as well as the Research and Clinical Training Unit, which aims to foster collaborative research efforts internally across the Faculty and nationally across other universities.

 

Other universities which we also approached such as Deakin, Charles Sturt, Melbourne and Queensland universities already have well established Veterinary Science programs at their campuses. Although we pursued the requests, no response/interest was received.

 

Western Sydney Institute – TAFE also offers an extensive range of educational opportunities through the Animal Studies & Horse Industry Specialist Centre at its Richmond College. 

 

The Western Sydney Institute Equine Studies Centre offers qualifications for the Performance Horse and Horse Breeding Industry,(which includes Equine Nursing), the Racing Industry, (which includes, Stablehands, Jockeys, Thoroughbred Trainer and Trackrider), Trade courses in Farriery and Blacksmithing.  A recent partnership has been formed between Racing NSW and TAFE NSW Western Sydney Institute who have established "The Australian Racing & Equine Academy" at the Richmond College. 

 

Recent Veterinary needs analysis

Recent research has also been undertaken to determine if there is a need for a Veterinary School of Excellence and Animal Health.  The Australian Veterinary Association (AVA) Ltd published a workforce review report in 2013. The report stated that prior to 2010 the supply of veterinary graduates had been from four universities: the University of Queensland, the University of Sydney, the University of Melbourne and Murdoch University (WA). The supply of graduates was considered adequate for Australia.  However those in rural areas including livestock industries argued there was not a sufficient supply of graduates who were prepared to move to practices in these areas and stay. In response, Charles Sturt University Wagga Wagga established a new veterinary school aimed at the needs of rural Australia. The first graduates from this program entered the workforce in 2010.

 

The AVA report notes that new veterinary courses have since been established at James Cook University (QLD) and The University of Adelaide.  An oversupply of veterinarians has been raised; this appears to be occurring more so in metropolitan areas than rural areas which generally are still having a hard time retaining qualified veterinarians. 

 

Conclusion

The majority of metropolitan veterinary work is within the market for companion animal veterinary services. This market is mature and growth in demand is forecast to remain low. The AVA found that total population of companion animals, a driver of demand, has been contracting.

 

The AVA also found the ratio of vets per 10,000 population in Australia is higher than in other comparable countries, and find that there may be an oversupply of vets in the near future.  The research indicates 400 replacement veterinarians are required per annum yet 2013 saw the number graduating above 560.

 

The Department of Employment finds the current labour market has no shortage and that large fields of applicants ensure vacancies are filled with little difficulty. The Department also finds evidence to suggest graduates are experiencing greater difficulty in securing initial employment than they have in the past.

 

From this, it is unlikely that we would get support for more veterinary science education.  However, there is an ability to discuss further options with groups such as Sydney Science Park, Department of Primary Industry and CSIRO for the establishment of research based facilities.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Veterinary School of Excellence and Animal Health be received.

2.    Council Officers continue to pursue interest in the establishment of a Veterinary Centre of research excellence in Penrith.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Panthers Penrith - Proposed Amendment to the Planning Agreement for Road Works   7

 

3        Current membership for Penrith City Council nominated members for JRPP matters 12

 

 

 

URGENT

 

20      Number of legal sex services premises, massage parlours and tattoo parlours in Penrith CBD                                                                                                                                115

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

2

Panthers Penrith - Proposed Amendment to the Planning Agreement for Road Works   

 

Compiled by:               Wendy  Connell, Planner

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

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

The purpose of this report is to seek Council’s endorsement of a proposed minor amendment to the current Planning Agreement for the Panthers Penrith site.  The current Planning Agreement is between Council, the Roads and Maritime Services (RMS) and Panthers for road works along Jamison and Mulgoa Roads. The proposed amendments are considered minor with all road works required under the current Planning Agreement still being delivered.

 

The changes to the current Planning Agreement have been required due to the recently approved modifications to the Master Plan for the site and the rescheduling of the development staging to enable Panthers to respond to market opportunities. The rescheduling of the development staging has resulted in some works for Jamison Road and Mulgoa Road intersection occurring earlier than anticipated. Therefore some of the work is being re-aligned to another development stage rather than the Western Sydney Community and Sports Centre (WSCSC). The work being re-aligned is the construction of a second right hand turn bay from Jamison Road eastbound into Mulgoa Road (30m).  Some minor wording adjustments have also been made throughout the VPA to contemporise the agreement. The RMS have agreed to these minor amendments.

 

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

Background

In 2010, the Panthers Group submitted an application for the rezoning of its site.  The proposed rezoning was based on a Concept Plan that enabled the staged development of a range of land uses within an integrated ‘entertainment, leisure and lifestyle precinct’.  Amendment No.2 to Penrith LEP 2010 was gazetted on 21 June 2013 and relates to the redevelopment of the Panthers Penrith site.  Amendment No.2 allows additional land uses on the site including apartments, shops and restaurants, a hotel, campus-style office space, a multi-use events centre, an outlet centre and aged care accommodation.


 

Amendment No.2 also includes a range of provisions to manage the staged roll out of development and infrastructure across the site to ensure that a net community benefit is achieved through redevelopment.

 

At the Ordinary Meeting of 22 July 2013, Council adopted a site specific amendment to Development Control Plan (DCP) 2010 for the Panther’s site.  The DCP amendment incorporated specific controls for the Panthers Penrith site to ensure that the intentions of the LEP 2010 Amendment No. 2 were reinforced in guiding development of the precinct.

 

In addition to the LEP and DCP, Council and the Roads and Maritime Services (RMS) entered into a Voluntary Planning Agreement (VPA) with Panthers for the delivery of State road infrastructure attributable to the development.

 

The VPA for road infrastructure covers the elements of each package of work required and the timing for delivery for each package of works, in accordance with specific triggers which would call up these works.  The triggers for work to be undertaken reflect the staging of the proposed developments to ensure that the impact of development is mitigated. These triggers are based on major traffic generating developments or an accumulative gross floor area (GFA) for specific precincts. This is to facilitate the monitoring of development and administration through progressive development applications.

 

Shortly after the new statutory planning instruments for the Panthers Penrith site came into force, two things occurred which have a significant bearing on the delivery of the intended redevelopment:

 

·    The Panthers Group engaged the services of Brookfield Multiplex to undertake the detailed viability assessment, project planning and management aspects of the development; and,

 

·    The Panthers Group was successful in attracting funding commitments for the WSCSC, which has prompted revision of the initial staging proposed for the delivery of key uses in the Precinct.

 

The first stage of Brookfield Multiplex’s engagement involved a detailed review of all aspects of the proposed redevelopment, in particular the commercial and financial feasibility of the project’s delivery.  This review considered the key elements of the redevelopment contained in the Concept Plan and Council’s statutory documents, and identified a range of adjustments considered necessary to achieve a commercially successful outcome as well as a vibrant, attractive place.

 

The refined Master Plan proposed a mix of uses within the precinct consistent with those permitted under the LEP.  There was significant alignment between the adopted DCP for the site and the desired future character of the precinct; however an amendment to the DCP was required to accommodate the range of changes proposed by the revised Master Plan.  These changes were incorporated into the recently consolidated City-wide DCP 2014, which was adopted by Council at its Ordinary Meeting on 23 March 2015.  It should be noted that the proposed refinements to the Master Plan did not require a change to the zoning provisions under Penrith LEP 2010.

 

Development across the site is progressing, with development applications approved for an NRL academy (construction commenced), WSCSC and lodged for Serviced apartments, decked car park and Seniors Living.

 


 

Proposed Amendments to VPA for Road Works

Panthers have entered into a VPA with the Roads and Maritime Services and Council to deliver predominantly State road infrastructure as a result of traffic generated by development within the Precinct.

 

During the preparation of the DCP 2010, it was assumed that Panthers would progress from the northern part of their site (generally around the proposed outlet centre) to the southern end of their site. This development staging was broadly reflected in the works proposed in the VPA. 

 

A revised Transport Strategy has since been undertaken to support the refined Master Plan to ensure that the changes to the internal road pattern do not affect the external road network.  Council and RMS have reviewed the Transport Strategy and supporting data and agreed no additional external road infrastructure is required as a consequence of the Master Plan refinement.

                                                                                       

Market opportunities and funding have resulted in the roll out of development across the site occurring from the south.  This change in the development phasing has resulted in some of the packages of works required by the VPA being delivered at an earlier stage than was initially anticipated. 

 

The WSCSC was a specific land use identified for works along both Jamison Road and Mulgoa Road.  Panthers have provided traffic modelling to demonstrate that the WSCSC does not trigger all of the Mulgoa Road and Jamison Road upgrades, specifically the second right hand turn bay eastbound from Jamison Road to Mulgoa Road.  They do agree that this work is required when the GFA for the precinct reaches 28,000m2 or upon the development of Lot 1C which is masterplanned for entertainment (leisure centre, retail and residential  Attachment 2).

 

Panthers remain committed to the construction of all external road works and pathways in accordance with the current VPA.  The RMS and Council Officers are in agreement that based on the supporting information such an approach is reasonable. The proposed VPA is attached to this report (Attachment 1).

 

In order to facilitate this approach the VPA needed to be amended. The proposed scope of amendments is as follows:

 

·    Removal of the development staging - The removal of the development staging will allow flexibility in the rollout of development.

 

To ensure the road works that support the developments is delivered at the appropriate time and location the site has been divided into two precincts - Jamison Road Precinct and Mulgoa Road Precinct.  The Jamison Road precinct refers to the development lots within the southern portion of the site while the Mulgoa Road precinct refers to the development lots in the northern portion of the site.  These precincts are shown in Schedule 5 (Attachment 3) of the draft VPA.

 

The removal of the development staging has also meant a recalculation of the Gross Floor Area (GFA) for the Alternative Trigger Event.  The GFA calculation is based on a cumulative GFA for developments within the Jamison Road and Mulgoa Road precincts.  The proposed GFA calculations have been formed on the same principles as the adopted VPA. The proposed GFA amendments can be seen in Schedule 3 column 4 (pages 27 to 32).

 

·    Reallocation of a package of road works - The reallocation of Road Works item No. 3 – Construction of a second right hand turn bay from Jamison Road eastbound into Mulgoa Road (30m). 

 

Currently Road Works Item No. 3 is triggered by the grant of a construction certificate for the Multi Use Arena and Exhibition Centre (WSCSC).   It is proposed under this amendment to now be triggered by the grant of a construction certificate in respect of development Lot 1C which is masterplanned for entertainment (Leisure Centre), retail and residential.

 

·    Minor wording changes - Minor wording adjustments have been made throughout the VPA to contemporise the agreement.   

 

RMS, Panthers and Council have provided their written support for the proposed changes outlined above.  

Conclusion

The amendment to the VPA for the Panthers Penrith site will allow development to continue as market opportunities arise without impacting on the state infrastructure needed to support the development. It is recommended that Council endorse the proposed amendment for notification of the VPA for Panthers Penrith site. The draft amended VPA is required under Section 93G of the Environmental Planning and Assessment Act 1979 to be placed on public notification for a period of at least 28 days. Following the notification, Council’s General Manager, under delegated authority, would finalise and sign the amended VPA with the other VPA parties.  This process would include the affixing of Council’s Common Seal.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Panthers Penrith - Proposed Amendment to the Planning Agreement for Road Works be received.

2.    Council endorse the proposed amendments to the VPA for Road Works as outlined in this report and that a draft amended VPA for Road Works be prepared in accordance with these proposed changes and the requirements of the Environmental Planning and Assessment Act and Regulations.

3.    The draft amended VPA for Road Works be placed on public notice for a period of 28 days.

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

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

6.    A copy of the amended VPA be provided to the Minister.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

Panthers Penrith VPA for Road Works - Proposed Amendment

63 Pages

Attachments Included

2.  

Panthers Development Precincts

1 Page

Attachments Included

3.  

Panthers Development Lots

1 Page

Attachments Included

  


Ordinary Meeting                                                                                              24 August 2015

 

 

 

3

Current membership for Penrith City Council nominated members for JRPP matters   

 

Compiled by:               Julie Condon, Development Enquiry Coordinator

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

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

      

 

Executive Summary

The Joint Regional Planning Panels implemented in July 2009, are comprised of five Panel members, three of which are State members, including the Chairperson, and two who are Council appointed. The Joint Regional Planning Panel (JRPP) is responsible for the determination of development applications considered to be of regional significance.

 

The appointments are limited by the Environmental Planning and Assessment Act 1979 to a maximum term of three years which is due to expire on 23 September 2015.

 

In order to retain continuous representation on the Panel, Council will need to appoint new Councillor representatives or reappoint the existing representatives.

 

The term of appointment may be reduced from the maximum period to enable the incoming Council to give consideration to the appointment of members as Council’s representatives on the Panel following the Local Government elections in 2016.

 

The report recommends Council reappoint the existing representatives to the Panel until the Local Government Elections have been concluded in 2016. It is also recommended that Council consider and appoint representatives to the JRPP at the first Council meeting following the Council election for the next three year period.

Background

JRPPs commenced operations on 1 July 2009.  They were implemented as a part of the Government's reform of the NSW planning system at that time to determine development applications considered to be of Regional significance.

 

In May 2009, Council received a report regarding the Panel and the appointment of Council representatives to the Panel, and resolved that:

 

“1.     The information contained in the report on Appointment of Council Representatives to Joint Regional Planning Panel be received.

2.       The Council authorise the General Manager to nominate an appropriate senior staff representative and staff alternate to the Joint Regional Planning Panel.

3.       Council nominate Councillors Jim Aitken OAM, Greg Davies and Ross Fowler OAM as Council’s alternate representatives to the Joint Regional Planning Panel.

4.       Council make formal representations to the Department of Planning outlining its concerns in relation to the Joint Regional Planning Panel process.”

 

On 9 July 2012 Council received a further report regarding appointment of representatives to the JRPP and resolved that:

 

“1.   The information contained in the report on Appointment of Joint Regional Planning Panel representatives be received.

 2.    Council appoint The Mayor, Councillor Greg Davies and Councillors John Thain and Mark Davies as alternate representatives to the Joint Regional Planning Panel for an interim period up to the Council election on 8 September 2012.

 3.    Council consider and appoint Council’s representatives to the Joint Regional Planning Panel at the first Council meeting following the Council election for the next three year period.”

 

Subsequent to the Council elections in 2012 Council resolved on 24 September 2012 to appoint the Mayor, Councillor Ross Fowler OAM and Councillor Mark Davies as his alternate to the Joint Regional Planning Panel.  The current staff representatives as nominated by the General Manager are Assistant General Manager, Barry Husking and Executive Officer, Glenn McCarthy as alternate.  The alternate members provide a backup Council representation if Council’s primary nominated members are unable to attend.

 

Council representatives make up two of the five Panel members who attend briefings and make decisions regarding determination of development applications. In practice, this has been one Councillor and one staff representative.

 

On 3 August 2015 Council received notification that the current membership of Council’s nominated members was due to expire on 23 September 2015.

 

Nominations

Formal nomination of Councillor representatives to the JRPP is required to fulfil the requirements of the legislation. Previously, Council authorised the General Manager to nominate staff representatives. It is proposed the General Manager again reappoint the staff representatives to the Panel.

 

Council can elect to appoint new Councillor representatives or reappoint the existing Panel representatives. Given the Council elections are upcoming, it is suggested that Council make the appointments for an interim period up until after the 2016 elections.

 

Relevant legislation requires that, at least one of the Council appointed Panel members must have expertise in planning, architecture, heritage, the environment, urban design land economics, traffic and transport, law, engineering or tourism. These credentials must be established prior to the Panel Secretariat’s endorsement of the nominee/s.

 

Conclusion

It is important to ensure Council maintains an adequate level of representation in JRPP deliberations on major development proposals in the City. Given the expiry of the current three year appointments, Council’s existing JRPP representatives need to be formally renominated or new representatives appointed.

 

It is recommended that Council appoint its representatives to the JRPP for the interim period up until after the 2016 Council election. Council can then consider and appoint Councillor representatives to the JRPP at the first Council meeting following the Council election for the next three year period.

 

It is proposed the General Manager exercise his delegation to appoint staff representatives.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Current membership for Penrith City Council nominated members for JRPP matters be received.

2.    The Council nominate its  representatives on the Joint Regional Planning Panel for an interim period until after the 2016 Council election.

3.    The General Manager exercise delegation to nominate staff representatives.

4.    Council consider and appoint Council’s representatives to the Joint Regional Planning Panel at the first Council meeting following the Council election for the next three year period.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

4        Works on private land - Lot 180 DP 31911 2 - 6 Anne Street (roadworks in Power Street), St Marys                                                                                                                                17

 

5        The Northern Road Upgrade Stage 3                                                                              20

 

6        Roads and Maritime Services (RMS) 2015/16 REPAIR Program (Rehabilitation) Road Funding Grant                                                                                                                   29

 

 

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

4

Works on private land - Lot 180 DP 31911 2 - 6 Anne Street (roadworks in Power Street), St Marys   

 

Compiled by:               Alexx Alagiah, Asset Systems Engineer

Gowry Gowrythasan, Civil Operations Engineer

Authorised by:            Hans Meijer, City Works Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Construct, manage and maintain Council's roads, drains, bridges and paths

      

 

Executive Summary

The rehabilitation of the parking lane in Power Street, St Marys adjacent to 2-6 Anne Street was included in the adopted 2015-16 Operational Plan for the replacement of an aged dish drain and rehabilitation of the adjacent parking area. There is a small portion of the parking lane (a strip of land approximately 0.2m in width) that is within private property.

 

Under S377 of the Local Government Act, a Council resolution is required where works are proposed to be undertaken on Private land and the property owner is not to be charged for works performed. It is recommended that Council fully fund the rehabilitation of the parking lane adjacent to  2-6 Anne Street along the Power Street frontage including that portion contained within private property.

Background

The existing parking lane along Power Street adjacent to 2-6 Anne Street is in poor condition and is included in the adopted 2015-16 Operational Plan for rehabilitation. Due to the road geometry and construction of the existing structure at 2-6 Anne Street, approximately 0.2m width (of the total 4.7m width of parking lane) is located within private property. A registered surveyor was engaged to confirm the property boundary in relation to the parking lane.

 

As the parking lane services the general public, it is recommended that the rehabilitation works be wholly funded by Council. Sealing the entire width of the existing parking lane will protect the parking lane pavement.

 

Project Cost

 

The total estimated cost of the pavement works in the parking lane is $50,000. Table 1.1 apportions the total cost between the private and Council owned land and Figure 1.1 shows the extent of works on private land.

                                                                  

 

Cost ($)

Council owned land

47,900

Private owned land

2,100

Overall cost

50,000

                  

                             Table 1.1 Breakdown of estimated cost of pavement works

 

 

 

 

 

 

Figure 1.1 Photo of location of works

 

Conclusion

 

As the described works benefit the general community by providing car parking, it is recommended that the entire cost of the works be funded by Council.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Works on private land - Lot 180 DP 31911 2 - 6 Anne Street (roadworks in Power Street), St Marys be received.

2.    Council resolve to fund the parking lane works contained within private land as detailed in the report.

 

 

ATTACHMENTS/APPENDICES

1.  

Location of roadworks in Power Street, St Marys

1 Page

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Location of roadworks in Power Street, St Marys

 

PDF Creator


Ordinary Meeting                                                                                              24 August 2015

 

 

 

5

The Northern Road Upgrade Stage 3   

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

      

 

Executive Summary

The purpose of this report is to present Council with information relating to the proposed Northern Road Upgrade Stage 3 being undertaken by the Roads and Maritime Services (RMS). This report will provide an assessment of the key issues that have been part of RMS exhibition material presented through the community feedback information.

 

In addition, the report provides council with an update on the Western Sydney Infrastructure Plan (WSIP) $200M Local Roads Package.

 

The report recommends that the information be received and that the Engineering Services Manager be authorised to finalise a submission, based on this report, and forward it to the RMS by the closing date of 25 August 2015.

Background

On 14 July 2015, a Joint Media Release from Ms Fiona Scott Federal Member for Lindsay, Mr Russell Matheson Federal Member for MacArthur, The Hon. Stuart Ayres NSW Member for Penrith, Mr Chris Patterson NSW Member for Camden and Ms Tanya Davies NSW Member for Mulgoa, announced major road upgrades for Western Sydney.

The proposed major road upgrades included The Northern Road Stage 3 as part of the Western Sydney Infrastructure Plan (WSIP), a 10 year, $3.6 billion road investment program.

Current Situation

The Australian and NSW Governments are planning to upgrade The Northern Road from Narellan to Penrith (in four stages) as part of the Western Sydney Infrastructure Plan (WSIP). The upgrade of The Northern Road will cater for future traffic from planned residential and commercial developments and be in time for a Western Sydney Airport opening in the mid-2020s.

 

The Northern Road Upgrade stages are:

 

·    Stage 1: 3.3km between The Old Northern Road, Narellan and Peter Brock Drive, Oran Park

·    Stage 2: 10km between Peter Brock Drive, Oran Park and Mersey Road, Bringelly

·    Stage 3: 10km between Littlefields Road, Luddenham and Jamison Road, Penrith

·    Stage 4: 11km between Mersey Road, Bringelly and Littlefields, Luddenham

Stage 3 has been a focus of the current round of community consultation for the RMS and is the subject of this report and our subsequent submission.

 

As part of the current round of community consultation, the RMS is further exhibiting The Northern Road (Stage 4) including short listed route options, and the M12 proposed study area. Council officers will be attending a series of workshops over the next few weeks and further reports will be presented to Council on these key infrastructure projects.

 

The project includes an upgrade to the M4/Northern Road interchange and the development of a grade separated interchange at The Northern Road and Bringelly Road.

On behalf of the Governments, the Roads and Maritime Services (RMS) has developed an access strategy and a preliminary design for The Northern Road Upgrade Stage 3 which covers 10km between Littlefields Road, Luddenham and Jamison Road, Penrith.

 

Key features of the proposed Stage 3 road upgrade include;

 

·    Widening The Northern Road between Jamison Road and Bradley Street to provide four lanes in each direction (three general traffic lanes and a kerbside bus lane)

·    Widening The Northern Road between Bradley Street and Littlefields Road to provide three lanes in each direction (two general traffic lanes and a kerbside bus lane)

·    Widening the road bridge over the M4 Motorway

·    Installing new traffic lights and turning lanes at some intersections

·    Providing continuous bus lanes in each direction

·    Installing a central median

·    Providing a new shared path for pedestrians and cyclists on the western side of the road and a new footpath on the eastern side of the road

·    Installing new street lighting and safety barriers

·    Upgrading drainage.

 

A detailed assessment of these and other matters relating to the proposed scope of the project are detailed below. This will form the basis of Council’s submission to the RMS.

 

Council has advocated for the upgrade of the Northern Road and the recent funding announcements are very much welcomed. As too has the invitation extended to Council to be involved with the preliminary planning for this major road upgrade project. Throughout this process we have had the opportunity to provide significant input into the concept design.

 

The access strategy and preliminary design options that have been developed by the RMS and presented to the community for feedback are supported. The improvements to intersection safety, the proposed traffic management arrangements at each intersection along the route, the provision of bus lanes, the provision of new local roads (to improve connectivity), are all very much welcomed.

 

This report and Council’s submission will focus more so on a limited number of matters for which we believe further consideration must be given. These specifically include the two intersections at Tukara/Frogmore and Jamison Road, and also provision of cycle facilities. Furthermore, Council would welcome the opportunity to assist the RMS in reviewing matters raised separately by the community to RMS through the recent exhibition process.

 

Submission to RMS

 

Road Widening

 

The proposal of widening The Northern Road between Jamison Road and Littlefields Road has two sections and they are;

 

·    between Jamison Road and Bradley Street to provide four lanes in each direction (three general traffic lanes and a kerbside bus lane), and

·    between Bradley Street and Littlefields Road to provide three lanes in each direction (two general traffic lanes and a kerbside bus lane)

 

Comments

 

The proposed increased number of lanes along The Northern Road is supported. The increase to the number of lanes would improve road capacity and the travel times.

 

Bus lane

 

Provision of a continuous bus lane in each direction between Jamison Road and Littlefields Road.

 

Comments

 

The provision of bus lanes is supported. This will provide a reliable public transport link and improve bus travel times. However, there is presently no defined proposal for a bus lane/route between Jamison Road and the Penrith Interchange that would likely utilise the local road network. It is recommended that the RMS and Transport for NSW should commence discussion with Council regarding the missing bus route and required Infrastructure upgrades.

 

The proposal needs to specify the intention of the bus lane whether the bus lane is “Bus Lane” (allows use by bike riders, motor bikes and taxis) or “Bus Only Lane” (allows buses only).

 

Intersection Upgrades

 

The proposal has identified 11 intersection upgrades, including new traffic lights and additional turning lanes at some intersections, and banning right turn movement to and from local roads (through the installation of a continuous central median). The proposed intersection upgrades include additional turning lanes that would improve intersection capacity and travel times, and also improve the connectivity for pedestrians and cyclists, hence improving safety. Specific locations are addressed in more detail below.

 

Frogmore Road/Tukara Road/The Northern Road intersection

 

The intersection of The Northern Road / Frogmore and Tukara is proposed to retain the existing restriction to left in left out movements on the Tukara Road side of the intersection, and to provide a signalised seagull island arrangement on the Frogmore Road side of the intersection. 

 

Comments

 

The proposed signalised ‘seagull’ intersection represents an unconventional arrangement, which may lead to increased accident potential as a result of multiple lanes merging, pedestrians attempting to stage their crossing of The Northern Road and has the potential to encourage illegal movements.

 

At the same time, we believe that it would be inappropriate to construct a full median closure along The Northern Road, thus establishing a left in left out arrangement at both Tukara and Frogmore Roads with The Northern Road. This would separate the community and impact heavily on amenity; redistributing flows across the network.

 

The full signalisation of the intersection of The Northern Road /Tukara Road /Frogmore Rd, with one pedestrian leg across The Northern Road, realises the ultimate solution of this intersection for both the community. When carefully modelled considering origin / destinations across the catchment, this would result in gains on both the State and Local road networks. The full signalisation of this intersection warrants serious consideration, and the following points are provided in support of our request;

 

·   The community of South Penrith and Orchard Hills / Caddens, will have improved vehicular amenity and pedestrian access and restore community connectivity.

·   Pedestrian access to the Penrith Christian School and Church will be improved and reduce car dependence from Penrith and South Penrith as a result of a signalised pedestrian crossing. Furthermore access to public transport services / bus stops will be improved via the signalisation as the corridor will provide a much needed express service to the new airport.

·   The current proposed signalised seagull does not offer any pedestrian or cyclist solution for both The Northern Road or Frogmore / Tukara Roads.

·   The full intersection will provide much needed vehicular access improvements from the new release areas of Caddens and the WELL precinct and compensate for the closure of Castle Road at The Northern Road.

·   A full intersection will control movements from Frogmore Road turning right, to safely merge across three northbound lanes and access the bulky goods precinct on Aspen Street and further on Maxwell Street to the north west. There will be a significant improvement on traffic and safety grounds beyond that presently proposed by a signalised seagull.

That said, it is also noted that there may be direct and undesirable impact on Tukara Road should the intersection become fully signalised.

·   As there is a current east - west demand across this catchment, less travel distance and less merging manoeuvres will occur along The Northern Road, between Frogmore/Tukara and Maxwell Street, resulting in improved State Road efficiencies. Effectively the ‘Dog-Leg’ will be removed and congestion reduced.

·   Furthermore the possibility of providing a dedicated left hand turning lane from Frogmore Road onto the Northern Road at Orchard Hills, in order to reduce the number of vehicles queueing behind right hand turning vehicles at the intersection is to be considered.

·   The reopening of Tukara Road to allow the right turn into The Northern Road will reduce existing pressures on Maxwell Street and The Northern Road, and effectively split traffic patterns from the South Penrith catchment.

 

 

 

 

 

 

 

The Northern Road/Jamison Road

 

The Northern Road Upgrade Stage 3 does not include The Northern Road/Jamison Road intersection at this stage. However, it is proposed to increase the number of lanes along The Northern Road just south of Jamison Road.

 

Comments

 

The need for three traffic lanes north to Jamison Road is clearly evident. Currently Council has developed a concept design for the Jamison Road intersection as part of the Western Sydney Infrastructure Plan (WSIP) under the $200 million Local Roads Package. It is recommended that the RMS should include this intersection as part of The Northern Road Upgrade Stage 3 and should incorporate the Jamison Road upgrade as part of its overall project.

 

Shared-use Path (SUP)

 

The proposed provision of a new shared path improving safety for pedestrians and cyclists also provides an alternative mode of transport. The new shared path is on the western side of the road and a new footpath on the eastern side of the road.

 

Comments

 

Whilst the inclusion of safe infrastructure for cyclists and pedestrians is acknowledged and welcomed, the nature of any cycling facility should meet the needs of the likely future user groups of the facility. The automatic provision of a shared-use path for bike riders is not always appropriate. Consideration should be given to the following points:

 

·   The Northern Road is currently used by long distance and club riders.   As a major transport link to the airport, the road should provide for all modes of transport.   In the case of cycle infrastructure, it should not only provide for the existing users, but also the likely future users, being riders who may choose to commute to/from work in and around the airport precinct.   In this regard, the cycle facility should be continuous and direct, to be attractive to the user. 

·   Intersection crossing treatments should be provided to give the same priority to bike riders as other vehicles.  It should not be expected that bike riders are required to stop and cross at intersections with bicycle crossing lanterns on the same phase as pedestrians. The numerous breaks (26 crossing points on western edge, 15 on the eastern edge) in flow and delays for a long distance bike commuter at each street intersection is not reasonable. A long distance rider will alternatively use the road, rather than ride on a slow, disconnected shared-use path. This particularly applies to the club training cyclists, riding long distances every weekend, often every day.

·   Complimentary on-road and off-road facilities are typically not necessary; a separated continuous on-road facility is preferred in this instance to cater for the likely users.  However, if the discontinuous SUP only is proposed, then on-road lanes should also be included. Improved separation to travel lanes is also preferred for the cycle facility.

·   It is important that RMS consult with the local cycling clubs regarding the nature of the facility and ensure that the design, separation and intersection treatments are supported.

 

WSIP $200M Local Roads Package

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

 

The funding allocation was to undertake scoping works to inform a Round 2 submission for project development and delivery which is to be submitted to RMS in August 2015.  The project scoping studies included the following 9 intersections:

 

1. The Northern Road / Maxwell Street / Bringelly Road

2. Frogmore Road / Tukara Road / The Northern Road

3. Parker Street / Jamison Road

4. Parker Street / Derby Street

5. Great Western Highway / Parker Street

6. Erskine Park Road / Explorers Way

7. Erskine Park Road / Coonawarra Drive

8. Erskine Park Road / Peppertree Drive

9. Erskine Park Road / Bennett Road

 

Through further detailed investigations, consideration has also been given to the associated intersection of Bringelly/Caddens Roads.

 

Council engaged external design consultants to develop project scopes and required cost estimates for each of the above intersection upgrades.

 

Of these projects, the first three listed projects on The Northern Road have now been included in the RMS scope of works of “The Northern Road Upgrade Stage 3”. This is detailed under the heading ‘Memorandum of Understanding’ located below.

 

Accordingly, the following seven intersections are now proposed to be submitted for Round 2 funding;

 

1. Parker Street / Derby Street

2. Great Western Highway / Parker Street

3. Caddens Road / Bringelly Road Roundabout

4. Erskine Park Road / Explorers Way

5. Erskine Park Road / Coonawarra Drive

6. Erskine Park Road / Peppertree Drive

7. Erskine Park Road / Bennett Road

 

In addition, Council has been invited to submit eligible projects to the upcoming Round 2 Local Roads Package. As discussed previously with Council, the following local roads are also considered to meet the funding criteria of the Local Roads Package of the WSIP. Council officers have developed project identification documentation for these projects and have prepared strategic cost estimates to support these additional Round 2 submissions, being:-

 

1.   Caddens Road, Claremont Meadows from the Werrington Arterial to Claremont Meadows Creek

2.   Dunheved Road, Werrington County Stage 1 – Shopping Centre frontage

3.   Dunheved Road, Werrington County Stage 2 – Between Greenbank Drive Intersections

4.   Dunheved Road, Werrington County Stage 3 – Richmond Road to Greenbank Drive

5.   Dunheved Road, Werrington County Stage 4 – Eastern end to Christie Street

These road priorities have been selected on the basis of traffic flow hierarchy for local access to and from a linking major road network to improve the regional traffic flow within the LGA.

Memorandum of Understanding

As indicated above, the RMS scope of works for Stage 3 of the Northern Road Upgrade has been extended. Originally announced as the M4, the northern extent of works has been re-evaluated and the RMS has extended the scope of its investigations through to Jamison Road. This extension north to Jamison Road is very much welcomed as it provides for an opportunity to establish a continuous three lane arterial.

 

Importantly, the extension through to Jamison Road includes three intersections which have been the subject of Council’s investigations; funded through the $200M Local Roads Package. Those three intersections are Tukara Road / Frogmore Road, Bringelly Road / Maxwell Street and Jamison Road. Council is currently finalising the concept design and strategic cost estimates in preparation for funding applications to Round 2 of the Local Roads Package.

 

Given the extension of the RMS project north to Jamison Road, it has been agreed in principle by all parties that the RMS will assume responsibility for the future delivery of The Northern Road Upgrade through to Jamison Road. Council can therefore finalise and share our investigations into the above-mentioned three intersections, however Council will no longer need to pursue funding for the upgrade under Round 2 of the Local Roads Package.

 

To document and clarify these changes, the RMS has drafted a Memorandum of Understanding (MoU) which in brief seeks to establish an understanding that;

·    Council will conclude our investigations and project development activities for the three intersections; being (1) Frogmore and Tukara, (2) Maxwell and Bringelly, and (3) Jamison Road.

·    Council will hand over investigation findings and concept designs to the RMS for all three intersections.

·    RMS will plan and undertake all project development activities for the Northern Road Upgrade Stage 3 up to and including the Jamison Road intersection.

·    RMS will construct The Northern Road Upgrade Stage 3 upto and including the Maxwell/Bringelly intersection.

·    RMS will defer any decision about construction of the remaining 1km section of the Northern Road between Maxwell/Bringelly and Jamison Road until planning is completed.

 

As a matter of course, we will continue to provide support and advocacy to the RMS for the complete delivery of The Northern Road up to and including the Jamison Road intersection.

 

The draft MoU has been referred to Council’s Governance Team which is satisfied with the terms of the document. It is therefore recommended that authority be granted to Council’s Engineering Services Manager to sign the MoU.

 

Conclusion

The RMS has developed an access strategy and preliminary design for The Northern Road Upgrade Stage 3. The improvements and upgrade to this critical arterial road corridor are supported. Our submission to RMS will seek to reinforce Council’s support of the project and highlight a limited number of matters which warrant further consideration.

 

These issues can all be satisfactorily addressed during the detailed design phase. The key issues will be included in Council’s submission to the RMS and Council officers will continue to work with the RMS to ensure that the future upgrade delivers appropriate outcomes for all stakeholders.

 

RECOMMENDATION

That:

1.    The information contained in the report on The Northern Road Upgrade Stage 3 be received.

2.    Council officers, based on the content of the report, finalise a submission to the Roads and Maritime Services by 25 August 2015.

3.    Council give consideration to the Engineering Services Manager to sign the ‘Memorandum of Understanding’ which defines an agreement of the interface between the RMS’ Northern Road Upgrade Stage 3 and Council’s Local Roads Package projects.

 

 

ATTACHMENTS/APPENDICES

1.  

Preliminary design for The Northern Road Upgrade Stage 3

1 Page

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Preliminary design for The Northern Road Upgrade Stage 3

 

PDF Creator


Ordinary Meeting                                                                                              24 August 2015

 

 

 

6

Roads and Maritime Services (RMS) 2015/16 REPAIR Program (Rehabilitation) Road Funding Grant   

 

Compiled by:               Patrick Robles, Accounting Clerk

Authorised by:            Hans Meijer, City Works Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Construct, manage and maintain Council's roads, drains, bridges and paths

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2015/16  REPAIR Program Road Funding Grant. RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.

 

The report recommends that Council accepts the grant offered.

Background

RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.

 

Advice has been received from RMS of the following grant for 2015/16:

 

Regional Road (REPAIR program)

Council can access a 50% contribution for specific works on Regional roads under the REPAIR Program. Penrith City Council’s allocation under this program in recent years has been as follows:

 

2014/15:     $300,000

2013/14:     $404,106

2012/13:     $300,000

2011/12:     $250,000

 

RMS has advised that Council has been successful in achieving the maximum amount of $300,000 in the 2015/16 REPAIR Program. The allocation consists of $300,000 toward the reconstruction of Dunheved Road between The Northern Road and Trinity Drive, Cambridge Gardens.

 

Regional Road Block Grant

The Regional Road Block Grant is made up of three components; Road Component; Supplementary Road Component and Traffic Facilities Component.

 

The RMS has advised that it has undertaken a review of the current administrative arrangements for the Block Grant and REPAIR programs. This review was conducted in the context of recommendations contained in the May 2014 Audit Office report into Regional Road Funding.

 

The final 2015/16 Block Grant allocations are yet to be finalised pending consideration of the recommendations arising from the review. To ensure works are not delayed by this process, an initial Block Grant instalment will be paid ahead of finalising the Regional Block Grant Agreement with Council. The RMS has advised that this initial instalment to Council is in the amount of $277,000.

 

A further report will be submitted to Council on receipt of advice on the finalised Block Grant amounts from the RMS.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2015/16 REPAIR Program (Rehabilitation) Road Funding Grant be received.

2.    Council accept the grant of $300,000, offered under the 2015/16 Roads and Maritime Services REPAIR Program, for the reconstruction of Dunheved Road between The Northern Road and Trinity Drive, Cambridge Gardens.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

7        NSW Boating Now: Funding for Priority Regional Projects in the Regional Boating Plan   33

 

8        Penrith Mayoral Challenge 2015 - Barr and Bass Reserve, Colyton                              36

 

 

 

URGENT

 

19      Tender Reference 15/16-02 for the Refurbishment of Tennis Courts at Woodriff Gardens, Castlereagh Road, Penrith                                                                                             107

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

7

NSW Boating Now: Funding for Priority Regional Projects in the Regional Boating Plan   

 

Compiled by:               Michael Jackson, Design and Projects Manager

Authorised by:            David Burns, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the development of master plans and designs for Council's assets and public domain

      

 

Executive Summary

The purpose of this report is to advise Council of Transport for NSW’s NSW Boating Now  funding offer, which is to deliver the Roads and Maritime Services (RMS) Regional Boating Plan, Priority Regional Projects.  The Hawkesbury, Pittwater and Brisbane Water Regional Boating Plan was developed in 2014 and included input from Council which was based on the adopted Our River master plan. 

 

A total of $5.28 million was allocated to 18 priority projects in this regional plan.  Council has been awarded a portion of that total funding pool towards the following two priority projects:

 

·    Upgrade boat ramp, parking and improve access at Tench Reserve , Penrith

·    Support development of concept designs for eight additional access points to Nepean River.

 

The funding deed for the Tench Reserve project has now been received from Transport for NSW and this report seeks Council endorsement of the acceptance of $800,000 in Transport for NSW funding, and confirmation of the commitment of $150,000 in Council funds.

Background

In a letter dated 23 February 2015, Howard Glenn, General Manager of RMS Maritime Management Centre, advised that Council had been successful in its application for two of the three projects submitted.  This advice built upon last year’s successful application to the RMS Better Boating Program regarding the development of concept designs for the boat ramp and associated improvements, along with the construction of one light water craft launching deck.

 

The original $2.5mil boat ramp project which was applied for consisted of the following:

 

·    Proposed new boat ramp

·    Proposed new kayak launching deck

·    Improvement to the existing parking to provide bus parking

·    Provide new trailer parking

·    Provide more parking for river users & kayakers

 

This project aligns with the Regional Boating Plan by;

 

·    Providing improvement to the condition of key access facilities across the region to meet current and future demand

·    Increasing the capacity and capability of existing access facilities with a particular focus on boat ramps

·    By increasing car parking facilities for recreational boating access to moorings and jetties and increasing car and trailer parking at boat ramps

 

Upgrade boat ramp, parking and improve access at Tench Reserve , Penrith

 

A revised and reduced scope has been developed since the announcement due to only partial funding of $800,000 being made available, and now consists of the following which address two of the known issues of congestion at the boat ramp site without being able to address the more fundamental issue of conflicting uses and users in the very busy boat ramp area.

 

·    Provide new trailer parking

·    Provide additional jetty space

 

The works proposed in this revised scope will form a first stage of the ultimate plan which does address those issues through the creation of a separate powered craft area for launching boats and parking trailers.

 

It is proposed that $150,000 of Council’s District Open Space, Section 94 funds is used to fund associated pedestrian paths and landscaping in the zone around the proposed trailer parking area.

 

 

Support development of concept designs for eight additional access points to Nepean River.

 

The funding deed has not yet been received for the second project that was announced, which was again a much reduced scope for preliminary design work rather than the construction project that was lodged.

 

The additional access point project involves the provision of, at this stage, $30,000 in funding towards the design development of a series of water’s edge decks:

 

·    Projects identified for improving access to water at eight various locations along both sides of the River.

·    Intention of the improvement to access to river is to support more passive use of the river by various river users.

Better Boating Project Status

The boat ramp concept design has been funded under the previous “Better Boating” program and has involved community & stakeholder consultation, along with consultation with the various sections of RMS including the Critical Infrastructure group due to the proximity of the M4 bridge.  The Our River master plan objectives of separating powered and non-powered water craft launching traffic, along with separating the other, primarily pedestrian users of Tench Reserve are well understood, but negotiations were protracted to resolve the competing priorities of all users and the stakeholders.  The future boat ramp location and concept for the surrounding area has now been agreed and the production of detailed design documentation has now commenced.  The new trailer parking area and the additional jetty space will form the first stage of that overall plan.

 

The initial launching deck which was also funded under the “Better Boating” program has been caught in a similar process of conflicting stakeholder interests, however a final location and configuration has now been agreed with the approval authorities and the contract for the detailed design and construction of the launching deck has been awarded.

Financial Services Manager’s Comment

Acceptance of the NSW Boating Now program grant of $800,000 for the works detailed in this report will commit Council to Council funding to the value of $150,000.  This funding is available from the District Open Space Contributions Plan for allocation to this project.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on NSW Boating Now: Funding for Priority Regional Projects in the Regional Boating Plan be received.

2.    Council accept the Transport for NSW grant of $800,000, offered under the NSW Boating Now program and confirm the allocation of matching funding as detailed in the report.

3.    A letter of thanks be sent to the Hon Stuart Ayres MP, State Member for Penrith.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              24 August 2015

 

 

 

8

Penrith Mayoral Challenge 2015 - Barr and Bass Reserve, Colyton   

 

Compiled by:               Lila Kennelly, Community Engagement Officer

Heather Chaffey, Neighbourhood Renewal Coordinator 

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Engage the community in identified priority established areas of the City

      

 

Executive Summary

This report provides Council with an overview of the 2015 Penrith Mayoral Challenge and includes an outline of the design workshop process with students and a concept plan (Attachment 1) for Barr and Bass Reserve, ColytonThe report also provides background information regarding the establishment of the Penrith Mayoral Challenge.

The Penrith Mayoral Challenge is focused on engaging young people in the design and delivery of enhancements to public space in priority Neighbourhood Renewal areas. The project offers young people the opportunity to engage in place making activities, build a range of skills, and participate in civic life through direct engagement with the Mayor and Council’s project management and decision making processes.


Background

In April 2014, Mayor, Councillor Ross Fowler OAM took part in the Cranebrook Youth Leadership Forum at Cranebrook High School hosted by Nepean Community and Neighbourhood Services and Council’s Neighbourhood Renewal Program.

 

The young people participating in the forum spoke eloquently and proudly of their neighbourhood and put forward a range of concerns including the stigma of place, the stigma of growing up in social housing, and the connection between the way public spaces look and feel and how people choose to behave within them.

 

The Mayor challenged the students to choose a public space they would like to enhance and to put together a brief for him regarding the types of enhancements or improvements they would like to see in that space. The students readily accepted this challenge and met with the Mayor in his office less than a week later with their plans. 

 

With encouragement and support, the Cranebrook Youth Leadership Program (Cranebrook High School) made a formal submission to Council’s Operational Plan 2014-15 and spoke to the Ordinary Meeting of Council on 23 June 2014, presenting their ideas for improvements to Callisto Drive Reserve, Cranebrook.

 

The outcomes of this project go far beyond the vastly improved public space which these young leaders have transformed in collaboration with Council. Engagement in this process led to questions about career opportunities in local government, in community service, in politics and social policy development. The young people were encouraged to see themselves as leaders and to challenge dominant negative narratives of young people and of Cranebrook.

 

 

Mayor, Clr Ross Fowler OAM, Councillor John Thain, Cranebrook High School SRC Coordinating Teacher Dani Saxon and Youth Recreation Worker Aldo Trapanese and members of the Indigenous Leadership Group and Student Representative Committee at the launch event on 8 November 2014.

 

 

As a result of the highly successful Callisto Playground Enhancement Project, the Mayor requested that opportunities to replicate this outstanding process of youth civic engagement in other parts of the City be further explored. As a result of this investigation The Penrith Mayoral Challenge has been developed as a pilot project over a three year period. 

 

The Penrith Mayoral Challenge overall objectives include:

 

Providing the opportunity for young people to take leadership on the enhancement of local parks including some decision making opportunities

Engaging young people with civic processes that develop future leadership capacity, confidence, aspiration and connection with the broader community

Supporting young people to plan for the needs of others within their community.

Providing young people the opportunity to develop their capacity for critical thinking and interpersonal skills

Supporting positive stories of young people in Penrith

 

In 2015, the project has focussed on Barr and Bass Reserve in Colyton. Students from Bennett Rd Public School and Colyton High School Trade School have participated in a series of design, budgeting and decision making  workshops, collaborating on the development of a concept plan (Attachment 1) for the renewal of this local park. This workshop process is discussed in some detail below.

 

 

Engagement and Design Process


The Mayor, Councillor Ross Fowler OAM opened the 2015 Penrith Mayoral Challenge in May at Bennett Rd Public School, encouraging the young people to actively participate in designing a park for their community.

 

A total of 25 students have participated in the 2015 Penrith Mayoral Challenge including 20 Yrs 5 & 6 students from Bennett Rd Public School and 5 students from Yr 9 at Colyton High School Trade School. The older students were able to take on a leadership role within the workshops, supporting the younger students with the brainstorming and planning activities. 

 

Over three workshops the students discussed their vision for the park, and planned how they could improve the space for their family friends and community within the budget for the project.

 

 


 

Ali and Luke from Bennett Rd Public School participating in a ball game that asked them to share their impressions of Barr and Bass Reserve as part of the 2015 Penrith Mayoral Challenge Visioning Workshop.

 


Working in small groups the young people brainstormed the elements that make a great park listing: fun, colour, nature, spaces to play and relax, and areas for families to spend time together as priorities.

 

Throughout the workshops the students discussed the importance of engaging their community and planning for the needs of others. The young people also learned more about Local Government and the role Council plays in their neighbourhood. As part of the community engagement process for the park redesign, the students carried out surveys about Barr and Bass Reserve with their family and friends. This feedback from the community supported the students to form their key priorities for the space. 

 

Summary of Key Participant Priorities

 

Drawing on feedback from their community surveys, the students worked together to identify 5 key priorities for the park design to incorporate, these were:

 

1.   Accessible

The park should be an accessible space, and include elements for people of diverse abilities.

 

2.   Family friendly

The park should offer a space for families to spend time together, and include elements that are attractive for people of all ages.

 

3.   Safe

The park should be a safe space and feel welcoming to families, young children as well as older members of the community. 

 

4.   Space to play

The park should offer equipment and space that encourages active play, particularly swinging, sliding and climbing experiences. The park should also include some equipment that is unique to Barr and Bass Reserve.

 

5.   Space to rest

The park should include areas to rest, relax, and enjoy nature. The park should offer places for people to sit and walk.

The 5 priorities summarised the key experiences the students wanted the park to offer, and this in turn supported them to make decisions about the layout of the park, and the type of equipment to be included. In addition to the priorities, the students decided on the colours they wanted to see featured in the park, selecting blue, yellow and green as the primary choices.

 

 


Casey from Colyton High School Trade School, and Rikki, Ali, Tyreshea and Catarina from Bennett Rd Public School discuss the things they want to see in Barr and Bass Reserve.

 

 

Concept Plan

 

During the final workshop, the students worked together in small groups to develop 5 draft concept plans for the Barr and Bass Reserve. Each group was given a map of the park, a series of costed park elements to select from, and a calculator to check the total cost of their design. The students were able to exercise leadership and develop decision making skills in the design process, learning about listening to others, and the importance of building consensus.

 

Each of the plans developed by the students responded to the 5 key priorities. The students made decisions about the layout, colours, and equipment to be included. The groups each presented their design, explaining how their park would offer each of the 5 experiences, and how their design considered the budget.

 

Council’s Landscape Architect selected the common elements from each of the designs to create a consolidated concept plan for Barr and Bass Reserve that includes input from each of the student groups. This plan is included as Attachment 1.

 

The concept plan was returned to the young people for their review and to seek their ‘endorsement’. The students agreed that the plan reflected their collective vision for the space.

Council’s Parks Department will now commence construction of the park, with works expected to be completed in early 2016.

 

Budget Considerations

 

Throughout the workshop process, the students considered the budget, making decisions about which priority elements and features should be included. The students learned about the cost of park equipment, and carefully selected equipment and experiences to suit their community within the $100,000 budget.

 

The students selected the pathway, seating, picnic shelter, multipurpose play unit, and swing as they felt these elements would serve their community well. The unique feature of the park is to be a flying fox.

 

Each of the student designs fell within the budget but the majority of groups also listed a climbing net as a desirable, but unfunded element as it offered a fun experience for a broad range of ages. The Neighbourhood Renewal program has allocated additional funds of $14,000 to the project to accommodate the climbing net in order to realise the full dream of the students for their local park.

 

Conclusion

 

The 2015 Penrith Mayoral Challenge has invited young people from Bennett Rd Public School and Colyton High School Trade School to make important decisions about the renewal of the Barr and Bass Reserve in Colyton, and redesign a space for their community.

 

The design process has allowed young people from Colyton to act as leaders in their community, and learn about place making, budgeting, and collaborative decision making. The resulting design is a direct reflection of the young people’s vision for the reserve.

 

The Penrith Mayoral Challenge will continue to provide young people with place making opportunities in Kingswood and Cambridge Park over the coming years, as well as provide Council with opportunities to further develop its capacity for participatory budgeting and collaborative projects with community. 

 

 

RECOMMENDATION

That the information contained in the report on Penrith Mayoral Challenge 2015 - Barr and Bass Reserve, Colyton be received.

 

ATTACHMENTS/APPENDICES

1.  

Barr & Bass Reserve Concept Plan August 2015

2 Pages

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Barr & Bass Reserve Concept Plan August 2015

 

PDF Creator


 

PDF Creator

 


 

 

 

 

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Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

9        Waste Contracts                                                                                                               47

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

9

Waste Contracts   

 

Compiled by:               Tracy Chalk, Waste and Community Protection Manager

Joshua Romeo, Waste Education Officer

Authorised by:            Wayne Mitchell, Executive Manager - Environment & City Development

Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We care for our environment

Strategy

Support our communities to live more sustainably and use resources wisely

Service Activity

Manage resource recovery and waste collection services

      

 

Executive Summary

This report focuses on the extension of the five current, ten year waste collection contracts (Garbage and Organics Collection, Recyclables Collection Service, Effluent Waste Collection and Disposal, Civic Waste Collection and Disposal Services, and Street Litterbin Waste Collection and Disposal) from their current expiry date on 30 June 2017 to 30 June 2019.  Given the six month notice period and the lengthy time required for a new tender process, it is necessary to make this decision by the end of 2015.

 

The options for collection contract extension were considered at a Councillor Briefing on 3 August 2015, with the option to extend all five collection contracts by two years viewed as preferential.

 

The factors supporting the simultaneous extension of the current five collection contracts have been provided in the report below, incorporating:

 

1.       Continued alignment of all collection contracts

2.       Collection contracts aligned with processing contracts

3.       Review of planning controls

4.       Emerging technology and Innovation in the Industry

 

The report proposes that there would be significant financial and environmental savings to Council and its residents to extend the collection contracts for the maximum two year period. Council’s current rates compare most favourably with market rates. Better value and savings would be anticipated over the extension period in service provision.  The option to extend the existing 5 collection contracts by 2 years maximises cost benefits to Council and the community.

 

Benefits of Extending the Contract

 

1.       Continued alignment of all collection contracts

The start and expiry dates of all current five collections contracts are aligned. 

 


 

 

Description

Current

Supplier

Start Date

Expiry Date

Option to Extend

Estimated pa Value

Garbage and Organics Collection

SITA (now Suez)

7-Oct-07

30-Jun-17

2 yrs

$4.980M

Recyclables Collection Service

Visy

7-Oct-07

30-Jun-17

2 yrs

$1.790M

Effluent Waste Collection and Disposal

Remondis

7-Oct-07

30-Jun-17

2 yrs

$0.265M

Civic Waste Collection and Disposal Services

SITA (now Suez)

7-Oct-07

30-Jun-17

2 yrs

$0.100M

Street Litterbin Waste Collection and Disposal

Remondis

7-Oct-07

30-Jun-17

2 yrs

$0.515M

 

There is a strong preference to maintain this alignment to retain Council’s administration benefits and obtain price and service advantages of bulk procurement from tendering simultaneously. 

 

2.       Collection contracts aligned with processing contracts

The current ten year processing contracts (Treatment and Processing of Organics Garbage and Processing, Treatment and/or Disposal of Garbage) are staggered in their alignment expiring on 1 August 2019 and 2 August 2021 respectively.

 

An extension to the current contracts would provide an opportunity to provide further alignment in the future.  Such alignment may have potential advantage for innovation in collection and processing which would bring further efficiency and savings both financially and environmentally. 

 

As maximising the processing contract is dependent upon collection methods, extending the collection contracts contracts by two years brings collection and processing closer in alignment to allow further innovation and flexibility within service and delivery.

 

3.       Review of planning controls

3.1     Future Development Profile of Penrith

Council’s Penrith Urban Study (Managing Growth to 2031) projected:

-        Population growth of 36% from 172,103 (2006) to 223,631 (2031)

-        Dwellings increasing by 39% from 62,160 to 86,503

-        Approximately 12,000 new dwellings developed within established areas and approximately 13,000 new dwellings developed within new release areas

-        A threefold increase in the development of medium and high density dwellings

These changes to Penrith’s LGA demographic and housing profile will have significant impacts upon the way Council delivers its domestic waste collection services.

 

3.2     Alignment of Planning Instruments and Collection Services

A key element to ensure that waste and recycling services continue to be effectively and efficiently delivered is for Council to develop clearly articulated and comprehensive Waste Management Planning Guidelines that are:

 

-        Reflected in the way waste and recycling are collected

-        Designed to support the emerging development profile

-        Easily understood by developers and their designers

-        Integrated and supported by Council’s planning instruments and processes

-        Well understood by Council officers that assess and approve developments

-        Available for other Government Agencies to communicate Council’s planning expectations; and

-        Clearly articulated to the community.

This work is underway as part of a cooperative approach with neighbouring Councils.

 

4.       Emerging technology and Innovation in the Industry

4.1     Waste and recycling management in multi-unit developments (MUDs)

Currently, MUDs are serviced by multiple 240L bins that cause logistical inefficiencies, collection challenges and unsightly impacts on collection days.  In addressing more effective collection systems, Council is investigating ‘Best Practice’ collection systems that will advise on potential improvements to waste and recyclable collection systems.  An example of a system being reviewed is a centralised vacuum collection system servicing a group of MUDs and allowing large vehicle collection to be at the periphery of the developments.

 

4.2     Piloting collections for multi-unit developments

The proposed two year extension will allow sufficient time for the provision of smaller collection vehicles be negotiated with Council’s current waste collection contractors.  This will enable the service issues currently being experienced by MUDs (including Thornton Estate) to be rectified.  An increased payback period in lieu of a two year period would represent better value for money for Council and in turn its residents, allowing for up to a 40 month amortisation period for any proposed additional plant purchases. 

 

4.3     Contractual improvements and modifications

The proposed two year extension of the collection contracts would enable the incorporation of a wide array of improvements in future contracts including:

 

-        Approaches to improve ‘real-time’ information technology interfaces with collection contractors

-        Separate recycling collection and processing contract

-        Investigate separate bulky waste collection and processing contracts

-        Improvements in service flexibility, such as truck fleets, to respond to changing urban environment

 

4.4     New market entrants

Extending the contracts by the proposed two years would facilitate an improved response to Council’s tendering process.  In addition to the current contractors operating in the market, it is expected new market entrants will emerge and be better positioned to respond to the collection tender offered by Council. 

 

Conclusion

Council’s Waste team has a positive working relationship with the nominated waste contract providers with proven methods of management and resolution. Officers are satisfied with the performance of all contracts and the value of the resource recovery field team working with bin collection services is also established. It is anticipated that such good will would continue to grow further into the contract extension period.

 

It is recommended that the current five waste collection contracts (Garbage and Organics Collection, Recyclables Collection Service, Effluent Waste Collection and Disposal, Civic Waste Collection and Disposal Services, and Street Litterbin Waste Collection and Disposal) be extended by the maximum two year period provided in the contracts.

 

The two year extension will allow for benefits including pricing advantage, potential administrative benefits, service advantages in responsiveness, reporting, service flexibility, fleet flexibility and innovation. This will also provide the greatest opportunity for Council to ensure waste collection and processing in the Penrith LGA is at the forefront of technology to best meet the changing needs of residents.  The option to extend the existing 5 collection contracts by 2 years maximises cost benefits to Council and the community.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Waste Contracts be received.

2.    The Waste & Community Protection Manager be authorised to negotiate and execute Garbage and Organics Collection, Recyclables Collection Service, Effluent Waste Collection and Disposal, Civic Waste Collection and Disposal Services, and Street Litterbin Waste Collection and Disposal contracts due to expire on 30 June 2017, to be extended to June 2019.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

10      Community Assistance Program Planned Component 2015-16                                     53

 

11      Licence Agreement  - Nepean District Tennis Association's Use of Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex                                                                                 62

 

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

10

Community Assistance Program Planned Component 2015-16   

 

Compiled by:               Sonia Dalitz, Social Planner

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Resource and implement social programs that contribute to community wellbeing

      

 

Executive Summary

This report informs Council of the applications received in the 2015/16 Planned Component of the Community Assistance Program (CAP).

 

Council has an annual Community Assistance Program through which small grants are allocated to non-profit organisations and community groups to meet local community needs. The maximum grant available under the program is $1,200. The available budget is $30,000.

 

With this CAP Planned Component round, for the first time eligible applications have been given a ranking of high, medium or low.

 

A total of 67 applications requesting a total of $73, 265 were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. Of these, 35 have been recommended with a high ranking for either full or part funding as outlined in Table 2 of this report. The total amount recommended for the 35 applications with a high ranking is $30,136. It is proposed that the shortfall of $136 be taken from the rolling component of the Community Assistance Program.

 

Of the remaining 32 applications, 13 applications still met the assessment criteria and have been assigned a medium ranking. The total amount recommended for either full or part funding of these 13 applications is $9,990. A rationale against the assessment criteria for the 13 medium, 13 low and 6 ineligible applications is provided at Attachment 1. 

 

The report recommends that the information contained in the Community Assistance Program Planned Component 2015-16 report be received and that Council approve funding the highly ranked applications and amounts totalling $30,136 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $136 allocated from the Rolling Component of the 2015/2016 Community Assistance Program.

 

Background

The Community Assistance Program is in its twenty-first year of providing local community organisations and groups the opportunity to apply for small grants to support their service delivery to residents of the City. In many cases the requests for funding enable local groups to extend and add value to core activities. A number of the groups that apply are made up of volunteers and receive no other government funding. Some groups would also not be able to access small grant funding from any other source.

 

There are two components of the Community Assistance Program. These are the Planned Component and the Rolling Component.

 

The Planned Component of the program is undertaken once a year. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of Community Assistance Program funds ($30,000) are allocated under the Planned Component.

 

Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program.

 

All Planned and Rolling Component applications are assessed against the eligibility and assessment criteria as outlined in the Community Assistance Program Policy.

 

Eligibility and Assessment Criteria

There are three eligibility criteria for applications under the Community Assistance Program. All projects must satisfy these criteria to be eligible for funding:

 

·    Community based non-profit organisations providing one off activities

·    Direct benefit to, and participation by, Penrith City residents

·    Project and project management in line with Council’s Access and Equity Principles.

 

Fundraising programs or organisations whose main role is to fundraise are not eligible. Any organisation or group that received funding in the 2014/15 financial year were required to submit to Council a short evaluation form that included project outcomes.

 

All CAP applications are assessed for priority against the assessment criteria adopted by Council as part of the CAP Policy. Recommendations for funding are made according to the assessment criteria listed below:

 

·    Whether the applicant for the community assistance receives significant Government funding, and whether the application is seen as a core responsibility of a Government funded program;

·    The size of the organisation or group, and its capacity to access alternative resources;

·    The possibility of access to other sources of funding for the request; 

·    The willingness of the applicant to work collaboratively with residents and other community groups;

·    The level of participation and direct benefit for residents of Penrith LGA;

·    Whether the proposal addresses the priority needs and issues of Penrith LGA residents, as identified through social planning processes;        

·    Whether the proposal is realistic;

·    The cost effectiveness of the proposal;

·    The beneficiaries of the project, ensuring that funds are distributed to diverse groups right across the Penrith LGA.

 

The panel for assessing CAP applications comprised:

 

·    Erich Weller, Community and Cultural Development Manager

·    Teresa Luk-Leung, Social Planning Coordinator

·    Sonia Dalitz, Social Planner

 

2015/2016 Planned Component Timeframe

 

The 2015/16 Community Assistance Program Planned Component funding round opened for four weeks commencing on 22 June and closing on 20 July.  The funding round was advertised in the Western Weekender, on Council’s website homepage and was also promoted through a range of local community interagencies and networks. 

 

Community Assistance Program  applicants were required to complete an application form, identifying their project objectives, population target groups, budget and benefits to the local community. Community groups were given the option of utilising an online application facility to apply for Community Assistance Program funding.

 

Planned Component Funding History

 

Council has received 67 applications requesting a total of $73,265.00 for Community Assistance Program funding in the 2015/16 Planned Component. The number of requests for funding is consistently high and amounts requested significantly exceed the available budget which is $30,000.

 

As part of Council’s consideration of the 2014/15 Community Assistance Program Planned Component funding round at the Ordinary meeting on 29 September 2014, Council resolved that additional information be provided about eligible CAP projects. This resulted in an additional $9,000 being provided from voted works to fund an additional 10 projects as part of the 2014/15 CAP Planned Component. This resulted in a total of 47 successful projects being celebrated at the 2014 CAP presentation which also marked the 20th anniversary of the CAP program.

 

Table 1 below presents the funding history of the Planned Component compared to previous financial years.

 

Table 1 – Funding History

 

 

Applications Received

Funding Requests

Funding

Available

Applications Funded

 

2014/15

 

69

 

$77,130

 

$30,000

$9,000 Voted Works

 

 

37

10

 

 

2013/14

 

51

 

$54,714

 

$30,000

 

34

 

 

2012/13

 

56

 

$55,236

 

$30,000

 

37

 

 

2011/12

 

101

 

$111,229.00

 

$30,000

 

44

 

 

Applications with a High Ranking and Recommended for Funding

 

Of the 67 applications received, 35 have been recommended with a high ranking for funding of either all of the requested amount, or an adjusted amount in light of the merit of the project. Where there is a recommendation for part funding, the amount recommended was based on the applicant’s own budget provided and the response they provided to the question on the application form; “If you only got part of the funding you have asked for, would you still be able to go ahead with your project? Which part of the project could change?

 

The total amount recommended for the 35 projects with a high ranking is $30,136. Table 2 below is a summary of all projects with a high ranking that are recommended for funding. Council will note that there are a number of applications recommended for funding from Community Junction Inc.  St Clair Youth and Neighbourhood Team, North St Marys Neighbourhood Centre Inc. and Werrington Community Project Inc. have recently amalgamated to form this new organisation.

 

Table 2 – High Ranking Projects

 

Name of Group

Project Title

Project Description

Area

$

Req-uested

$

Rec-ommen-ded

1

AFFORD

Carer Support Group

To provide social networking opportunities for carers of adults with a disability.

Penrith

1100

500

2

Christ Mission Possible Inc

Food Solutions

To purchase equipment that will support the provision of food to disadvantaged Penrith residents.

Penrith

1200

1000

3

Community Junction Inc

Table Tennis Games and Gazebos

To purchase equipment that will enhance youth drop in and holiday program services.

Werring-ton

767

767

4

Community Junction Inc

Colyton Neighbour-hood Centre Open Day

To contribute towards a community event that will activate the Neighbourhood Centre space.

Colyton

950

950

5

Community Junction Inc

Youth Project Sunny Bin Events

To purchase a music system for youth events.

Penrith

750

750

6

Community Junction Inc

Kids Drama Performance

To purchase resources to help showcase young people's drama skills.

Erskine Park

1012

708

7

Community Junction Inc

Northo Youth Space Launch

To purchase resources for a new youth access, information and referral space.

North St Marys

1200

900

8

Community Junction Inc

REaD with Rooby Day

To support a community literacy awareness event during Children's Week.

North St Marys

1200

700

9

Community of South Sudan and Other Marginalised Areas Association

South Sudanese Service Connect

To hold a showcase of local community service providers for the South Sudanese community living in Penrith.

Penrith

1200

1200

10

Enosis Greek Seniors Group

Enosis Greek Group Christmas Celebration

To hold a cultural celebration lunch for seniors.

St Marys

1200

600

11

Fusion Western Sydney

Fusion Community Art Classes

To establish creative art classes for isolated people seeking community connection.

St Marys

1200

600

12

Kajo-Keji Community and Welfare Association NSW Inc

Kajo-Keji Cultural Night

To hold a cultural celebration for the Kajo- Keji community (from South Sudan).

St Marys

1200

800

13

Kingswood Park Public School P&C Association

Kingswood Park Community Movie Night

To provide a Moonlight Cinema event for the local community.

North Penrith

1200

1200

14

KU Penrith Preschool

120 Year Birthday Celebration Mural

To create an Aboriginal community mural at KU Kingswood preschool.

Kings-wood

1000

1000

15

Madi Ethnic Community Welfare Association

Father's Day Community Celebration

To provide a cultural gathering opportunity for parents and children in the Madi (Uganda/ South Sudan) community.

St Marys

1200

800

16

Mama Lana's Community Foundation

First Aid Course for Volunteers

To provide first aid education for volunteers who interact with residents while delivering services.

Penrith

1080

1080

17

Nepean Community &Neighbourhood Services

Indigenous Young Mums Group

To purchase resources for expecting and parenting young women.

Penrith

720

570

18

Nepean Community &Neighbourhood Services

Cranebrook Youth Hub Drop In

To purchase resources for the Cranebrook youth drop in centre.

Crane-brook

1200

598

19

Nepean Community &Neighbourhood Services

Cultural Connection

To contribute towards the provision of cultural education for Aboriginal children and young people in out of home care.

Penrith

1200

1200

20

Nepean Men's Shed Inc

Safety of Nepean Men's Shed Property

To purchase hardware items that will ensure external security of the workshop space in Orchard Hills.

Nepean

700

700

21

Nepean Migrant Access Inc.

Healthy and Happy

To hold cooking workshops for newly arrived refugees and migrant women.

Penrith

1200

1200

22

Nepean Puffers and Wheezers Lung Support Group

Lung Foundation Seminar and PA system

To enable members to attend a seminar and purchase a P.A. system for use at meetings.

Penrith

1149

670

23

Nepean Valley RSL Day Club

Bus Transport Fuel Assistance

To enable free community bus transport for members to and from weekly meetings.

Penrith

250

250

24

Nordoff-Robbins Music Therapy

Music for Life

To purchase Information Technology equipment for use at community workshops.

Penrith

1185

1185

25

Paying it Forward Homeless Services Inc

Home Sweet Home

To provide furniture items to recently housed homeless clients.

Penrith

1200

1200

26

Penrith Community Kitchen Inc

Community Kitchen Christmas Function

To provide a Christmas celebration cooked lunch and provision of small gift for those in need.

Penrith

1200

1000

27

Penrith Valley Community Care Inc

Community Christmas Carols Fun Day

To contribute towards a community Christmas carols event.

Clare-mont Meadows

1033

634

28

Penrith Women's Health Centre

Healthier Body Happier Life

To provide Tai Chi classes for seniors living with arthritis in semi-rural areas.

Llandilo

1000

1000

29

St Marys Area Community Development Project Inc

St Marys Youth Outreach Project

To purchase recreational equipment that will facilitate engagement with young people.

St Marys

1200

750

30

St Marys Area Community Development Project Inc

Youth Drop In Claremont Meadows

To purchase resources for a newly established youth service.

Clare-mont Meadows

1200

1000

31

SydWest Multicultural Service

New Arrival Seniors Group

To hold workshops to assist newly arrived migrants to learn about Australian traditions.

Penrith

1160

860

32

The Glue Factory

Glue Factory BBQ Van

To purchase a new BBQ that will assist with outreach services and community events.

Penrith

1024

722

33

The Northcott Society

Access for Refugee Children with Disability

To provide activities to improve referral pathways for families from a refugee background.

Penrith

1200

1200

34

The Open Door Community of Christ

Cranebrook Community Garden

To establish a community garden in Cranebrook to grow edible plants and encourage social interaction.

Crane-brook

1199

904

35

Uniting Care Mental Health

Value Your Mind Fun Day

To hold an event that promotes the de-stigmatisation of mental illness.

Nepean

938

938

TOTALS

$37,418

$30,136

 

Ranking of Applications

Of the 67 applications received 35 applications were given a high ranking and these are summarised in Table 2 above. There are 32 applications seeking a total of $35,847 that have been allocated a medium or low ranking or were assessed as ineligible for funding through the 2015/16 Community Assistance Program Planned Component.

 

Of these 32 applications there are 13 that met the assessment criteria and have been allocated a medium ranking. These 13 medium ranked applications total an amount of $9,990 for either full or part funding, and are listed in Attachment 1 to this report.

 

Of the remaining applications, 13 did not sufficiently meet the assessment criteria and have been allocated a low ranking, and six applications did not meet the eligibility criteria.  These are listed in Attachments 2 and 3 respectively.

Summary

Council has received 67 applications, requesting a total of $73,265.00 for Community Assistance Program funding in the 2015/16 Planned Component. The available budget for the CAP Planned Component is $30,000. After careful consideration against the identified assessment criteria, 35 projects totalling $30,136 have been ranked highly and are recommended for funding. It is proposed to take the additional $106 from the available rolling component budget of the Community Assistance Program. An additional 13 projects totalling $9,990 have been given a medium ranking.

 

The high ranking projects that are recommended for funding cover a range of target groups and suburbs across the city, address many different social and related needs, and include a number of city-wide initiatives. A Mayoral Presentation for all successful recipients is planned to be held on 15 September 2015.

 

RECOMMENDATION

That:

1.    The information contained in the report on Community Assistance Program Planned Component 2015-16 be received.

2.    Council approve funding the highly ranked applications and amounts totalling $30,136 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $136 allocated from the Rolling Component of the 2015/2016 Community Assistance Program.

 

 

ATTACHMENTS/APPENDICES

1.  

Medium Ranked Projects

3 Pages

Attachments Included

2.  

Low Ranked Projects

3 Pages

Attachments Included

3.  

Ineligible Projects

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                              24 August 2015

 

 

 

11

Licence Agreement  - Nepean District Tennis Association's Use of Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex   

 

Compiled by:               Christopher Brown, Recreation Facilities & Programs Officer

Authorised by:            Andrew Robinson, Recreation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Manage sport and recreation facilities, programs and services

      

 

Executive Summary

This report identifies that after a period of public notification, in accordance with the requirements of the Local Government Act 1993, no representations were received opposing Council entering into a licence agreement with Nepean District Tennis Association (NDTA) for occupation of the land identified as Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex.

 

This report recommends that the Licence agreement between Penrith City Council and NDTA, and attached to this report, be signed. It also recommends that authority to execute the licence agreement be given to Council’s Recreation Manager.

Background

At Council’s Policy Review Committee meeting on Monday 10 August 2014 a report regarding ‘Lease Arrangements – Nepean District Tennis Association, Penrith Cricket Club, Penrith Rugby Union Football Club’ was presented to Council. One of Council’s resolutions was:

 

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

 

At a Councillor Briefing on 14 November 2014, considerations in relation to terms of a new licence agreement with the NDTA were discussed, and negotiations with NDTA subsequently commenced.

 

Current Situation

Terms of a licence agreement have been agreed between Council Officers and NDTA representatives.

 

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

 

(a)     give public notice of the proposal, and

 

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

 

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

          adjoining the community land, and

 

(d)     give notice of the proposal to any other person, appearing to the council to be the

owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

 

In response to these requirements, the public notification period of the draft licence agreement for use of Lot 4 DP 10151278, Woodriff Gardens Tennis Complex, by Nepean District Tennis Association, commenced on 13 July 2015, as follows:

 

-        A public notice was placed in the Western Weekender

 

-        A public notice was included on Council’s website

 

-        A3 size notices were attached to the entrance signage to the Woodriff Gardens Tennis

          Complex, as well as within the club house

 

-        396 letters were sent to neighbouring residences and businesses.

 

The information provided in the public notification communication included identification of the community land concerned, the purpose for which the land will be used under the proposed licence, the term of the proposed licence, the name of the person to whom it is proposed to grant licence, and a statement that submissions in writing may be made to the Council concerning the proposal within a period not less than 28 days, specified in the notice.

 

The public notification period concluded on 14 August 2015 and one submission, from Sydney Water, was received. Sydney Water outlined no objection to the proposal.

 

Senior Legal Officer’s Comment

The process to enter into a licence agreement for use of Lot 4 DP 10151278, Woodriff Gardens Tennis Complex, with Nepean District Tennis Association is consistent with the requirements of the Local Government Act 1993.

 

Conclusion

Given there are no objections, it is recommended that Council execute the licence agreement for use of Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex, by Nepean District Tennis Association and that Council’s Recreation Manager be authorised to do this.

 

Throughout the duration of the licence agreement Council Officers will engage and work with Nepean District Tennis Association to ensure that the terms of the agreement are fulfilled in the appropriate manner.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Licence Agreement  - Nepean District Tennis Association's Use of Lot 4 D.P. 10151278, Woodriff Gardens Tennis Complex be received.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Woodriff Gardens Licence Agreement

16 Pages

Attachments Included

2.  

Operational and Maintenance Responsibilities - Woodriff Gardens

5 Pages

Attachments Included

3.  

Aerial Map

1 Page

Attachments Included

4.  

Location Plan

1 Page

Attachments Included

   


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

12      Organisational Performance Report - June 2015                                                            67

 

13      Sydney Water Replacement Flows Project - Amendment To Council Lands Affected 74

 

14      Code of Conduct matter concerning Councillor Marcus Cornish                                    78

 

15      Provision of Telecommunication and Data Centre Services                                           81

 

16      Links Road, St Marys Voluntary Planning Agreement                                                    88

 

17      Local Government Conference 2015                                                                              93

 

18      Summary of Investments and Banking for the period 1 July to 31 July 2015                97

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                              24 August 2015

 

 

 

12

Organisational Performance Report - June 2015   

 

Compiled by:               Andrew Moore, Financial Services Manager

Geraldine Brown, Budget Accountant

Allegra Zakis, Corporate Planning Co-ordinator

Samantha Sutherland, Corporate Planning Officer

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program for the six month period of January to June 2015. The report should be read in conjunction with the attached Organisational Performance Report – June 2015, which records our progress in implementing the organisation’s operating and capital projects.

 

At 30 June 2015, 78% of Council’s 283 capital and operating projects were ‘on target’ or ‘completed’. 

 

Strong financial management of Council’s budget has continued throughout the final quarter. After allowing for the proposed adjustments in this report, including allocations to reserve including  seed funding to advance the development of designs for a 1,300 space multi deck carpark in the Penrith CBD ($1,200,000), a surplus of $62,737 for the quarter is proposed and this results in a surplus of $218,408 being predicted as the cumulative result for the year as at 30 June 2015 at this stage. Council’s commitment to strong budgetary controls has ensured that we are in the best available position to meet any unexpected challenges or variations in assumptions as we move forward into the new financial year.

 

This report recommends that the Organisational Performance Report – June 2015 is received, and that the revised budget estimates identified in the report and detailed in the attached Organisational Performance Report – June 2015 be adopted.  A copy of the Organisational Performance Report has been provided separately to Councillors.

Organisational Performance Summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six month period, 1 January 2015 to 30 June 2015. At 30 June 2015, 96% of 124 service activities were on target, 92% of 63 actions, 77% of 175 capital projects and 81% of 108 operating projects were ‘on target’ or ‘completed’.

 


Table 1 provides a performance summary, which overall demonstrates that Council is successfully delivering its services and programs. 

 

 

Table 1

 

As shown in the table above, 5 service activities, 5 actions, 40 capital projects and 21 operating projects have been identified as ‘requiring attention’. Detailed comments, including proposed remedial actions, are outlined in the Exception Report which forms part of the attached Organisational Performance Report – June 2015.

Organisational achievements

Council’s programs and services delivered a number of significant achievements during the past six months. These include:

 

·    The Jamison Park Community Health, Fitness, Sport and Event precinct which has already achieved outstanding results.

·    Council has secured State Government commitment for the expansion of the commuter car park at Penrith Station and for the commencement of planning for the widening of Mulgoa Road.

·    The newly endorsed City-wide LEP have seen a significant increase in the number of large scale development proposals. A diversity of housing types including townhouses and apartments are now being approved and built in Glenmore Park Stage 2, Jordan Springs and Thornton.

·    Gumbirra Children’s Centre took the total of our centres meeting or exceeding the National Quality Standard (NQS) to 81%, which is well above the national average.

·    A Mayoral delegation from Xicheng District, Peoples Republic of China visited Penrith in March 2015 presenting a memorial statue to the citizens of Penrith demonstrating the esteem in which Xicheng holds the relationship with Penrith.

·    Our 2013-14 Annual Report was awarded Silver in the Australasian Reporting Awards. This is the second year in a row our Annual Report has won a Silver Award, reflecting our ongoing commitment to quality reporting to the community.

·    The Joint Regional Planning Panel approved a total of 4 applications for major proposals in accordance with our recommendation, including the Western Sydney Community & Sports Centre (Panthers Precinct), alterations and additions to St Marys Rugby League Club, seniors living housing at Thornton and affordable housing residential flat building at Phillip Street, St Marys.

·    The Gateway Determination to proceed with the deferred Areas LEP was received on 18 May 2015.

Organisational challenges 

The Office of Local Government announced ‘Fit for the Future’ in November 2014, with all councils across NSW to make submissions on seven financial benchmarks by 30th June, 2015.  Fit for the Future is part of the overall reform agenda through which the Office of Local Government is looking to secure local government’s financial sustainability in the long term.  Although not a target for amalgamation, preparing Council’s submission was nonetheless a significant piece of work which drew resources away from the Capacity Review.  Council’s submission demonstrates that we will meet all 7 benchmarks by 2018/19, however acting on the identified improvements to ensure this occurs will be an ongoing challenge for the next few years. 

Three Development Applications generated significant community interest - places of public worship at Kemps Creek (Clifton Avenue and Mamre Road) and a residential flat building at Glenmore Park (Glengarry Drive).  Ensuring that due process was followed in assessing these applications, taking account of public comment (in favour and opposed) while still adhering to the legal framework for applications required a coordinated approach across council. 

Maintaining the current level of service and engagement with the development industry has been a challenge as there has been a significant increase in the number of large-scale proposals lodged since late February coinciding with the commencement of Stage 2 of Council’s City-wide LEP.  The Development Applications service will continue to look at how to deliver the level of service needed by the industry while still protecting the unique nature of Penrith. 

The announcement that the Western Sydney Airport will go ahead has continued to present challenges, as we work to have a more proactive relationship with the relevant Government agencies and key stakeholders to ensure the proposed airport and associated infrastructure bring maximum benefits to Penrith and Western Sydney.

Financial Position Summary

Council delivered a balanced budget in the adoption of the 2014-15 Operational Plan. As previously reported to Council, the predicted year end result as at March 2015 was a surplus of $200,321 with variations in the first three quarters of the year being mainly positive variations to the original budget. The most notable of these included additional rates income ($543,865), additional interest on investments ($450,000), additional DA Income ($259,841) and savings on Contribution to Emergency Services Management ($237,557).These were partly offset by an increase in Council’s subsidy to Penrith Aquatic and Leisure Ltd ($240,000) and Street Lighting ($227,525), and an allocation to commence the implementation of Council’s ICT Strategy initially through telephony upgrades ($200,000). In addition, a total of $1,298,397 was transferred to Reserve in the first nine months of the year to ensure that Council retained the capacity to respond to any variations to budget assumptions, and provide capacity to respond to current and emerging priorities.

 

The predicted cumulative result for the year as at June 2015, after allowing for a number of proposed Reserve allocations is a surplus of $218,408. During the final quarter of 2014-15 the variations to budget continued to be mainly positive including employee cost savings, additional rates income ($402,133), interest on investments ($318,190), Development Related income ($228,522), increased City Works income ($217,047), and savings in both Street Lighting ($413,315) which offset increases experienced in the first nine months of the year and Parks operational expenditure ($345,727).These positive variations were partly offset by additional expenditure on Building Operations ($469,027) and Plant Maintenance ($165,118). The predicted end of year result also proposes allocations be made to the Legal Reserve ($519,877) to reflect both trends and known litigation expenses, seed funding to advance the development of designs for a 1,300 space multi deck carpark in the Penrith CBD ($1,200,000), continued investment in ICT upgrades to drive efficiency and productivity ($400,000) and a further transfer to Reserve ($1,707,000) to ensure that capacity is established for 2015-16 to fund current and emerging priorities.

 

Council’s Long Term Financial Plan (LTFP) has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented over a number of years. Council is committed to ensuring that sufficient provision is made for ELE and therefore as in previous years it is proposed the net remaining salary savings of $356,786, after current year payments, are transferred to the ELE Reserve as part of this review.

 

This review highlights the strengthening financial sustainability that under pinned Council’s recent Fit for the Future submission and has been foreshadowed in the LTFP in recent years. Continued commitment to the strategy endorsed by the Financial Capacity Review and proposed 2016-17 Special Rate Variation (SRV) will continue to reinforce Council’s financial sustainability and Regional City role.

 

In addition to these adjustments a total of $3.8m of revotes are proposed as a result of the June Quarter Review as the works have not been completed in the financial year. Further details on proposed major variations and revotes are provided later in this report with more detail in the attached Organisational Performance Report –June 2015.

 

This report recommends that the revised budget estimates, including revotes, identified in the report and detailed in the attached Organisational Performance Report – June 2015 be adopted.

Financial Position for the June quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating budget projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

Budget Position

 

$000s

Original Budget Position

0

September Quarter Variations

208.4

December Quarter Variations

(4.8)

March Quarter Variations

(3.3)

June Quarter Variations

(44.6)

June Review Variations

62.7

Revised Surplus/(Deficit)

218.4

 

The predicted cumulative result for the year as at June 2015 is a surplus of $218,408 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation) with further details together with all proposed variations, variations with no impact on available funds, revotes, and reserve movements detailed in the attached Organisational Performance Report – June 2015.

 

All actual figures are subject to end-of-year adjustment, audit checking and confirmation. The 2014-15 Financial Statements are currently being completed and will be presented to Council in September 2015 and will include a detailed explanation of Council’s financial position.

 

Net Employee Costs

The delivery of Council’s 44 Services places a high reliance on Council’s workforce and accordingly employee costs are a major component of the annual budget.  Across any year there will also be occasions when there is a delay in filling vacancies and some savings have originated from these occurrences. As has been the experience in the past few years the actual costs relating to the retirement/resignation of long serving staff members has affected the total employee costs budget, however these costs have been offset by savings in other employee costs and total salary savings identified in the first three quarters of 2014-15 totalled $1.1m, which once combined with the provision included in the original 2014-15 budget have resulted net employee cost savings, after end of year balancing, of $356,786  which has been transferred to the Employee Leave Entitlements (ELE) Reserve.

 

Council’s ELE Reserve is used to provide for unusual changes in resignation/retirement payments each year. The number of staff who might leave is difficult to predict, and the budget each year includes funding for average levels of retirements. A detailed review of retirement and resignation projections is carried out as part of developing the draft budget each year to ensure that the Reserve contains adequate funding. Council policy is to maintain an amount of at least 20%, averaged over three years, of leave entitlements (excluding annual leave) in the ELE Reserve.  At the end of 2014-15 including the proposed transfer of $356,786 in this Review, the Reserve will hold $5.7m or the equivalent of 25.98% of entitlements.

 

Superannuation costs for 2014-15 increased by a further $157,985 over the June Quarter. This increase (2%) in superannuation mainly reflects payments for resignations and retirements which have varied to the estimates included in the original budget. Council currently has 115 employees that are members of the Defined Benefits Scheme (DBS) which requires members to contribute a percentage of their salary to superannuation. This percentage is reviewed and varied by the employees on an annual basis each April. Council’s contribution is calculated based on the percentages nominated by employees. An increase in the percentages nominated by employees, in combination with the additional payments on resignation, has resulted in this increase in superannuation costs.

 

Workers Compensation Costs for 2014-15 were $20,000 over budget (3%) and funded from the Workers Compensation Reserve which was established in 2010-11. This reserve is used to manage Council’s involvement in the “Burning Cost” model. Under this model only actual claims costs form part of the premium calculation and balanced over a 4 year period through the reserve. Participation in WorkCover’s Burning Cost Scheme provides additional incentive and reward for improvements in safety and injury management as it delivers significant monetary savings if current claims history is maintained or improved. The Workers Compensation Reserve has a predicted closing balance of $2.3m as at 30 June 2015.

 

Investments Recovered - $1,219,877 F

This variance relates to Council recently settling its dispute with a former investment adviser over advice received in relation to a number of investments prior to the Global Financial Crisis (GFC).  The case involved advice to invest $2m in certain financial products which have failed, and a further $3m in financial products which now have a significantly delayed maturity date. These funds are proposed to be transferred to reserve (Legal $219,877, to cover the legal costs incurred, and Asset $1m) in the June Quarterly Review.

 

Street Lighting - $413,315 F (12%)

Street Lighting Costs were lower than budgeted by $207,000 due in part to a larger than anticipated refund for charges incurred in the change of suppliers at the beginning of the financial year. Further contributing to the variance is The Traffic Route Light Subsidy Scheme payment received from the RMS which was $206,000 greater than budgeted. The subsidy budget is based on historical amounts received and Council has no knowledge or control over the amount to be received each year. Roads and Maritime Services has recently completed a review of eligible street lighting inventory and subsidy payments from 2014-15 are based on the revised inventory.

 

Rates - $402,133 F (0.43%)

Additional rates income is due to more subdivisions occurring ahead of predicted timing in the long-term model, most recently in Jordan Springs resulting in additional income generated in the current year. There were also three properties on postponed rates which have now been developed and the postponed rates and interest charges paid in full.

 

Parks - $345,727 F (10%)

This variance has resulted from a number of Materials & Contractors budgets being saved due to a decrease in reactive maintenance costs and amended work practices with staff now trained in playground softfall repairs delivering the service at a much cheaper rate than contractors. Water costs are also below budget as a result of decreased water usage for the year. Savings have also been achieved in plant hire throughout the year compared to the original budget.

 

Interest on Investments - $318,190 F (24%)

Additional untied interest of $318,190 has been achieved due to the return on Council’s investments exceeding benchmark throughout the final quarter of the year combined with the unrestricted portion of the portfolio being higher than anticipated. Although the cash rate was reduced to 2% in May and had been at record low levels all year, Council’s portfolio earned an average 3.38% due to investments in bank term deposits and floating rate notes that are achieving high returns.

 

Transfer to Reserve - $3,307,000 A

The development of the annual budget each year requires a number of assumptions to be made in relation both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $1,707,000 be transferred to Reserve to provide capacity to respond to these assumptions if needed.  In addition it is proposed to reserve further funds to emerging priorities and advance the development of designs for a 1,300 space multi deck carpark in the Penrith CBD ($1,200,000) and ICT infrastructure upgrades and improvements ($400,000) that were unable to be funded in the original 2015-16 budget.

 

 

Transfer to Legal Reserve - $519,877 A

Additional income of $219,877 from the Investments Recovered has been transferred to the reserve and used to fund additional project expenditure in the June Quarterly Review relating to a number of planning and environment appeals before the courts during the reporting period. A further $300,000 has been allocated to increase the reserve balance for next financial year in line with trends for additional projected expenditure. 

 

Conclusion

This report, and the more detailed Organisational Performance Report – June 2015 demonstrates that Council has made significant progress over the past six months. The

June review indicates that all but five of the services are on track to meet Council’s challenging annual program. The Organisational Performance Report – June 2015 will be placed on Council’s website and can be obtained in hard copy on request.

 

The predicted end of year result is an excellent outcome and reflects the strong financial management of Council despite the challenges in developing the original 2014-15 budget.  The discipline and control Council has shown in the development and monitoring of the 2014-15 Operational Plan has ensured that Council has been able to accommodate priorities as they have emerged during the year, and has also provided capacity to respond to future issues through the proposed allocations to Reserves that can been carried forward to the 2015-16 Operational Plan.

 

 

 

RECOMMENDATION

That:

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

2.    The Organisational Performance Report - June 2015 as at 30 June 2015, including the revised estimates outlined in this report, and detailed in the attached Organisational Performance Report, be adopted.

3.      Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the attached Organisational Performance Report June 2015 for inclusion in the 2015-16 Operational Plan.

 

 

ATTACHMENTS/APPENDICES

1.  

Organisational Performance Report - June 2015

97 Pages

Attachments Included

  


Ordinary Meeting                                                                                              24 August 2015

 

 

 

13

Sydney Water Replacement Flows Project - Amendment To Council Lands Affected   

 

Compiled by:               Colin Cordrey, Property Co-ordinator

Authorised by:            Chris Moulang, Property 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

The purpose of this report is to provide additional information regarding an acquisition of easements over Council land(s) by Sydney Water for its Replacement Flows project pipeline route.

 

At its Ordinary meeting of 23 March 2015 Council resolved to accept compensation and costs offered to Council for the acquisition of easements over Council land(s) by Sydney Water.

 

The plan attached to the report omitted an area of Council land which was also included in that acquisition process. Amended plans, showing the entire area of land over which easements are to be acquired by Sydney Water, are appended to this report.

 

The omitted area is within a narrow strip of road buffer, separated from the land shown in the original report by The Northern and Andrews Roads.

Background

At its Ordinary meeting of 23 March 2015 Council resolved to accept compensation and costs to Council for the acquisition of easements over Council land(s) by Sydney Water for its Replacement Flows project pipeline route.

 

The plan attached to that report omitted a further area of land which was also included in the acquisition by Sydney Water for the Replacement Flows project pipeline route, and is within a narrow strip of road buffer separated from the land originally shown by The Northern and Andrews Roads.

 

Two plans are appended to this report, which show the total amount of land affected by the easements to be acquired by Sydney Water.

 

The land titles affected are:

Lot 199, DP 245610;

Lot 32, DP 247363;

Lot 19, DP 245661;

Lot 259, DP 245691;

Lot 6, DP 262235;

Lot 1673, DP 811688;

Lots 1, 5 & 6, DP 262235; and

Lot 2, DP 785029.

 

Conclusion

At the Ordinary meeting of 23 March 2015 Council resolved to accept compensation and costs to Council from Sydney Water for the acquisition of easements over Council land however there was a narrow strip of Council land that was inadvertently excluded from the original report.

 

We wish to proceed to invoice Sydney Water for compensation and costs to be payable upon registration of the easements on title to Council land for all land effected including the land shown in the attached amendment.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Sydney Water Replacement Flows Project - Amendment To Council Lands Affected be received.

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

3.    Council proceed to invoice Sydney Water for compensation and costs to be payable upon registration of the easements on title to Council land.

 

 

ATTACHMENTS/APPENDICES

1.  

Replacement Flows Plan 1

1 Page

Appendix

2.  

Replacement Flows Plan 2

1 Page

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Replacement Flows Plan 1

 

PDF Creator


Ordinary Meeting                                                                                                            24 August 2015

Appendix 2 - Replacement Flows Plan 2

 

PDF Creator


Ordinary Meeting                                                                                              24 August 2015

 

 

 

14

Code of Conduct matter concerning Councillor Marcus Cornish   

 

Compiled by:               Glenn Schuil, Senior Governance Officer

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

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

      

 

Executive Summary

On 10 December 2014 the General Manager received a complaint in respect of the conduct of Councillor Marcus Cornish at the Council’s Ordinary Meetings on 24 November 2014 and 8 December 2014. Following an investigation of the matter by a Conduct Reviewer, the final investigation report was considered by the Council on 27 July 2015 during Committee of the Whole. At this meeting, the Council resolved to adopt all of the recommendations made by the Conduct Reviewer.

 

On 28 July 2015 the General Manager wrote to Councillor Cornish advising him of Council’s decision of 27 July 2015.  At the time of writing this report, no written response had been received from Councillor Cornish.

 

The Council staff will liaise with a training organisation to provide the training recommended for Clr Cornish.

Background

On 10 December 2014 the General Manager received a complaint in respect of the conduct of Councillor Marcus Cornish at the Council’s Ordinary Meetings on 24 November 2014 and 8 December 2014. The complaint related to Councillor Cornish’s failure to sit when the mayor stood as required by the Council’s Code of Meeting Practice and his behaviour to the Chair and his conduct at the meetings. The Council’s Complaints Coordinator, Stephen Britten referred the complaint to a Conduct Reviewer, Ms Kathy Thane on 19 December 2014. The Conduct Reviewer was selected from the Panel that was adopted by the Council on 25 March 2013.

 

The Investigation Report found that Clr Marcus Cornish breached clauses 6.5 and 6.6 [obligations during meetings] and Clauses 3.3 [treating others with respect], 3.4 and 3.5 [considering issues fairly] and 3.7 [making development decisions properly] of the Council’s Model Code of Conduct, and Clause 1.9 (a) and (b) of the Council’s Code of Meeting Practice [Chair to have precedence].

 

On 27 July 2015 during Committee of the Whole the Council considered a Report titled “Code of Conduct matter concerning Councillor Marcus Cornish”. Following the Council’s consideration of this Report, the Council resolved as follows:

 

 

 

That:

1.    The information contained in the report on Code of Conduct Matter concerning Councillor Marcus Cornish be received.

2.    Council adopt all of the recommendations made by the Investigator within the Final Investigation Report, specifically that:

 

a.  Councillor Cornish be formally censured for the breach under section 440G of the Local Government Act 1993 (“the Act”) at a meeting duly constituted in accordance with section 440G of the Act.

 

b.  Findings of inappropriate conduct by Councillor Cornish at the Council meetings held on 24 November and 8 December 2014 be made public at the next available duly constituted Council meeting.

 

c.  At the next available duly constituted meeting, Councillor Cornish be required to:

 

i. Publically acknowledge the findings of breach of clauses 3.1 (e), 3.3 and 6.7(a), (e), (g) of the Model Code and is also to give an undertaking to Council that he will avoid similar breaches in future.

ii.       Offer an unqualified apology to the Mayor, Council and the Penrith community.

iii.      Give an undertaking that he will not make negative or derogatory comments regarding the complaint, the outcome or the Code of Conduct process publically including to the media.

 

d.  Council engage the Office of Local Government or a suitably qualified and experienced training organisation to design and deliver Code of Conduct training specifically for Councillor Cornish and the breaches in question. Alternatively the training could be designed and delivered in house, should Council have the appropriate staff with the expertise to do so.

 

e.  Councillor Cornish be required to attend and to give an undertaking that he will participate in the subject training.

 

f.   The training to be interactive with practical examples and Councillor Cornish should be required to demonstrate his understanding of appropriate standards of conduct for public officials through a system of questioning and observation by the trainer.

 

g.  The above sanctions be completed within 3 months of the date of this report.

 

Current Position

 

On 28 July 2015 the General Manager wrote to Councillor Cornish advising him of the Council’s decision on 27 July 2015 (as above 1 and 2 (a) – (g)). At the time of writing this report, no written response had been received from Councillor Cornish.

 

In respect of the Council’s resolutions regarding training (recommendations 2 (d-e above) to be developed for Councillor Cornish, Council’s staff are in the process of organising the delivery of this training.

 

In the event that Councillor Cornish does not comply with the sanctions imposed by the Council on 27 July 2015, this would be a breach of Clause 8.10 of the Council’s Model Code of Conduct.  In this instance, if there is not compliance the General Manager is obliged to refer the matter to the Office of Local Government for their consideration and action. 

 

 

RECOMMENDATION

That the information contained in the report on Code of Conduct matter concerning Councillor Marcus Cornish be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              24 August 2015

 

 

 

15

Provision of Telecommunication and Data Centre Services   

 

Compiled by:               Stuart Benzie, Administration Officer - Policy & Communication

Ron Payne, Acting Chief Information Officer

Joel Ulrich, IT Support Officer

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide the information technology infrastructure and support to enable effective and efficient delivery of the organisation's services

      

 

Executive Summary

Council is in the process of implementing a range of initiatives to underpin its ICT Strategy and issued a tender for the procurement of telecommunication and data services on 10 May 2015. The tender was comprised of 8 mainly separable components and closed on 10 June 2015.

 

Details and outcomes of the tender were reported to Council at its Ordinary meeting on 27 July 2015. The Tender Evaluation Committee was not satisfied that the tenders received for components 1, 2, and 3 (Site Data Connectivity Services, Enhanced Network Services and Internet Connections) provided Council with suitable outcomes and recommended that Council decline those tenders. Council subsequently resolved to decline all tenders for those components and enter into negotiations with the leading tenderers being Telstra Corporation and TPG Network.

 

Telstra Corporation and TPG Network were advised of the tender results and invited to negotiate with Council. Both vendors submitted amended proposals for Council’s consideration. The negotiating team assessed the amended proposals.

 

The report recommends that Council enter into a contract with Telstra Corporation for the provision of Site Data Connectivity Services, Enhanced Network Services and Internet Services for a period of 3 years with a 1 + 1 year option in Council’s favour.

Background

During the second half of 2014 Council in conjunction with external consultants, Beyond Technology, developed a new 3 year Information Communications Strategy for the organisation to ensure it has a contemporary ICT platform. The ICT Strategy identified that Council’s current ICT infrastructure and services do not support a contemporary platform.

 

Key elements of the Strategy include:

 

·    Infrastructure Review

·    Move core administrative support services to Cloud technology

·    Faculties to improve Council’s customer services

·    Disaster recovery plans

·    Mobile enablement of Council’s out of office functions, and

·    Move data centre to Cloud

 

Council is now in the process of implementing the ICT Strategy and for this to occur it is essential that Council obtain a modern ICT network. The new network will facilitate communications for a range of functions including day to day operational processes, customer services, telephony and staff training.

 

The Cloud is an important part of the ICT Strategy and requires an efficient, high speed, robust and resilient network. The Cloud simplifies Council’s business processes and provides additional resiliency for business operations.

 

Council’s present hardware is approaching the end of its effective life and analysis shows that utilising Cloud services, as opposed to rebuilding and refurbishing Council’s in house data centre with new services, is significantly more cost effective. As Cloud services by definition are offsite, additional network capacity is required to reach the Cloud facilities and these costs have also been included in the financial analysis relating to the ICT Strategy.

 

In order to obtain the services required to deliver the ICT Strategy, Council issued a tender for the procurement of telecommunication and data services on 10 May 2015. The tender closed on 10 June 2015 and details and outcomes of the tender were reported to Council on 27 July 2015.

 

Tender RFT 14/15-29 Provision of Telecommunication and Data Centre Services

The tender specifications requested the provision of telecommunication and data services across 8 mainly separable components. Council reserved the right to award the 8 components to 1 tenderer or to multiple tenderers. The 8 components of the tender were:

 

1.   Site Data Connectivity Services (including redundant pathways)

2.   Enhanced Network Services (including site interconnection)

3.   Internet Connections

4.   Managed Computer Services (including Cloud services)

5.   Call Switching Services (hosted call services – Skype for Business Telephony)

6.   Mobile Services (including devices, device management and coverage within the Penrith LGA)

7.   POTS Services (traditional fixed line telephone services), and

8.   Other Telecommunication Services (including conferencing, 13, 1300, 1800 numbers etc)

 

The Tender Evaluation Committee consisted of Laura Schuil (Supply Officer – Contracts), Michael Doggett (Supply Co-ordinator), David McIllhatton (Acting Financial Services Manager / Business Systems Coordinator), Andrew Moore (Financial Services Manager), Joel Ulrich (Technical Lead Network Infrastructure), and was chaired by Ron Payne (Acting Chief Information Officer). Stuart Benzie (Administration Officer Policy & Communication) from the Legal & Governance Department was appointed as Probity Adviser to provide ongoing advice on probity matters and to assist the Tender Evaluation Committee in ensuring that all tenders were assessed fairly, uniformly and transparently.

 

Based on the recommendations of the Tender Evaluation Committee, and in accordance with the tendering provisions of the Local Government (General) Regulation 2005, Council resolved at its Ordinary Meeting of 27 July 2015 that:

 

1.     The information contained in the report on Provision of Telecommunication and Data Centre Services be received.

2.     For tender components 1, 2 and 3 (Site Data Connectivity Services, Enhanced Network Services, Internet Connections):

a.   Council decline to accept all tenders as no suitable tenders were received for these components.

b.   Council decline to invite fresh tenders as postponing or cancelling the proposed services is not a feasible option, given that Council’s present hardware and facilities are approaching the end of their effective life.

c.   Council negotiate with tenderers Telstra Corporation and TPG Network to obtain the services required as the Tender Evaluation Committee is of the view that these tenderers are able to provide suitable alternative solutions for the services requested.

d.   A report on the outcomes of the negotiations with Telstra Corporation and TPG Network be provided to Council. 

 

3.     For tender component 4 (Managed Compute Services):

a.   Data#3 Limited be accepted as the preferred tenderer for Managed Compute Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

4.     For tender component 5 (Call Switching Services):

a.   Council decline to accept all tenders as no suitable tenders for this part were received.

b.   Council carry out the requirements of this part of the tender itself.

 

5.     For tender component 6 (Mobile Services):

a.   Telstra Corporation be accepted as the preferred tenderer for Mobile Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

6.     For tender component 7 (POTS Services):

a.   Telstra Corporation be accepted as the preferred tenderer for POTS Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

7.     For tender component 8 (Other Telecommunications Services):

a.   Telstra Corporation be accepted as the preferred tender for Other Telecommunications Services to Council for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

Services not Awarded in the Tender and Recommended for Negotiation

The Tender Evaluation Committee was not satisfied that the tenders received for components 1, 2, and 3 (Site Data Connectivity Services, Enhanced Network Services and Internet Connections) provided Council with suitable outcomes and therefore recommended that Council exercise its option to decline all tenders for those components.

 

It was also recommended that Council enter into negotiations with the leading tenderers for those components, being Telstra Corporation and TPG Network. The recommendations complied with the options available to Council under the tendering provisions of the Local Government (General) Regulation 2005 and were endorsed by Council.

 

Process for Negotiations

Telstra Corporation and TPG Network were advised of the tender results and invited to negotiate with Council. Both tenderers agreed to the negotiations. The Tender Evaluation Committee acted as Council’s negotiating team. 

 

The negotiations were led by Council’s Acting Chief Information Officer who is a suitably qualified and experienced ICT professional with experience in procuring and implementing the relevant ICT infrastructure and services. The negotiations were observed by Council’s Probity Officer for this project, Stuart Benzie (Administration Officer Policy & Communication) from the Legal & Governance Department.

 

No new requirements or specifications were added to those that were included in Council’s original request for tender. However, due to the interdependencies that exist between components 1, 2 and 3 of the tender, and the fact that both companies involved in the negotiations were shortlisted for all 3 components, the negotiation process saw the components merged and assessed as a whole. The interdependencies between these components were detailed in the tender report to Council’s Ordinary meeting on 27 July 2015. 

 

The negotiating team met with both Telstra Corporation and TPG Network separately to discuss the outcomes of the earlier tender process and Council’s requirements for receiving further information and an amended proposal.

 

Based on the results of the earlier tender evaluation, the negotiating team requested Telstra Corporation and TPG Network to provide additional information and in some cases suggest alternative solutions for specific items of the original tender. Both vendors were advised that they did not need to respond to the other areas of the tender that they had already satisfied in their earlier tender responses.

 

As part of the negotiation process, both vendors were provided with opportunities to ask questions of the negotiating team and clarify Council’s technical requirements to assist in preparing their amended proposals. Records of the communications with both vendors were kept. Written proposals from both vendors were finalised by 14 August 2015.

 

Evaluation of Amended Proposals

ICT staff carried out advanced technical assessments of the proposals and prepared essential modelling data to allow the negotiating team to fully evaluate the proposals. The negotiating team then assessed the proposals taking into account:

 

·    Council’s requirements as detailed in the original request for tender document

·    the technical assessments provided by ICT staff

·    the modelling data provided by ICT staff

·    start-up costs

·    ongoing costs

·    consideration of risks, and

·    overall value for money

 

The financial modelling information was further reviewed and confirmed by a representative from Council’s Financial Services Department.

 

Both proposals provided Council with workable solutions for its requirements. However, the negotiating team formed the view that based on the evaluation, the proposal from Telstra Corporation provides Council with the most advantageous and cost effective solution.

 

The TPG Network proposal would require Council to purchase and manage its own services for selected functions. To achieve the same risk profile as the proposal received from Telstra and to make it a comparable offer which meets Council’s needs, this option was modelled and considered.

 

The negotiating team determined that if Council were to accept the TPG Network proposal, it would need to employ additional ICT staff to manage the selected services not delivered by TPG Network. This consideration formed part of the financial modelling and risk analysis. The negotiating team did not prefer this option as it becomes less integrated and less cost effective, when taking into account the segregation of services and additional in-house resources that would be required. It also carries with it a transfer of risk to Council in terms of availability and delivery of technical support, and Council’s ICT Department does not currently hold the expertise or resources necessary to perform all of the functions that would be required.

 

The strengths of the Telstra proposal as opposed to the TPG solution are that it provides Council with:

 

·    a fully managed and monitored, integrated service that satisfies Council’s requirements across all 3 components of the original tender (Site Data Connectivity Services, Enhanced Network Services and Internet Connections)

·    in-house ability to monitor and adjust network bandwidth. This reduces costs by allowing Council to reduce available bandwidth during low demand periods such as on weekends and after hours on weekdays (the bandwidth proposed by TPG is not real time variable).

·    high quality Firewalls across 3 levels for enhanced security (the quality of firewalls was not able to be ascertained from the TPG proposal).

·    a fully managed Wide Area Network (WAN) acceleration to increase performance for all sites (Council would need to purchase and manage additional products for this under the TPG proposal).

·    the management of the network is supported by agreed and documented service levels (Council would need to employ additional resources under the TPG proposal), and

·    a more cost effective solution.

 

Price modelling comparisons of the 2 proposals are shown below.

 

Vendor

3 Year Estimated Price

5 Year Estimated Price

(3 + 1 + 1 option)

Telstra Corporation

$1,839,674

$2,892,223

TPG Telecom

$2,009,907

$3,230,474

 

This pricing analysis is based on consideration of the additional costs that Council would incur as a result of having to employ further resources and purchase additional products in supplementing the TPG solution to satisfy Council’s requirements and make it comparable with Telstra’s offer.

 

Financial Services Manager’s Comment

These negotiations provide Council with the opportunity to finalise a serious step forward in the implementation of our new ICT Strategy.  In the preparation of recent budgets, Council’s Long Term Financial Plan (LTFP) and our Fit for the Future submission significant focus has been placed on how we cater or our City’s growth and increasing demands and productivity improvements and initiatives have been key in our responses.  The negotiated outcome will provide the capacity for Council to provide the ICT infrastructure to deliver on these challenges, included increase mobility and improved customer contact points.  The 2015-16 Operational Plan and LTFP included increased capacity for investment in ICT and proposed contracts are within the available budget established for ICT.

 

 

Tender Advisory Group (TAG) Comment

This procurement process has been a very complex project. It is acknowledged that Council used it discretion under the tender regulations to decline certain parts of the original tender and enter into negotiations for the requested services. Through this negotiation process strict standards were maintained to ensure that those negotiations followed the structure of the original tender document, was fully documented and overseen by Governance Officer Stuart Benzie. The outcomes have been agreed to by the internal group of senior staff overseeing the delivery of the ICT Strategy. The process in the opinion of the TAG has been fair to all. The TAG recommends that Council adopt the recommendations of the negotiating team. The TAG comments are provided by Chief Governance Officer, Stephen Britten and Governance Officer, Adam Beggs.

 

Conclusion

Council issued a tender for the procurement of telecommunication and data services across 8 mainly separable components on 10 May 2015. The tender closed on 10 June 2015.

 

Details and outcomes of the tender were reported to Council at its Ordinary meeting on 27 July 2015. The Tender Evaluation Committee was not satisfied that the tenders received for components 1, 2, and 3 (Site Data connectivity Services, Enhanced Network Services and Internet Connections) provided Council with suitable outcomes and recommended that Council decline the tenders received for those components. Council subsequently resolved to decline all tenders for those components and enter into negotiations with the leading tenderers being Telstra Corporation and TPG Network.

 

Telstra Corporation and TPG Network were advised of the tender results and invited to negotiate with Council. Both vendors submitted amended proposal for Council’s consideration. The negotiating team formed the view that, based on the evaluation of the proposals, the proposal from Telstra Corporation provides Council with the most advantageous and cost effective solution for the reasons outlined in this report.

 

It is recommended that Council offer the contract for the provision of Site Data Connectivity Services, Enhanced Network Services and Internet Connections, as specified in Council’s earlier request for tender RFT 14/15-29 Provision of Telecommunication and Data Centre Services, to Telstra Corporation.

 

RECOMMENDATION

That:

1.   The information contained in the report on Provision of Telecommunication and Data Centre Services be received.

2.     Council enter into a contract with Telstra Corporation for the provision of Site Data Connectivity Services, Enhanced Network Services and Internet Services for a period of 3 years with a 1 + 1 year option in Council’s favour.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              24 August 2015

 

 

 

16

Links Road, St Marys Voluntary Planning Agreement   

 

Compiled by:               Chris Moulang, Property Development Manager

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate  

 

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 property portfolio

      

 

Executive Summary

The purpose of this report is to seek Council endorsement to commence public notification and finalisation of the Draft Voluntary Planning Agreement between St Marys Land Limited (owned and controlled by Lend Lease Development Pty Limited) and Penrith City Council (Council) known as the “Links Road St Marys Voluntary Planning Agreement” (VPA).

 

The VPA sets the framework for the joint development and subdivision of approximately 15 hectares of fragmented land comprising of a former rail corridor and piecemeal adjoining lands currently owned by St Marys Land Limited (circa 10 hectares) and Council (circa 5 hectares) and delivering a new intersection and road access into the south west of the existing Dunheved industrial estate.

 

Under the VPA the intersection and part of Links Road will be constructed and jointly funded up front.  The delivery of the subdivision works will follow subject to their commercial feasibility and statutory approvals.

 

Under the VPA, Council is responsible for approximately one third of the costs for the proposed part of Links Road which is budgeted at $7.2m (including contingencies) and is responsible for securing the land required for the intersection and road located on Christie Street (which includes part of an Roads and Maritime Services site).  Under the VPA, Council takes 100% of the risk should the costs exceed the $7.2m budget.  

 

Previous assumptions for the project suggested that a modest profit may have been generated from the completion of an industrial subdivision that consolidated the fragmented land. On the basis of latest due diligence and significant site constraints this is now less likely. The subdivision works are unlikely to offset the full cost of the construction of part of Links Road.  If Council accepts its position on the VPA, it will be committing to funding upfront its proportion of the part of Links Rd estimated to be $2.5m. 

 

A further report to Council will be provided once these constraints, costs and income are better understood.

 

Background

The VPA for the Lend Lease Dunheved Employment Precinct provided that Council and Lend Lease would negotiate, in good faith, to enter into an agreement to establish a road from the northern section of the Dunheved Business Park to connect to Christie Street in order to develop the surrounding lands.

 

Council and St Marys Land Limited established a framework for the joint development of both parties land and the further assessment, design, approval, funding and construction of part of the links road.  The location of the road is the route previously identified as the preferred option by Council, being the extension of Links Road through to Christie Street at Lee Holm Road.  See attached plan.

 

Current Situation

Council and St Marys Land Limited have agreed to make all attempts to expedite the construction of part of the Links Road and Christie Street intersection.  Previously it was envisaged that the funding and construction of this Road would occur once revenue from the sale of land within the sub-division reaches an agreed total, however in good faith both parties have now agreed to forward fund this road.  This process will require the execution of a VPA which is subject to a mandatory public notification process.

 

The VPA has been structured to forward fund the part of Links Road.  Subdivision works are envisaged to consolidate the fragmented land which will ultimately provide funding for the road works. The works for the intersection and part Links Road will be constructed and jointly funded up front. The Cost split will be approximately one third Council (34.7%) and two thirds St Marys Land Limited, in line with the land contribution each party is providing to the agreement with a slight adjustment to acknowledge a fair development management contribution for Lend Lease.

 

Upon securing all statutory approvals and the required land for the road, a construction period of around 9 – 12 months would be expected before being opened to the public.

 

Commercial details of the proposed Planning Agreement have been provided in a separate report being presented to the Committee of the Whole in tonight’s meeting.

 

The proposal is for each party to convert their land to a developable state and consolidate the lands in order to create developable industrial parcels.  The proceeds allocated to Council from the sale of those consolidated lands will be used to fund the construction of the road, however are unlikely to offset the full cost of construction. 

 

The lawyers are still finalising the wording of the VPA documents, however the general principles of the VPA are noted below:

 

·    The Link Road intersection and road works will be forward funded and the Links Road works will go ahead regardless of the feasibility of the industrial subdivision development and will commence once all required road reserve land is secured and authority approvals are achieved.

·    St Marys Land Limited cost exposure to the Links Road costs is limited to 65.3% of $7.2 million (including contingency).  Any costs in excess of this are to be borne by Council.  Council’s portion (34.7%) equates to $2,498,400.

·    Should the costs exceed the $7.2m budget, Council has the right to terminate the agreement should it not be willing to pay the excess of the construction costs.  This is only available to Council if it is determined that the budget will be in excess of $7.2m before entering a construction contract.  Further details are provided in the Committee of the Whole Report.

·    The extent of the works are limited to be between Christie Street (at Lee Holm Rd) connecting to the existing Links Road (located to the south east of the Dunheved Golf Course).

·    The responsibility of securing the land for the road will be vested with Council.

·    Either party may elect to not proceed with subdivision works based on review of the viability of the project.

·    Both St Marys Land Limited and Council are to enter into all contracts as joint Principals under a future construction contract.

Notification and Making of Draft planning agreement

The draft planning agreement is required under Section 93G of the Environmental Planning and Assessment Act 1979 to be placed on public notification for a period of at least 28 days.

 

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

 

Links Road Route

The evolution of the road proposal stemmed from a concept plan proposed by Council that identified a preferred connection that was an extension to Links Road and connected to Christie Street at Lee Holm Road.  A study carried out by consultants for St Marys Land Limited also identified this route as the preferred location.  The route selection was carried out when there was not a funding strategy for delivering the link, nor a development proposal for the rail corridor lands.  It also occurred at a time when the rail corridor was still an option for a Transit link to St Marys station.

 

Until the land required for the road can be secured, the VPA cannot be finalised. 

 

Council Property

A total of eight Council owned parcels of land are located within the Dunheved Road Link area which forms part of the VPA.  An industrial sub-division master plan is being formed with St Marys Land Limited and further reports will be presented to Council as to the progress.

 

Financial Services Manager’s Comment

The realisation of the Dunheved Links Road project has been a long held priority of Council and in recent years and has included the acquisition of lands that are vital for the progression of the project. This report proposes entering into a VPA that will enable the extension to be delivered, with the project’s total estimated cost being $7.2m and Council’s share equating to $2.5m.  It is also noted that should the project costs exceed the $7.2m included in the VPA that Council would be exposed to 100% of these additional costs if Council determined to continue with the project.  Capacity currently exists within the Property Development Reserve to forward fund Council’s $2.5m contribution to the total project and it is envisaged that this contribution would be repaid by the future subdivision and sale of lands adjoining the road extension.  Given the recent developments surrounding the constraints on the lands for future sale a revised feasibility is being finalised and will be the subject of a future report prior to the commencement of the project. Should a shortfall in the funding exist following the revised subdivision an alternate funding solution will need to be developed and include in the future report, which may include a contribution from Council’s Property Development Reserve.

 

Conclusion

Council has an objective of creating more jobs and delivering improved access to the Dunheved Business Park.  Delivery of the Links Road extension is achievable under the proposed VPA which will facilitate redevelopment and rejuvenation of the Dunheved Industrial Estate. It will also provide a much needed second entrance/exit to the estate.

 

As the latest due diligence has identified significant site constraints, it is now likely that the subdivision works will not fully offset the cost of the construction for the part of Links Road. A further report will be brought back to Council providing further information on the progress of the matter.

  RECOMMENDATION

That:

1.    The information contained in the report on Links Road, St Marys Voluntary Planning Agreement be received.

2.    Council endorse the principles of the proposed draft voluntary planning agreement for the Dunheved Links Road as outlined in this report.

3.    The draft voluntary planning agreement once finalised by Council’s lawyers for the Dunheved Link Road be placed on public notification for a period of 28 days.

4.    Council authorise the General Manager to finalise and sign the voluntary planning agreement for the Dunheved Link Road following the conclusion of the public notification period.

5.    The Common Seal of the Council of the City of Penrith be affixed to the planning agreement for the Dunheved Link Road developed in accordance with resolutions 2, 3 and 4 above.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Dunheved Link Road Precinct marked up aerial

1 Page

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Dunheved Link Road Precinct marked up aerial

 

PDF Creator


Ordinary Meeting                                                                                              24 August 2015

 

 

 

17

Local Government Conference 2015   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

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

      

 

Executive Summary

On 10 August 2015 Council’s Policy Review Committee considered a Report concerning the Local Government NSW Annual Conference for 2015 which is to be held at Rosehill Gardens Racecourse, Rosehill from 11-13 October 2015.

 

The Council endorsed submitting a motion to the Conference dealing with “Linking Charges to Land”. This motion will be forwarded to Local Government New South Wales (LGNSW) for inclusion as an Agenda motion for the Conference.

 

Subsequent to the Policy Review Committee Meeting the Council’s Advertising Working Party has raised a matter to be considered as a motion to be submitted to the Conference dealing with the requirements for statutory advertising in local newspapers.

 

The Report recommends that the information be received and the motion detailed in the Report concerning the Requirements for Statutory Advertising in Local Newspapers be submitted for inclusion as a motion in the 2015 Local Government Annual Conference Business Paper.

Background

LGNSW will hold its Annual Conference at Rosehill Gardens Racecourse, Rosehill from 11-13 October 2015. At the Council’s Policy Review Committee Meeting held on 10 August 2015 the Council endorsed submitting a motion to the Conference dealing with “Linking Charges to the Land”. Council Officers will be lodging this motion with LGNSW prior to the due date of 24 August 2015.

 

Subsequent to the Policy Review Committee Meeting the Council’s Advertising Working Party has raised a matter that could be considered as a motion to be submitted to the Conference dealing with the requirements for statutory advertising in local newspapers.

 

On 13 October 2014 the Minister for Local Government, the Hon. Paul O’Toole MP introduced into the NSW Parliament the Local Government Amendment (Red Tape Reduction) Bill 2014. The Bill proposes amendments to the Local Government Act 1993 which will reduce regulatory requirements and costs for Councils. One of the proposed amendments was to remove the requirement for Councils to advertise in newspapers by allowing Councils to use broader options, such as the Council’s website to bring the advertised matter to the attention of all potentially interested persons.

 

 

 

 

Current Position

The closing date for motions as advised by LG NSW is 24 August 2015. Council staff have contacted LG NSW who have granted an extension of this date to allow for the submission of tonight’s proposed motion, if endorsed by Council.

On 13 October 2014 the Minister for Local Government, the Hon. Paul O’Toole MP introduced into the NSW Parliament the Local Government Amendment (Red Tape Reduction) Bill 2014. The Bill proposes amendments to the Local Government Act 1993 which will reduce regulatory requirements and costs for Councils. One of the proposed amendments was to remove the requirement for Councils to advertise in newspapers by allowing Councils to use broader options, such as the Council’s website to bring the advertised matter to the attention of all potentially interested persons.


The current requirements with the Local Government Act 1993 require Councils in many instances to advertise statutory notices in a local newspaper. The Local Government Amendment (Red Tape Reduction) Bill 2014 that was proposed but has now lapsed provided for Councils to be able to determine the best way to advertise for their communities.

The Explanatory note to the Bill outlined the following:

“To replace the requirements for local councils and election managers to publish notices and advertisements in newspapers with requirements to publish them on their websites and in such other manner as they consider appropriate.”

The intent of the Bill as indicated in words spoken by the Minister for Local Government, Mr Paul Toole on 14 October 2014 at the second reading was:

“There are a range of circumstances in which the Local Government Act and regulation currently require councils to give notice to their communities or particular sections of their communities by advertising in newspapers. Given the reduced circulation of newspapers and the increased use of other forms of social media and other electronic means of communication, this is no longer an effective way for many councils to communicate or engage with their communities. It is also one that needlessly imposes a significant red tape and cost burden on many councils without necessarily achieving the desired outcome of communicating or engaging with the audience at which the message is targeted.”

Council’s own community survey recently presented to a Policy Review Committee Meeting on 10 August 2015 supports the idea that residents are increasingly receiving their information about Council from online resources and that the use of newspapers as a source of obtaining information is decreasing. At this stage it is not considered that Council would cease all newspaper advertising, however it is considered that the intent of the Bill which would require Councils to publish notices on their website and in such other manner as considered appropriate, appears to be a sensible way forward, allowing Councils to best determine the way to engage with their communities rather than prescribing a requirement to advertise in a newspaper.

Council currently takes a full page advertisement in a local newspaper due to the current requirements in the Act and it is considered that it would be better served in both financial terms and effectiveness in engaging with the community if there was an option to determine the best way to advertise on an individual basis. To date, the proposals relating to advertising in the Bill have not been passed by the Parliament, and it would be timely to request LG NSW to advocate for this again.

Based on the above, it is considered that a motion on this issue would fit within Category 4 of the five Categories determined by LGNSW, titled Governance/Civic Leadership. Council has been advised that any motions must be completed and submitted prior to 24 August 2015 however Council staff have contacted LG NSW who have agreed to extend this date to allow for the submission, if endorsed by the Council, of this motion.

 

 

ISSUE 2 – GOVERNANCE/CIVIC LEADERSHIP

 

Subject:

 

Requirements for Statutory Advertising in Local Newspapers

 

Motion:

 

That Local Government NSW call on the NSW State Government to:

 

1.   Amend the Local Government Act 1993 and the Local Government (General) Regulation to replace the requirements for local councils and election managers to publish notices and advertisements with requirements to publish them on their websites and in such other manner as they consider appropriate.

 

Motion Details:

 

On 13 October 2014 the Minister for Local Government, the Hon. Paul O’Toole MP introduced into the NSW Parliament the Local Government Amendment (Red Tape Reduction) Bill 2014. The Bill proposes amendments to the Local Government Act 1993 which will reduce regulatory requirements and costs for Councils. One of the proposed amendments was to remove the requirement for Councils to advertise in newspapers by allowing Councils to use broader options, such as the Council’s website to bring the advertised matter to the attention of all potentially interested persons.


The current requirements with the Local Government Act 1993 require Councils in many instances to advertise statutory notices in a local newspaper. This requirement imposes a significant cost burden on Councils and does not always achieve the best outcomes for the desired audience. The Local Government Amendment (Red Tape Reduction) Bill 2014 that was proposed but has now lapsed provided for Councils to be able determine the best way to place advertisements for their communities.

Conclusion

It is suggested that the Council submit a motion on the Requirements for Statutory Advertising in Local Newspapers to Local Government NSW in accordance with the information provided in this report.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government Conference 2015 be received.

2.    The motion detailed within the Report be submitted for inclusion in the 2015 Local Government NSW Annual Conference Business Paper.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              24 August 2015

 

 

 

18

Summary of Investments and Banking for the period 1 July to 31 July 2015   

 

Compiled by:               Sue Kane, Financial Services Secretary

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 July 2015 to 31 July 2015 and a reconciliation of invested funds at 31 July 2015.

 

The investment returns for the period are:

•        Council portfolio current yield                             2.92%

•        90 day Bank Bill Swap rate                                 2.15%

•        Floating Rate Notes (return for the period)       3.52%

 

The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.       All investments have been made in accordance with Section 625 of the Local         Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.       Council’s Cash Book and Bank Statements have been reconciled as at 31 July 2015.

 

Vicki O’Kelly

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments and Banking for the period 1 July to 31 July 2015 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 July 2015 to 31 July 2015 be noted and accepted.

3.    The graphical investment analysis as at 31 July 2015 be noted.

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

6 Pages

Appendix

  


Ordinary Meeting                                                                                                            24 August 2015

Appendix 1 - Summary of Investments

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

19      Tender Reference 15/16-02 for the Refurbishment of Tennis Courts at Woodriff Gardens, Castlereagh Road, Penrith                                                                                             107

 

20      Number of legal sex services premises, massage parlours and tattoo parlours in Penrith CBD                                                                                                                                115

 

 

 

 



Ordinary Meeting - Urgent Report                                                                  24 August 2015

 

 

 

19

Tender Reference 15/16-02 for the Refurbishment of Tennis Courts at Woodriff Gardens, Castlereagh Road, Penrith   

 

Compiled by:               Michael Buckpitt, Parks Technical Officer

John Gordon, Parks Manager

Authorised by:            John Gordon, Parks Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage and maintain the City's sports grounds, parks and open space

      

 

Executive Summary

A tender for the Refurbishment of the Tennis Courts Woodriff Gardens, Castlereagh Road, Penrith was advertised on Friday 10 July 2015 in the Western Weekender and Tuesday 14 July 2015 in the Sydney Morning Herald and closed on Wednesday 5 August 2015.

The refurbishment of the fourteen (14) tennis courts aims to ensure that the facilities are contemporary, fit for purpose and meet the needs of the community. The existing court surfacing is synthetic grass and has reached the end of its serviceable life. The new court surface is to be an acrylic cushioned hardcourt or alternatively a non-cushioned hardcourt surface, either which is endorsed by Tennis Australia as a preferred surface type for tournament play and player development.

This report advises Council of the outcome of the tender process, and recommends that the tender from Tuff Turf N Co Pty Ltd be accepted as the successful tender for the refurbishment of the tennis courts at Woodriff Gardens, subject to the completion of a final Corporate Scorecard review.

The report has been presented to Council as an urgent matter to enable the construction works to be undertaken prior to the scheduled commencement of a number of significant tournament events planned for later in the year at the Woodriff Gardens Tennis Complex.

Background

The Nepean District Tennis Association has been investigating options to upgrade the surface of the fourteen (14) tennis courts at Woodriff Gardens from the existing synthetic grass surfacing to a surface that will comply with Tennis Australia’s preferred surface type for tournament play and player development. The most appropriate surfacing to install is an acrylic cushioned or non-cushioned material. Either of these surfaces will allow tournaments to be played on the courts and will increase the level of participation on the courts based on advice provided by Tennis NSW.

Tenderers were invited to submit a tender to remove and dispose of the existing synthetic grass surface material and to install an acrylic cushioned hardcourt surface. Tenderers were asked to provide the price to undertake this work on a series of grouped courts (courts 1 to 4, courts 5 and 6, courts 7 to 10 and courts 11 to 14). The price will include the removal and replacement of the net posts, and if required the application of an asphaltic concrete (AC) course prior to the new surfacing. Tenderers were also asked to provide an alternative cost to install a non-cushioned acrylic surfacing to each group of courts, and were advised that a combination of surface types per group of courts may be considered. An alternative tender to the complying tenders using a different surfacing method was also considered. A geotechnical report was included in the tender document which indicated the structure of the paving below the court surface in specific locations. The condition of the surface under the synthetic grass surface can only be confirmed once it is removed.

Tenderers were required to submit their tender on a standard pro forma sheet, which clearly defined the response required against each of the evaluation criteria.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of: - John Gordon (Parks Manager), Andrew Robinson (Recreation Manager), Michael Buckpitt (Parks Technical Officer), Laura Schuil (Supply Officer – Contracts), Chris Woodland (CEO – Nepean District Tennis Association). The Panel was supported by Adam Renfrey (Places to Play Manager, Tennis NSW) who provided technical advice.

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

Company Information

·    Conflict of Interest

·    Insurance

·    Instrument of Agreement

·    Company Profile

·    Statement of Conformance

Scope of Requirements

·    Demonstrated Ability

·    Technical Requirements

·    Project Completion Times

·    Applicable Standards

·    Critical Assumptions

Cost/Price Category

·    Project Cost

·    Provisional Sums

Business Category

·    Financial Viability

·    Employee Record

·    Business Record

Management and Administration

·    Company Resources

·    Support Systems

·    Quality of Product/Service

·    Work Health & Safety

Summary of Tenders Received

A total of five (5) tenders were received by the closing date of the advertised tender, and are listed below in alphabetical order.

Name

Business Address

Owners/Directors

All Grass Sports Surfaces

 

6 Bundara Close, Mona Vale

Mark Edmondson

Court Craft (Aust) Pty Ltd

 

PO Box 6998, Silverwater BC 1811

Oliver Loughlin

Dynamic Sports Facilities

 

Unit A Sagewick Pl, Moss Vale

Daryl Merchant

Polytan Sti

 

Unit 2 16-18 Resolution Dr, Caringbah

Hayden Gam

Tuff Turf N Co Pty Ltd

 

47 Shearson Cres, Mentone Vic

Travis Knight

Tenderers were requested to complete a Price Schedule for:

·    Total Lump Sum Price for the removal and disposal of the existing synthetic grass surfacing and installation of a cushioned acrylic surfacing.

·    An Alternative Lump Sum Price for the removal and disposal of the existing synthetic grass surfacing and installation of a non-cushioned acrylic surfacing.

·    A further Alternative Lump Sum Price (if the above two (2) Lump Sum Prices are provided forming a Complying Tender).

·    Provisional Items – Tenderers were to list all provisional items with the relevant sum allowed and included in the total lump sum price. Unit rates were to be provided where applicable along with any known provisional quantities.

·    Other – Tenderers were advised that all other applicable cost items not included above should be clearly identified and shown separately.

Lump Sum Price – Cushioned Acrylic Surfacing  

       

Tenderer

Estab

Court Surfacing   

Net Posts  

Other

Total

All Grass Sporting Surfaces     

$500.00       

$377,319.00      

$18,690.00   

$0.00

$396,509.00