Council_Mark_POS_RGB

21 June 2017

 

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 26 June 2017 at 7:30PM.

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

Yours faithfully

 

 

Craig Butler

Acting General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 22 May 2017.

 

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 - 5 June 2017.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 June 2017

 

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


Executive Manager - Community Vicki O’Kelly

General Manager
Alan Stoneham

His Worship the Mayor Councillor John Thain



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Joshua Hoole

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GalleryNorth Ward

 

 

Clr Ross Fowler OAM

South Ward

 

 

Clr Kevin Crameri OAM

North Ward

Clr Karen McKeown

South Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Ben Price

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Executive Managers


 


Oath of Office

 

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Affirmation of Office

 

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016 and Amended April 2017)

 

 

 

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

 

6

 

 

1v

 

 

 

 

4

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

(7.00pm)

23

27#+

 

Policy Review Committee

7.00pm

 

13

13

 

8

 

10

14

11

9

 

11

 

 

 

 

 

 

 

 

 

 

13

 

 

 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 2016-2017 Annual Statements are presented

 

Meeting at which any comments on the 2016-2017 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 Governance Coordinator, Adam Beggs.

 



UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 22 MAY 2017 AT 7:30PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by Governance Coordinator, Adam Beggs.

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

 

LEAVE OF ABSENCE

Leave of Absence was previously requested by Councillor Mark Davies for the 22 May 2017.

 

98  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Ross Fowler OAM that the leave of absence be granted to Councillor Mark Davies for his non-attendance at the meeting.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 1 May 2017

99  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke that the minutes of the Ordinary Meeting of 1 May 2017 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 1 – Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo Applicant: Paul Lemm Planning Consultant;  Owner: ~Coptic Orthodox Church (NSW) Property Trust as he lives nearby the development and stated he would not vote on the matter.

 


 

Notices of Motion

 

1        Policy of not having Kikuyu grass in rural areas                                                          

100  A MOTION was MOVED Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

          That:

1.    As an interim measure council officers contact Developers and NSW National Parks with respect to planting kikuyu grass on sensitive rural areas intersecting National Parks and sensitive areas.

2.    This Policy be investigated for implementation during the next round of DCP amendments.

 

2        Centre line marking on Ninth Avenue                                                                             

101  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that this item be deferred to the Local Traffic Committee and Councillor Kevin Crameri OAM be advised when it will be considered and when it will be brought back to Council.

 

3        Provision of road base - The Northern Road                                                                 

102  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that road base be put on the Northern Road south bound to enable trucks to stop and check their loads and have a break safely, provided officers are able to do the work after clarification from RMS.

 

Reports of Committees

 

1        Report and Recommendations of Access Committee Meeting held on 12 April 2017                                                                                                                                             

103  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 April, 2017 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 1 May 2017                                                                                                                             

104  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 May, 2017 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 8 May 2017.                                                                                                                            

105  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 May, 2017 be adopted.

 


 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo Applicant: Paul Lemm Planning Consultant;  Owner: ~Coptic Orthodox Church (NSW) Property Trust                                                          

106  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies

That:

1.    The information contained in the report on Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo be received.

2.    Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo be approved subject to the following conditions:

2.1       Standard Conditions:

A001 – Approved Plans

A019 – Occupation Certificate

A020 – Use of Building

A029 – Hours of operation and delivery times

A044 – Compliance with NSW Rural Fire Service conditions of consent

A046 – Obtain Construction Certificate before commencement of works

B004 – Dust

B005 – Mud/Soil

B006 – Hours of Work

D001 – Implement approved sediment and erosion controls measures

D005 – No filling without prior approval

D006 – No filling without prior approval

D010 – Appropriate disposal of excavated or other waste

D013 – Approved noise level 1

D014 – Plant and equipment noise

E009 – Annual fire safety-essential safety

E01A – BCA compliance for Class 2-9

G002 – Section 73

G004 – Integral Energy

H001 – Stamped plans and erection of site notice

H002 – All forms of construction

H041 – Hours of work

K101 – Works at no cost to Council

K201 – Infrastructure Bond

K202 – S138 Roads Act

K206 – Construction Certificate for subdivision works

K210 – Stormwater Management

K222 – Access, Car and Manoeuvring

K301 – Sediment & Erosion Control

K302 – Traffic Control Plan

K501 – Penrith City Council clearance

K503 – Works as executed

K504 – Stormwater Compliance

K505 – Restriction as to User and Positive Covenant

K601 – Stormwater Management System operation and maintenance

L008 – Tree Preservation Order

Q01F – Notice of commencement & appointment of PCA2

R101 – Operational Approval prior to use

R102 – OSSM System Type and Disposal Area

R103 – Council inspections for installation

R104 – No alterations without approval

R105 – Plumbing Code of Australia

R108 – Trench Disposal Area

R109 – No effluent runoff

R110 – EMA Signage

R111 – AWTS Servicing

R114 – EMA Turfed

R115 – No structures on EMA

R116 – Diversion of stormwater

R119 – Wastewater and native trees

R125 – Annual Environmental Performance Report

R130 – Reserve area without plan

 

2.2       Special Conditions:

2.2.1    Prior to the issue of a Construction Certificate the design recommendations of the Access Compliance Assessment Report, prepared by Vista Access Architects shall be incorporated into the Construction Certificate plans. The works shall be certified accordingly by a suitably qualified access consultant prior to the issue of an Occupation Certificate.

2.2.2    Prior to the issue of the Construction Certificate, a Construction Noise and Vibration Management Plan is to be prepared and submitted to Council for approval. This assessment is to consider (at minimum) the details of the construction program, construction methods, equipment and vehicles in association with the NSW Department of Environment and Climate Change’s “Interim Construction Noise Guideline” 2009.

The recommendations of the approved Management Plan are to be implemented and adhered to during the construction phase of the development.

2.2.3    A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of an Occupation Certificate. The NMP shall be prepared by suitably qualified persons, and may need to be amended to include any comments provided by Council. The NMP is to:

-     Address all noise related aspects of the development's operational phases, including:

            -  How noise generated during special events and outdoor           festivals will be managed, and
            -  Provide a schedule describing the dates/ timeframes for these events, and expected number of attendees.

-     Address the relevant conditions of this consent; and

-     Recommend any systems/controls to be implemented to minimise the potential for any adverse noise impact(s); and

-     Incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

2.2.4    Twelve (12) months after the issue of the Occupation Certificate, an Acoustic Compliance Report is to be submitted to and approved by Council. The report is to be prepared by a suitably qualified acoustic consultant and is to address, but is not limited to, all noise generating activities on the site, including special events, and the level of compliance with the noise criteria set within the revised acoustic assessment prepared by Envirotech dated 10 March 2017(Ref: REP-394216-B).  It is also to consider the requirements of the NSW Environment Protection Authority’s Industrial Noise Policy, other relevant guideline documents and the conditions of this development consent.

Should the Compliance Report identify any non-compliances, the Report is to provide suitable recommendations for mitigation. Any mitigation works are to be undertaken within thirty (30) days from the date of notice from Council, unless otherwise specified.

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

For

Against

Councillor Kath Presdee

Councillor Kevin Crameri OAM*

Councillor Bernard Bratusa

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Greg Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

Councillor Joshua Hoole

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Ben  Price

 


*Councillor Kevin Crameri OAM previously declared a Non-Pecuniary Conflict of Interest – Less than Significant and indicated he would not vote. However, as he remained in the room he was taken to have voted against the motion in accordance with the Regulations.

 

Outcome 3 - We can get around the City

 

2        Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option                      

107  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Greg Davies

That:

1.    The information contained in the report on Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option be received.

2.    Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 25 May 2017.

3.    Council write to the Local and Federal Members seeking support for the Mulgoa Road/Castlereagh Road Corridor Upgrade and highlighting the important elements of Council’s submission. 

 

Outcome 4 - We have safe, vibrant places

 

3        Vegetation Management to reduce Fire Risk                                                                 

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

That:

1.    The information contained in the report on Vegetation Management to reduce Fire Risk be received.

2.    That Council Officers undertake further discussions with the NSW Rural Fire Service to develop a strategy for the entire local government area, including Londonderry, Llandilo and Mulgoa.

 

4        Tender Reference 16/17-14, Triangle Park Upgrade                                                     

Councillor Karen McKeown requested this matter be referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, on balance, contrary to the public interest.

 

 

Outcome 5 - We care about our environment

 

5        Successful Green Army Projects                                                                                    

109  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that the information contained in the report on Successful Green Army Projects be received.

 

8        Little Creek Catchment Overland Flow Flood Study                                                     

110  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

1.    The information contained in the report on Little Creek Catchment Overland Flow Flood Study be received.

2.    The Little Creek Catchment Overland Flow Flood Study November 2016 be adopted.

3.    The Little Creek Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website.

4.    Council update s149 (2) flood planning notations by including properties identified by the Little Creek Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

5.    Council write to those who made a submission advising of Council’s resolution.

 

6        Appointment of Community and Professional Members to the Resilience Committee                                                                                                                          

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

That:

1.    The information contained in the report on Appointment of Community and Professional Members to the Resilience Committee be received.

2.    The following persons be appointed as community members of Council’s Resilience Committee for the two-year term 2017-2019:

·    Mr Nevin Sweeney

·    Ms Carina Fernandes

·    Ms Helen Ryan

·    Ms Michelle Tormey

 

3.    A letter be forwarded to all community applicants to thank them for submitting an Expression of Interest for appointment to the Resilience Committee.

4.    The following persons be appointed as professional members of the Council’s Resilience Committee for the two-year term 2017-19:

·   Ms Suzanne Dunford

·   Associate Professor Bradley Forssman

·   Dr Teresa Swist

·   Mr Jeremy Spinak

 

7        College, Orth and Werrington Creeks Catchment Overland Flow Flood Study

Councillor Aaron Duke left the meeting, the time being 8:25pm.

Councillor Aaron Duke returned the meeting, the time being 8:27pm.                                        

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

That:

1.    The information contained in the report on College, Orth and Werrington Creeks Catchment Overland Flow Flood Study be received.

2.    The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be adopted.

3.    The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website.

4.    Council update s149 (2) flood planning notations by including properties identified by the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

5.    Council write to those who made a submission advising of Council’s resolution.

 

Outcome 7 - We have confidence in our Council

 

9        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18                                                                                                    

113 RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Kath Presdee

That:                            

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18 be received.

2.     The fees payable to the Mayor and Councillors for 2017-18 be set at the maximum level permitted.

 

11      Organisational Performance and Financial Review - March 2017                               

114 RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Organisational Performance and Financial Review - March 2017 be received.

2.    The Organisational Performance and Financial Review - March 2017 as at 31 March 2017, including the revised estimates outlined in this report and detailed in the Organisational Performance and Financial Review – March 2017 be adopted.     

 

12      Summary of investments & Banking for the period 1 April to 30 April 2017             

115 RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Summary of investments & Banking for the period 1 April to 30 April 2017 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2017 to 30 April 2017 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2017 be noted.

 

10      Update on NSW Government Fire and Emergency Services Levy                             

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

That:

1.    The information contained in the report on Update on NSW Government Fire and Emergency Services Levy be received.

2.    In support of local ratepayers, Council write to the State Government and Local members expressing Council’s disappointment in the handling of the Fire and Emergency Services Levy and specifically the refusal to reduce the levy paid by Local Government despite the State Government reducing its own contribution by 50%, effectively double dipping on Penrith residents.

3.    Council write further to the State Government requesting a review of the decision with respect to the Local Government levy and ask that they levy be brought into line with the same 50% reduction of the State Government.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

UB 1           Request for Leave of Absence   

Councillor Karen McKeown requested a leave of absence from 3 June 2017 to 18 June 2017 inclusive.

117 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

118 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Aaron Duke that Leave of Absence be granted to Councillor Karen McKeown from 3 June 2017 to 18 June 2017 inclusive.

 

RR 1           State Heritage Register      

Councillor Karen McKeown requested that Council write to the Minister for Heritage, Gabrielle Upton and Local Member, Prue Car MP to have Hadley Park and Castlereagh Cemetery listed on the State Heritage Register. Councillor McKeown also requested this item be referred to Councils Heritage Committee for discussion and any further action deemed necessary be undertaken.

 

UB 2           Penrith Regional Gallery and Lewers Bequest     

Councillor Kath Presdee requested that Council write to the PPVA to congratulate the Penrith Regional Gallery and Lewers Bequest on winning the Museums and Galleries National Award for Temporary or Travelling Exhibitions for the Gravity (and Wonder). Council acknowledges that the exhibition was in partnership with the Museum of Applied Arts and with additional collaboration with Western Sydney University. Council supports and encourages such partnerships, and recognises both the cultural and economic benefits of such partnerships to both the area and its residents.             

119 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

120 RESOLVED on the MOTION Councillor Kath Presdee seconded Councillor Aaron Duke that Council write to the PPVA to congratulate the Penrith Regional Gallery and Lewers Bequest on winning the Museums and Galleries National Award for Temporary or Travelling Exhibitions for the Gravity (and Wonder). Council acknowledges that the exhibition was in partnership with the Museum of Applied Arts and with additional collaboration with Western Sydney University. Council supports and encourages such partnerships, and recognises both the cultural and economic benefits of such partnerships to both the area and its residents.

 

RR 2           Intersection lights at Borrowdale and Northern Road  

Councillor Kevin Crameri OAM requested that Council contact RMS to check the timing of the lights at Borrowdale and Northern Road intersection.

 

RR 3           Parking at Oxley Park

Councillor Tricia Hitchen requested a briefing in regards to parking at Oxley Park, specifically in relation to implementing a residential parking system.

 

UB 3           Great Walk Fundraising     

Councillor Greg Davies requested that an amount of $500 from each wards voted works be added to the Great Walk Fundraising. 

121 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

122 RESOLVED on the MOTION Councillor Greg Davies seconded Councillor Ross Fowler OAM that an amount of $500 from each wards voted works be added to the Great Walk Fundraising. 

 

UB 4           Development Application DA17/0141  

Councillor Marcus Cornish requested that the Development Application DA17/0141 for Fit-Out and Use of Existing Buildings for Independent Primary and Secondary School at 57 Henry Street, Penrith be determined under delegated authority after completion of the public exhibition period if the recommendation made is for refusal of the development application. If the recommendation is made for accepting the application, it be reported to the next Ordinary meeting and a public meeting is not required if the development application is refused under delegated authority.

123 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

124 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the Development Application DA17/0141 for Fit-Out and Use of Existing Buildings for Independent Primary and Secondary School at 57 Henry Street, Penrith be determined under delegated authority after completion of the public exhibition period if the recommendation made is for refusal of the development application. If the recommendation is made for accepting the application, it be reported to the next Ordinary meeting and a public meeting is not required if the development application is refused under delegated authority.

 

RR 4           LEP & DCP for Penrith and St Marys Town Centres     

Councillor Marcus Cornish requested that Councillors be briefed on the LEP and DCP for Penrith and St Marys Town Centres with a view to exclude all places of worship and all secondary schools from both DCP’s and LEP’s.

 

RR 5           Council Meeting at St Marys       

Councillor Bernard Bratusa requested that Councillors discuss the possibility of a Council meeting being held at St Marys and a report is prepared for a Councillor Briefing.

 

RR 6           Letter of thanks to Mr Artie and Mrs Jean Willmington

His Worship the Mayor, Councillor John Thain requested that Council write to Mr Artie & Mrs Jean Willmington thanking them on their fundraising efforts at Luddenham Markets for Cancer Council NSW and invite them to an afternoon tea as an appreciation.

 

Councillors Jim Aitken OAM and Marcus Cornish left the meeting, and did not return the time being 9:16pm.

 

Committee of the Whole

 

125 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:14pm.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483)                                                                                                               

 

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        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road                                                                            

 

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        Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals                            

 

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.

 

5        Tender Reference 16/17-14, Triangle Park Upgrade                                                     

 

This matter has been referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, on balance, contrary to the public interest.

 

The meeting resumed at 9:18pm and the General Manager reported that the Committee of the Whole met at 9:14pm on 22 May 2017, the following being present

 

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

 

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        Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483)                                                                                                               

RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa

CW2 That:

1.    The information contained in the report on Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483) be received.

2.    Council grant a Drainage Easement over Lot 2 DP 506881 in accordance with the terms and conditions listed in this report.

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

 

3        Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road                                                                            

RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa

CW3 That:

1.    The information contained in the report on Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road be received

2.    Council provide concurrence for the compulsory acquisition, subject to the rights of appeal under the Land Acquisition (Just Terms Compensation) Act 1991.

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

 

4        Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals                            

RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa

CW4 That:

1.    The information contained in the report on Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals be received

2.    Council provide concurrence for the compulsory acquisition as per the terms and conditions listed in the report and subject to the rights of appeal under the Land Acquisition (Just terms Compensation) Act 1991.

3.    Council approve the lease to Roads and Maritime Services in accordance with the terms and conditions of the report.

4.    Council provide consent to extinguish the existing right of carriageway known as DP1198434.

5.    The common seal of the Council of the City of Penrith be placed on all necessary documentation.

 

5       Tender Reference 16/17-14, Triangle Park Upgrade

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia  Hitchen

CW5 That:

1.      The information contained in the verbal report on Tender Reference 16/17-14, Triangle Park Upgrade be received.

2.      The item be considered in open council.

 

ADOPTION OF Committee of the Whole

 

126 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

4        Tender Reference 16/17-14, Triangle Park Upgrade

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

That:

1.    The information contained in the report on Tender Reference 16/17-14, Triangle Park Upgrade be received.

2.    Community Assets & Infrastructure be awarded the Contract for the Construction of Triangle Park Upgrade, for an amount of $2,846,612 excluding GST.

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

 

There being no further business the Chairperson declared the meeting closed the time being 9:25pm.

 


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        Roger Nethercote                                                                                                               1

 

2        Gold Award for 2015-2016 Annual Report                                                                         2

 

3        2017 Queens Birthday Honours                                                                                         3

 

 

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

Mayoral Minute

Roger Nethercote

           

 

In 2014, Penrith City Council named ’Roger Nethercote Park’ in Caddens in recognition of Roger Nethercote’s dedicated service to the Penrith community.

 

Roger dedicated his professional life to local government and worked for Penrith City Council for 24 years in senior planning roles. During this time, Roger’s passion for making Penrith a better place made a very real impact on our City.

 

Roger brought his expertise and enthusiasm to everything he did and the improvements he made, the strategies he developed and the place management focus he gave our operations have left a lasting impression on how we do things at Council. His legacy to this organisation and our community is deep and will be long lived.

 

I have been advised by Roger’s wife, Jenny that his career as a town planner has now also been recognised by the ACT government. A new estate being developed in the ACT has as its theme, town planners, architects and urban planners who have influenced Australia. Very soon we will see the name ‘Nethercote Street’ appear in this new estate.

 

This is a wonderful honour for the Nethercote family, and is further testament to Roger’s career achievements at Penrith City Council.

 

 

 

Councillor John Thain

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Roger Nethercote be received.

 

 

 


Ordinary Meeting                                                                                                   26 June 2017

 

Mayoral Minute

Gold Award for 2015-2016 Annual Report

           

 

 

It is my pleasure to commend Council’s success at the 2017 Australasian Reporting Awards.

Our Annual Report has again received a prestigious Gold Award, following up a Gold Award for our 2014-15 Report at last year’s awards, and several Silver Awards in previous years.

 

To receive Gold, a report must demonstrate overall excellence and be a model report for other organisations to follow. While reporting is a statutory requirement, our Council works hard to report clearly and transparently to our community on our activities, achievements, challenges and spending, above and beyond what is required.

 

I would like to congratulate the team involved in preparing the Annual Report as well as everyone from right across the organisation who contributed. To provide our community with a full picture of all the services we provide many staff make important contributions.  It’s not easy to pull together and present such diverse information.

 

 

 

Councillor John Thain

Mayor

  

 

 

RECOMMENDATION

That the Mayoral Minute on Gold Award for 2015-2016 Annual Report be received.

 

 

 


Ordinary Meeting                                                                                                   26 June 2017

 

Mayoral Minute

2017 Queens Birthday Honours

           

 

 

It’s my great pleasure to congratulate five local residents recognised in the 2017 Queen’s Birthday Honours List.

 

Elaine Wade OAM of South Penrith received a Medal of the Order of Australia for her service to the Penrith community. Mrs Wade moved to Penrith from the Blue Mountains in 1960. She has been a member of the Penrith RSL Sub-branch since 1975 and is the group’s current vice president and welfare officer. Mrs Wade is also an active member of the Penrith Branch of the Presbyterian Women’s Association, visits residents at several local nursing homes and was recognised in the Penrith Senior’s week awards in 2015.

 

Shirley Gow OAM of St Marys received a Medal of the Order of Australia for her outstanding lifetime contribution to society. Mrs Gow has fostered 41 children over her lifetime – giving a home and love to those less fortunate. She has also been an active member of the community as a member of the Nepean Riverlands Probus Club, Tregear Presbyterian Church and Chifley College.

 

Warren Smith OAM, St Marys Rugby League Club President received a Medal of the Order of Australia for his outstanding service to rugby league. Mr Smith has been President of the club for 27 years and has helped the sporting organisation grow from 14 to 44 teams. As an officer bearer of the club, he helps the community through school sponsorship programs and regular donations to local charities.

 

Allen Cullen OAM of South Penrith received a Medal of the Order of Australia for his service to special needs education. Mr Cullen is the former principal of Kurrambee School and has spent four decades working in special needs schools. While he retired as principal 10 years ago, Mr Cullen is still a teacher at Kurrambee and president of the school’s Little by Little fundraising charity.

 

Vince Graham AM of Penrith, was made a Member of the Order of Australia for his service to public administration in NSW. Mr Graham joined the public service in 1969 as a civil engineer with NSW Railways. Since then he has held various senior and influential roles including, CEO of the State Rail Authority, Managing Director of National Rail Corporation and Chief Executive of RailCorp. Over his career Mr Graham has led important reform of the rail and electricity sectors.

 

On behalf of the community and Council, I thank these residents for their contributions to our community and our state, and congratulate them once again on receiving our nation’s highest honour.

 

Councillor John Thain

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on 2017 Queens Birthday Honours be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 5 June 2017                                                                                                                                              1

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 June, 2017

 

 

 

PRESENT

Deputy Mayor, Councillor Tricia Hitchen, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC, Stephen Page – St Marys Police LAC.

 

IN ATTENDANCE

 

Councillor Marcus Cornish, David Lance – Roads and Maritime Services, Steve Grady – Busways, Nick Veljanovski – Transit Systems NSW, David Zaher – Transit Systems NSW, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Bernie Meier – Signs and Linemarking Officer, Noel Fuller – Ranger & Animal Services Coordinator.

 

Adam Wilkinson – Engineering Services Manager introduced and welcomed Annette Blackwell to the Committee and advised that she will be acting in Kristy Enman’s role as Engineering Services Secretary for 11 months, whilst Kristy is on maternity leave.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown for the period 3 June 2017 to 18 June 2017 inclusive.

 

APOLOGIES

Councillor Aaron Duke (Representative for the Member for Londonderry), Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer, Kevin King – Trainee Engineer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 May 2017

Laura Van Putten of Roads and Maritime Services (RMS) made reference to Item 2 report on “Victoria Street, Werrington – Endorsement of Signage and Line Marking Plan” previously raised at 1 May 2017 LTC meeting, and enquired about the Design Plan being adjusted with regards to the additional painted chevron being provided at the southern end of the median island located at the intersection of Victoria Street and William Street, Werrington. 

 

Graham Green – Senior Traffic Engineer and Adam Wilkinson – Engineering Services Manager advised that the Design Plans were adjusted and the amended plans will be circulated to the RMS.

 

Laura Van Putten of RMS made reference to Item 7 report on “Union Road and Union Lane, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zones” previously raised at 1 May 2017 LTC meeting and advised that it was resolved that Council was to monitor the effectiveness of the signage and queried if this action should have been included in the Recommendations.

 

Adam Wilkinson – Engineering Services Manager advised that monitoring of signage is part of Council’s general practices and Council’s Traffic Engineering Services and Rangers Department continually monitor new and existing signage that are installed.

 

The minutes of the Local Traffic Committee Meeting of 1 May 2017 were confirmed.

 

DECLARATIONS OF INTEREST

NIL

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        O'Connell Street, Caddens - Endorsement of Signage and Line Marking Plan         

David Lance of RMS requested to the Committee that the Give Way sign located to the east of the roundabout as depicted on Caddens Stage 1 CC Design Plan No. 110358/CC37, be amended to a combined ‘Roundabout and Give Way’ sign instead.

RECOMMENDED

That:

1.    The information contained in the report on O'Connell Street, Caddens - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan prepared by J. Wyndham Prince for O’Connell Street, Caddens Stage 1 CC (Plan No. 110358/CC37, Issue B, dated 02/11/16) be endorsed for construction (as shown in Appendix 1) with the amendment that a ‘Roundabout’ ahead sign be installed to the east of the roundabout.

3.    All associated signage and line marking be installed in accordance with Australian Standards and Roads and Maritime Services guidelines.

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

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

 

 

2        Ransley Street, Penrith - Endorsement of Signage and Line Marking Plan               

RECOMMENDED

That:

1.    The information contained in the report on Ransley Street, Penrith - Endorsement of Signage and Line Marking Plan be received.

2.    The signage and line marking plan (Drawing No. C44, Issue E, dated 19/05/17) prepared by Diversi for development plans CC17/0009 & DA15/0504 Multideck Carpark Ransley Street, Penrith be endorsed for construction (as shown in Appendix 1).

3.    All associated signage and line marking be installed in accordance with Australian Standards and Roads and Maritime Services guidelines.

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

5.    Diversi be advised of Council’s resolution.

 

 

3        Werrington Road Roundabout, Werrington - Endorsement of Roundabout, Signage and Line Marking Plan                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Werrington Road Roundabout, Werrington - Endorsement of Roundabout, Signage and Line Marking Plan be received.

2.    The roundabout, signage and line marking plan (Drawing No. 241636-0000-DRG-CC-0240-C, Revision C, dated 16/03/17) prepared by Aurecon for the development in South Werrington Urban Village Precinct, Werrington (Project No. 241636) be endorsed for construction (as shown in Appendix 1) with conditions as specified below.

3.    The proposed painted islands and chevron dimensions are to comply with RMS delineation manual guidelines.

4.    The developer must obtain prior written authorisation from the Roads and Maritime Services prior to any speed zone signage and associated pavement markings being removed or relocated.

5.    All associated signage and line marking be installed in accordance with Australian Standards and Roads and Martine Services guidelines.

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

7.    Aurecon be advised of Council’s resolution.

 

 

4        Acacia Avenue, Glenmore Park - Proposed Speed Control Traffic Facility               

Wayne Mitchell – (Chair) – Executive Manager Environment and City Development clarified to the Committee that the Design Concept Plan presented before the Committee for the proposal for speed cushions and median island, is only a concept plan for the Committee’s consideration. As such, the proposed speed control traffic facility will be placed on Council’s Traffic Works Priority List and when it becomes a priority, a Detailed Design Plan will be developed and all affected residents will be consulted with prior to construction.

RECOMMENDED

That:

1.    The information contained in the report on Acacia Avenue, Glenmore Park - Proposed Speed Control Traffic Facility be received.

2.    A project be entered into Council’s Traffic Facilities Prioritisation Program for the design and construction of appropriate speed control traffic facility on Acacia Avenue, Glenmore Park.

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, as the lead signatory on the petition, be advised of Council’s resolution.

 

 

5        Caddens Road Partial Road Closure, Caddens - Endorsement of Concept Plan and Status                                                                                                                                  

Councillor Marcus Cornish raised with the Committee, the need for effective, permanent barriers to be installed at the western and eastern ends of the road closure on Caddens Road, to prevent vehicles from gaining access and from driving on the proposed shared path.

Deputy Mayor, Councillor Tricia Hitchen raised with the Committee, concerns about poor lighting existing at the eastern bend of the proposed road closure on Caddens Road and requested for the provision of adequate street lighting.

RECOMMENDED

That:

1.    The information contained in the report on Caddens Road Partial Road Closure, Caddens - Endorsement of Concept Plan and Status be received.

2.    Design plan AA001 dated May 2017 be endorsed in principle, with Urbangrowth to finalise the plan to Council’s satisfaction.

3.    The final plan prepared by Urbangrowth for the closure be referred back to the Committee for endorsement of regulatory signage and linemarking.

4.     A Street Lighting Assessment be undertaken at the eastern and western bends of the partial Caddens Road closure, Caddens.

 

 

6        Buyu Road, Glenmore Park - Proposed Intersection Embellishments                      

RECOMMENDATION

That:

1.    The information contained in the report on Buyu Road, Glenmore Park - Proposed Intersection Embellishments be received.

2.    10m of double-barrier linemarking be installed on Buyu Road at the intersection with Wari Avenue (as shown in Appendix 1).

3.    Guide posts be installed on the southern side of the intersection of Buyu Road and Wari Avenue (as shown in Appendix 1).

4.    Adjoining residents and the resident that reported the matter be notified of Council’s decision.

 

 

 

 

 

 

 

 

7        St Marys Spring Festival and Street Parade - Saturday, 2 September 2017              

Stephen Page of St Marys Police LAC advised the Committee that the Police are continuing discussions with the event organiser regarding additional measures that may be considered.

RECOMMENDED

That:

1.    The information contained in the report on St Marys Spring Festival and Street Parade - Saturday, 2 September 2017 be received.

2.    The event applicant be advised that this is a part Class 2 and part Class 4 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to and during the event.

3.    The Traffic Management Plan be approved for St Marys Spring Festival and Street Parade on Saturday, 2 September, 2017 subject to the following conditions:

 

(a)  Approval be given for the temporary closure of the following roads for the event:

Event Closures 7.00am-5.00pm

Queen Street (between Nariel Street and King Street)         

Belar Street (between Queen Street and West Lane)           

Charles Hackett Drive (between Queen Street and Carinya Ave)      

Crana Street (between Queen Street and West Lane)         

West Lane (between Charles Hackett Drive and Crana Street)

Chapel Street (between Queen Street and East Lane)         

Phillip Street (between Queen Street and East Lane)           

 

Parade Marshalling Area Closures  11.00am-1.00pm

Waratah Street (between Kalang Ave and Acacia Ave)                    

Merinda Street (between Kalang Ave and Acacia Ave)                     

Acacia Avenue                                                                                    

Araluen Avenue                                                                                 

 

Parade Closures  12.15pm-1.30pm*

Merinda Street (between Acacia Avenue and Carinya Ave) 

Carinya Avenue (between Merinda Street and Nariel Street)

Nariel Street (between Carinya Avenue and Queen Street) 

Carsons Lane (between Queen St and Carinya Ave)           

Queen Street (between King Street and GWH)                         

  (*opening as required to allow vintage cars exit to GWH)

 

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

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

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

(e)  A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  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 Plan indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

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

(h)  The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs 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 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.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed.

(j)   Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).  The organisers be requested to co‑ordinate advisory signs, as required, with Council’s City Works Manager:

·    for westbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 2 September 2017 (7.00am–5.00pm)”.

·    for eastbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 2 September 2017 (7.00am–5.00pm)”.

The signs are to be placed on the Great Western Highway (on the concrete median and prior to Glossop Street for westbound traffic, and on the northern kerbside for eastbound traffic), approximately 50m from both approaches to Queen Street, at least two weeks before the Festival.

An additional sign is to be placed on Mamre Road for northbound traffic, approximately 50m on the approach to the Great Western Highway indicating “Queen Street from Nariel Street to Great Western Highway will be temporarily closed to vehicular traffic on Saturday 2 September 2017 (7.00am–5.00pm)”.

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

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

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

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

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

 

4.    As a requirement of the RMS “Guide to Traffic and Transport Management for Special Events 2006”, this approval endorsing the Traffic Management Plan is to be considered as Council’s Authorisation to regulate traffic on Council roads.

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

 

 

8        Woodriff Gardens, Penrith - Temporary Car Park                                                         

Councillor Marcus Cornish enquired about the enforcement around the proposed 9P parking restrictions.

Noel Fuller – Ranger and Animal Services Coordinator explained the practices carried out by Council’s Rangers around the enforcement of the 9P parking restrictions.

Adam Wilkinson – Engineering Services Manager advised that the 9P parking restrictions are ideal for this carpark, in order to ensure the most effective use of the carpark.

Deputy Mayor, Councillor Tricia Hitchen made reference to her discussion with Adam Wilkinson – Engineering Services Manager about there being no accessible parking spaces provided in the carpark.

Adam Wilkinson – Engineering Services Manager advised the Committee that due to the complexity and safety issues around people crossing the intersection of Jane Street and Castlereagh Road, Penrith which fronts the temporary carpark, accessible parking spaces have not been provided at this time. Should accessible parking be an issue in the future, Council will review and investigate options for providing accessible parking spaces within the temporary carpark.

 

RECOMMENDED

That:

1.    The information contained in the report on Woodriff Gardens, Penrith - Temporary Car Park be received.

2.    Council endorsed the Woodriff Gardens temporary car park line marking, No Stopping zones, Motor Bike Parking and 9 P timed parking restrictions as shown on Appendix 1.

3.     The length and width of the marked parking spaces comply with the Australian Standards.

4.     Council’s Traffic Engineering Section review the 9P parking restrictions and options for accessible parking over a 12 month period and feedback be provided on the operation and enforcement of this temporary car park, with a report provided to the Local Traffic Committee at a future meeting.

 

9        Ballarat Avenue, St Clair  - Proposed 'No Stopping' Restrictions at Intersection with St Clair Avenue                                                                                                                  

RECOMMENDED

That:

1.    The information contained in the report on Ballarat Avenue, St Clair  - Proposed 'No Stopping' Restrictions at Intersection with St Clair Avenue be received.

2.    Consultation be undertaken with affected residents regarding Council’s intention to install ‘No Stopping’ signage as shown in Appendix 1.

3.    Subject to no substantial objections, ‘No Stopping’ restrictions be installed at the intersection of Ballarat Avenue and St Clair Avenue, St Clair, as shown in Appendix 1.

4.    Councillor Karen McKeown and Councillor Todd Carney be advised of Council’s decision.

 

10      Lee Street and Railway Street, Emu Plains - Adjustment of Parking                          

RECOMMENDED

That:

1.    The information contained in the report on Lee Street and Railway Street, Emu Plains - Adjustment of Parking be received.

2.    The existing signposted “1/4P” timed parking zones on both sides of Lee Street east of Railway Street be removed as shown in Appendix 1.

3.    The existing “1/4P” timed parking on the northern side of Lee Street east of Smith Street be removed as shown in Appendix 1.

4.    The “No Stopping” zone on Railway Street north of Lee Street and the “No Stopping” zone in Lee Street east of Railway Street be adjusted as shown on Appendix 1.

5.    Subject to consultation with affected nearby businesses and there being no substantial objections, the adjustments to signage be implemented in accordance with Appendix 1.

 

11      DEFQON 1 Music Festival - Sydney International Regatta Centre on Saturday, 16 September 2017                                                                                                                 

RECOMMENDED

That:

1.    The information contained in the report on DEFQON 1 Music Festival - Sydney International Regatta Centre on Saturday, 16 September 2017 be received.

2.    The Traffic Management Plan for the DEFQN.1 Music Festival to be held on Saturday, 16 September, 2017 be endorsed, subject to the following conditions:

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

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

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

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

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

·     Old Castlereagh Road at Leland Street from 8.30am to 12.00am;

·     Leland St at Old Castlereagh Road from 8.30pm to 12:00am;

·     McCarthy’s Lane at Castlereagh Road from 8.30pm to 12.00am;

·     Contingency:  closure of Mullins Road between 10.00am and 2.00pm;

·     Temporary “No Stopping” zones in Combewood Avenue and Thornton Drive between 6.00am to 12 midnight;

·     Two temporary “Bus Zones” for the mini-loop shuttle bus on Lugard and Leland Streets between 8.00am and 12 midnight;

·     Temporary “No Stopping” zones adjacent to above temporary Bus Zones on Lugard and Leland Streets, and at the slip lane on the south east corner of Castlereagh Road and Andrews Road, between 8.00am and 12 midnight).

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

 

 

 

 

 

12      Adelaide Street, Oxley Park - Consideration of Marked Parking Spaces                   

Councillor Marcus Cornish advised the Committee of his concerns about implementing marked parking spaces on Adelaide Street, Oxley Park near Oxley Park Public School, as Council may be setting a precedence.

Adam Wilkinson – Engineering Services Manager advised the Committee that from an asset perspective and to prevent setting a precedence, Council has refrained from implementing Marked Parking Bays Scheme around other schools. It was highlighted that Council assesses each case individually and strongly evaluates the merits around implementing proposed traffic measures on local roads.

RECOMMENDED

That:

1.    The information contained in the report on Adelaide Street, Oxley Park - Consideration of Marked Parking Spaces be received.

2.    Council give, in-principle support for marked parking spaces in Adelaide Street, Oxley park between Sydney Street and Perth Street subject to consultation with Oxley Park Public School and affected properties

3.    A further report be prepared for the Local Traffic Committee.

4.    Councillor Hitchen be advised of these recommendations.

 

GENERAL BUSINESS

 

GB 1           Glenmore Parkway, Glenmore Park - Construction, Signage and Linemarking                  

The purpose of this report is to seek endorsement of a construction plan for a median island in Glenmore Parkway and signage and linemarking associated with the redevelopment of the Glenmore Park Town Centre Development. The report recommends that the plan be endorsed.

Background

The Local Traffic Committee at its meeting on 5 September 2016 considered a report on “Glenmore Parkway, Glenmore Park – Proposed Changes Associated with Glenmore Park Town Centre Stage 2 Development”.

The report considered interim and final changes to parking, linemarking and turning movements including a proposed median island treatment on Glenmore Parkway, which is associated with the construction of the Glenmore Park Town Centre Stage 2 Development.

Council, at its Ordinary Meeting on 26 September 2016, resolved on the recommendation of the Committee that (in part):

6.         Prior to completion of construction works associated with the Glenmore Park Town Centre Stage 2 development, a concrete median centre island (approximately 170.0m long x 0.3m high x 0.9m wide) be installed along the site frontage (as shown in Appendix 2 and 3), with detailed design plans to be submitted to Local Traffic Committee for endorsement prior to construction.

 

7.         The two existing Bus Zones, and associated bus shelters, on Glenmore Parkway adjacent to the site shall be relocated by the developer (the western shelter to be relocated approximately 15m to the south, and the eastern shelter approximately 24m to the south), with bus stops/shelters to be designed in accordance with the requirements of the Disability Discrimination Act 2002 (DDA), Disability Standards for Accessible Public Transport (DSAPT) and the Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002 (as shown in Appendix 2).

 

9.         Final regulatory signage and linemarking plans are to be submitted by the developer to Council for approval by the Local Traffic Committee, prior to the issue of an Occupation Certificate for the site.

 

Current Situation

Consequently, the applicant submitted an application under S138 of the Roads Act 1993 for construction of the median island associated with Resolution 6. Subsequently, the Roads Act application was approved on 30 May 2017 subject to conditions.

As such, the construction, signage and linemarking plan has been referred to the Local Traffic Committee for endorsement.

The Committee should also note that due to site constraints and access for emergency vehicles, the median island profile has changes from a 900mm wide, 0.3m high median to a 600mm wide, 0.15m high median.

The final median design and signage and linemarking plan responds to the existing site constraints and access for emergency service vehicles, whilst deterring drivers from making a right turn from the new loading docks associated with the Glenmore Park Town Centre Stage 2 onto Glenmore Parkway.

 

Laura Van Putten of RMS advised the Committee that the advisory speed limit signage should be adjusted to increments of ‘5’. As such, David Drozd- Traffic Engineering Coordinator requested that the advisory speed limit signage depicted on Drawing No. CG140307-TR-DG-7002 dated 25 May 2017 and Drawing No. CG140307-TR-DG-7003 dated 25 May 2017, be amended to 35km/hr and 45km/hr respectively.

RECOMMENDED

          That:

 

1.    The information contained in the report on GB1. Glenmore Parkway, Glenmore Park – Construction, Signage and Linemarking be received. 

2.    The construction, signage and linemarking plan proposed by Cardno, Drawing No. CG140307-TR-DG-7002 dated 25 May 2017 and Drawing No. CG140307-TR-DG-7003 dated 25 May 2017 be endorsed for construction with the amendment to the posted advisory speed limit signage being changed to 35km/hr and 45km/hr requested. 

3.    All costs associated with the installation of the median island and the signage and linemarking be at no cost to Council.

4.    Cardno and Council’s Rangers be advised of Council’s resolution.

 

 

 

 

 

GB 2           North Penrith Railway Station Temporary Commuter Car Park -    Line Marking and Signage          

The purpose of this report is to seek endorsement of a line marking and signage plan associated with North Penrith Railway Station Temporary Commuter Car Park. The report recommends that the line marking and signage plan be endorsed for construction.

Background

Council have installed a temporary car park on the northern side of Penrith Railway station with vehicle access off Dunshea Street, Penrith. The site is on 3 lots of land owned by Landcom at addresses 41, 184 and 192 Lord Sheffield Circuit, Penrith. This temporary car park is to provide for commuter parking needs during the construction of additional decked commuter car parking on the western side of the existing decked commuter car park. The temporary car park site will be redeveloped as a retail and commercial premises upon completion of the additional decked car park.

Current Situation

There are ongoing issues with drivers parking at the approaches to and on the marked foot crossing with runs through the temporary car park and provides an accessible pedestrian  path of travel from the existing decked commuter car park to the railway station. There are also ongoing issues with drivers parking in the temporary car park aisles.

In order to better delineate and control parking at the marked foot crossing and the aisles in the temporary car park it is proposed to install “Park in Marked Bays Only”, “No Stopping” zone, Pedestrian Crossing and “No Entry” signage as shown on Appendix 1.

 

Graham Green – Senior Traffic Engineer advised the Committee that after discussions with Noel Fuller – Ranger & Animal Services Coordinator, it is recommended that the ‘No Stopping’ signs proposed on the aisle ends of the parking rows, be replaced with ‘Park in Marked Bays Only’ signage for more effective enforcement.

RECOMMENDED

          That:

1.     The information contained in the report on North Penrith Railway Station Temporary Commuter Car Park – Line Marking and Signage be received. 

2.     “Park in Marked Bays Only”, “No Stopping” zone, Pedestrian Crossing  and  “No Entry” signage be installed in the Temporary Car Park at Dunshea Street, Penrith as shown on Appendix 1.

3.     The ‘No Stopping’ zone signage proposed at the aisle ends of the parking rows be replaced with ‘Park in Marked Bays Only’ signage.

4.     Council’s Rangers be advised of Council’s resolution.

 

 

 

 

 

 

 

 

 

 

 

GB 3           Station Street, Penrith - Illegal Turning Movements      

Matthew Shirvington of Penrith Police LAC advised the Committee of concerns about instances where vehicles travelling north along Station Street, Penrith are illegally travelling on the opposite side of the road onto oncoming traffic or are mounting and crossing over the existing median island, in order to turn right into Allen Place, Penrith carpark. 

RECOMMENDED

          That:

1.   Council’s Traffic Section investigate the median island on Station Street, Penrith, adjacent to the Allen Place, Penrith Car Park entry and review options to address vehicles mounting and crossing the median island to turn right into Allen Place, Penrith.

 

2.   Matthew Shirvington be advised of the outcome.

 

 

GB 4           Belmore Street, Penrith - Temporary Bus Interchange 

Steve Grady of Busways advised the Committee that the temporary bus interchange operating in the Belmore Street, Penrith Carpark on the western end, adjacent to Penrith Railway Station, is in operation and is currently operating effectively.

RECOMMENDED

          That the Committee note the information.

 

 

GB 5           Belmore Street, Penrith - Temporary Car Park adjacent to State    Building   

Steve Grady of Busways advised the Committee of concerns about vehicles illegally stopping in the ‘No Stopping’ zone on Belmore Street, Penrith during the morning period, waiting to access the unrestricted temporary car park that is located adjacent to the State Building, which opens at 8:00 am. Mr Grady advised that the stopped vehicles are making it difficult for buses to safely pass around them.

Deputy Mayor, Councillor Tricia Hitchen suggested that the existing operations of this car park be reviewed, and a report be referred back to the Local Traffic Committee.

RECOMMENDED

          That:

1.   Council’s Traffic Section investigate the temporary car park located on Belmore Street, Penrith, located adjacent to the State Building and review the current parking restrictions.

 

2.   A report be prepared and brought back to the Local Traffic Committee for consideration.

 

 

 

 

 

 

 

GB 6           Thompson Avenue and Australia Street, St Marys - Concerns       about Parked Vehicles         

Deputy Mayor, Councillor Tricia  Hitchen advised the Committee of concerns raised on behalf of residents about vehicles parking close to the intersection of Australia Street and Thompson Avenue, St Marys. Deputy Mayor, Councillor Tricia Hitchen advised that the parked vehicles are narrowing the carriageway and are obstructing drivers’ sight lines, as well as access for garbage trucks.

Councillor Tricia Hitchen requested that the intersection of Thompson Avenue and Australia Street, St Marys be investigated.

RECOMMENDED

          That:

1.   Council’s Traffic Officers investigate the intersection of Thompson Avenue and Australia Street, St Marys and review options into improving conditions at this intersection.

 

2.   Deputy Mayor, Councillor Tricia Hitchen be advised of the outcome. 

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:05am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 June, 2017 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Sydney Science Park Precinct Plan    Applicant: Celestino Developments SSP Pty Ltd;  Owner: ~Sydney Science Park Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Tender Reference 16/17-11, Erskine Business Park Improvement Project                     7

 

3        Erskine Park Planning Proposal

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                12

 

 

 

Outcome 4 - We have safe, vibrant places

 

4        Tender Reference 16/17-17, Construction of Shared Path along Tench Avenue, Jamisontown                                                                                                                    29

 

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

 

5        Arts NSW - Western Sydney Making Space Program Funding                                      37

 

6        Nepean Jobs For All - National Disability Insurance Agency Funding                            40

 

7        Cambridge Gardens Skate Park                                                                                      44

 

 

 

Outcome 7 - We have confidence in our Council

 

8        Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors                                                                                                                        51

 

9        Adoption of Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan; and Confirmation of Organisational Structure               53

 

10      Write off of unrecoverable Sundry Debtor accounts                                                        66

 

11      Licence Agreement with The Scouts Association of Australia NSW Branch over 1st Erskine Park, 1st South Penrith and 1st St Marys Premises                                                       69

 

12      Summary of Investments & Banking for the period 1 May 2017 to 31 May 2017           75

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Sydney Science Park Precinct Plan  Applicant: Celestino Developments SSP Pty Ltd;  Owner: ~Sydney Science Park Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Tender Reference 16/17-11, Erskine Business Park Improvement Project                     7

 

3        Erskine Park Planning Proposal

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                12

 

 

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

 

 

1

Sydney Science Park Precinct Plan  Applicant:  Celestino Developments SSP Pty Ltd;  Owner:  Sydney Science Park Pty Ltd   

 

Compiled by:               Lauren Van Etten, Environmental Planner

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities

Service Activity

Deliver timely assessment of development 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

Penrith Development Control Plan (DCP) 2014 requires that a precinct plan be prepared for each precinct in the SSP and be approved by Council prior to, or concurrently with, the first subdivision development application for each precinct.

 

Celestino Developments on behalf of the landowner E.J. Cooper & Son Pty Ltd has lodged a precinct plan for land identified as the First Community within the Sydney Science Park (SSP). The proposed concept plan has been lodged concurrently with a development application for a torrens title subdivision x 5 lots & associated civil engineering works, stormwater works & earthworks.

 

The precinct plan will provide guidance for the future development of the First Community. The precinct plan also aims to demonstrate that the critical elements contained within Penrith Development Control Plan 2014 will be achieved.

 

Overall the concept plan has been found to be consistent with the relevant criteria contained in Section E16 Sydney Science Park of Penrith Development Control Plan 2014. It is therefore recommended that the precinct plan for the First Community be endorsed and adopted by Council and that the related development application torrens title subdivision be approved under delegated authority upon finalisation of the development assessment process for this application.

Site and Surrounds

The Sydney Science Park comprises five (5) main themes or character areas including the Town Centre Area, Interim Local Village Area, Commercial Road Area, City Road Area and the Central Open Space Corridor. The first community precinct is bordered by large rural properties to the south, east and west and future Science Park precinct areas to the north. Luddenham Road is located directly east of the eastern-most extent of the subject precinct.

 

The precinct has a total land area of approximately 37 hectares and is located in the south-eastern portion of the Sydney Science Park, to the south of the main Commercial Road.

 

The precinct is predominately zoned B7 Business Park with a portion of the site zoned RE1 Public Recreation under Penrith Local Environmental Plan 2010.

 

Strategic Context

 

The Planning Proposal for the SSP was endorsed by the Department of Planning and Environment in 2014. Following this process, Council prepared an amendment to the Local Environmental Plan (LEP) and a site specific chapter within Development Control Plan 2014 (DCP) for the SSP area.

 

The land was predominately zoned B7 Business Park with a portion of the site zoned RE1 Public Recreation on Friday 28 October 2016 under Penrith Local Environmental Plan 2010. 287 Hectares of land was re-zoned from rural land to permit science based businesses, high technology industries, educational establishments, and research and development and ancillary residential uses. Land adjoining the site to the south, east and west is zoned RU2 Rural Landscape and land adjoining the site to the north is zoned E2 Environmental Conservation.

 

The LEP includes a site specific clause that sets an objective of providing a specialised centre and sets out a number of land based requirements such as: lot sizes for dwelling houses, non-residential development that must precede residential development, the maximum number of residential dwellings/lots for the precinct, gross floor area requirements for retail premises and a maximum gross floor area for warehouse uses. Further, Section E of Penrith Development Control Plan 2014 includes an area specific chapter for the Sydney Science Park which provides a structure plan to guide the layout and form of the park.

In addition, a Voluntary Planning Agreement for the SSP was signed on 9 September 2016. There are current discussions between Council and the Developer regarding open space ownership, road connection and upgrades required under the VPA.

Precinct Plan

The DCP requires that for the Sydney Science Park, a precinct plan showing the indicative urban structure of a Precinct is to be submitted concurrently with the first subdivision DA for that Precinct. The Precinct Plan provides a greater level of detail, and prevails over the DCP to the extent of any inconsistency.

 

The submitted precinct plan for the First Community has been prepared based on the urban design principles and intended development outcomes established for the overall release area by the DCP. The precinct plan outlines the indicative subdivision layout and land use distribution mix, road layout and hierarchy, pedestrian network and landscape master plan.

The precinct plan will provide guidance for coordinated future development. The precinct plan also aims to demonstrate that the relevant provisions of the DCP can be achieved when development occurs.

 

A copy of the proposed precinct plan is provided at Attachment 1. Copies of the proposed first subdivision plan for torrens title subdivision x 5 lots are provided at Attachment 3.

 

The precinct plan is largely consistent with the character and role requirements for this part of the area as envisaged by the DCP. In addition, each element required to be detailed in the precinct plan is discussed in turn below.

 

1) The Existing Physical, Built and Environmental Features and Constraints of the Precinct

 

The distinctive existing landscape setting of ridge lines, water bodies and creek lines which traverse through the site have been detailed within the plan. The plan includes detail as to how features of the environment site affect the first community. More specifically, a riparian corridors (the linear water park) is proposed along the existing major water course. In addition, the urban structure and grid layout has been designed to respond to the topography of the site, where the existing ridge lines and valleys are retained and married in with the proposed future road network.

 

2) The General Indication of the Phasing of Development

 

The precinct plan provides detail on the staging of the precincts. The detail provided is sufficient at this stage and gives an indication on the delivery and staging of the precincts which is logical with regard to earthworks and infrastructure delivery.

 

3) The Proposed Site Layout including an Indicative Road Layout

 

The proposed road layout for the precinct generally reflects the DCP road layout incorporating a commercial road, connector roads, and a park edge street. Access to the precinct is via Luddenham Road. The road network is based on a modified grid layout and has been designed to respond to the topography of the site and to ensure appropriate grades are achieved along the roadways.

 

While the layout is generally consistent with Figure E16.4 of the DCP, an additional north-south road has been provided to enhance the walkability and permeability of the First Community Precinct. A revised street hierarchy diagram demonstrating the implications on the movement network proposed in the DCP has been provided (refer to Attachment 2). This demonstrates that the additional north-south road will not compromise the movement network albeit shifting the major north-south boulevard further east than that shown within the DCP.

 

Whilst the relevant ‘Boulevard’ diagram in the precinct plan references both east-west and north-south roads, the street typology text doesn’t and needs to be amended to specify that this typology applies to the north-south road in addition to the east west. This amendment is included in the recommendation to adopt the precinct plan.

 

The proposed commercial and north-south boulevard roads have also been re-configured from that shown in the DCP Table 1 and Figures E16.5 – E16.10. More specifically, the 8m central median envisaged for these roads has been deleted and a 25m road width is now proposed, with a 16m single carriageway. The provision of two traffic lanes in either direction remains, with kerbside lane being 4.5m wide (as opposed to 3.5m previously) and the inside lane being 3.5m wide. A wider kerbside lane has been provided to accommodate on-street parallel car parking and a bicycle lane.

 

The amended road cross section has been revised to accommodate any possible upgrades of the Commercial Road within the linear park located to the north of the road carriageway. Until these road upgrades are required, the area nominated as a linear park can be accessed and used by the public. The additional width provided in the linear park lot of 16.6m would accommodate an overall potential cross-section up to 41.6m.

 

As such, the main variation to the DCP relates to the median strip. The commercial road will still provide the main entry into the site and serve as the major transport road within the development and the north-south boulevard will still retain sufficient width to accommodate their designated functions. The proposed road network has been examined by Council’s Development and Traffic Engineers and has been found to be satisfactory.

 

 

 

 

4) The Distribution of Land Uses

 

The DCP identifies five main character areas and the subject precinct is within the Commercial Road area designated for uses such as Commercial, Office and Major Research and Development Facilities. The Precinct Plan includes an indicative lot size area of each block within the grid layout and the designated land use type therein. Generally, the proposed distribution of uses for the First Community encourages business and commercial towards the west, educational centrally located and mixed use and residential towards Luddenham Road. In addition, land zoned RE1 Public Recreation is intended to accommodate public open space.

The precinct plan demonstrates that a diversity of land uses will be delivered in appropriate locations across the precinct.

 

5) Pedestrian, Vehicular and Cycle Access and Circulation Networks, Traffic Management Facilities and Car Parking;

 

The precinct plan demonstrates an integrated footpath and cycle network that will provide links between employment areas, education facilities, and open space areas and provide key linkages to paths to the Town Centre and main open space areas beyond the subject precinct. A pedestrian and cycle path plan has been provided to demonstrate how shared paths integrate with the pedestrian path network within the site.

 

It is noted that the plan to utilise shared paths, instead of a designated cycleway, along the commercial road deviates from the DCP’s plan as per Figure E16.5. The commercial road is considered a major cycle commuter route. However, amendments to the road layout, as aforementioned, reduced the width of the verge. In any case, given on-road cycling and an off-road shared path is still provided, the commercial road remains equipped to fulfil its role as a major cycling route within the Sydney Science Park. In addition, the shared paths on other roads within the precinct, such as the connector roads, has reduced in width marginally, no longer providing a 3m width as required by the DCP. The width of the berm has been increased from 1m to 1.2m on either side to accommodate the desired street trees. Nonetheless, Council’s Traffic Engineers advised that all shared paths, being 2.5m, remain in accordance with the relevant Australian Standard.

 

In addition, the Residential Street is a new cross section, introduced to serve the mixed use/residential precinct. It will have a similar function to a Connector Road with a wider verge for additional landscaping. On-street parking has been provided on all streets and the built form typologies indicate that on-site parking will be proposed for buildings. Council’s Development Engineers reviewed the precinct plan to be satisfactory.

 

6) An Urban Design Strategy, including Design principles, Built form guidelines and Setbacks, and Identification of Gateway Sites and Corridors

 

The key urban design principles for the First Community have been listed within the submitted documentation in general (Refer to Attachment 1) and in more detail in relation to the landscape and environment, access and movement, and built environment elements of the precinct plan.

 

In addition to listing the principles informing the built environment, further detail as to the built form character for the various intended types of buildings has been provided as defined by setbacks and massing to the various streets. More specifically, built form typologies were provided in relation to advanced manufacturing, high tech industrial and commercial/key frontage/educational and mixed use buildings. The setbacks proposed generally adhere to those within Figure E16.14 of the DCP, to allow greater landscaping along the commercial road frontage whereas in the mixed use area, buildings will be built up to the street alignment to reinforce the urban character and improve pedestrian accessibility amenity and activity at street level. In addition, the typologies submitted indicate that buildings do primarily address the main access road.

 

Although built form character is also defined by building heights, no height detail was provided within the precinct plan given the maximum storey control already exists within the DCP and is intended to be adhered to.

 

Gateways sites have also been nominated within the precinct plan, appropriately located on corner allotments to denote and reinforce the street intersections. As required within the DCP, example treatments indicate that such buildings will be iconic in form with an emphasis on architectural quality. Overall, the built form guidelines respond to the intended uses in each zone providing different characteristics and environments to best suit the needs of the different uses.

 

7) A Landscape and Fencing Strategy

 

The proposed street tree planting regime is clearly defined in the submitted documentation. Consideration was given to the suitability of the tree species relative to the available space within the street verges, providing landscaping that is integrated into the design of the precinct. In addition, the fencing strategy includes prescriptive controls of preferred fencing. Council’s Landscape Architect reviewed the precinct plan to be satisfactory.

 

8) Location and Function of Open Space

 

The amount and function of open spaces are clearly defined in the submitted documentation, most notably in relation to the events lawn, barbecue area, linear water park, multi-purpose courts, sculptural play space and café forecourt. These areas make provision for a variety of the high quality public domain active and passive spaces required in accordance with Section E16.2.3 of the DCP.

 

The concept plan makes provision for the majority of these spaces within a neighbourhood park within the central portion of the precinct adjacent to the future educational establishment and also within the linear park open space corridor which aligns with the RE2 zoned land. This corridor forms part of the overall open space network for the Sydney Science Park (see Figure E16.2 of the DCP).

 

Council’s City Planning have noted that the relation between open space and building forms is not explored, however the plan does show how open space provision relates to the location of different land uses and further detail can be provided at the development application stage. Nonetheless, the detail provided indicates a precinct centred around the neighbourhood park and linear open space corridor which create strong links with its topography, watercourses, and facilitates pedestrian movement, shaping a character for the precinct. Detail around street furniture and lighting can be provided as part of the public art strategy that is referenced within the precinct plan and to be delivered simultaneously with this precinct.

 

9) An Infrastructure Strategy

 

The precinct plan outlines the indicative locations and types of infrastructure required to service the precincts, in terms of initial lot creation. It is noted that there are ongoing discussions with Sydney Water at present in relation to future sewerage system options.

In the interim, each lot within the First Community will require an individual wastewater treatment solution, approval for which will be sought from Council at the same time development approval is sought for buildings on individual lots.

 

While it is unclear how wastewater will be situated in relation to the green spaces envisioned for the precinct, it is considered that this interim solution is satisfactory granted it is restricted to a few buildings and is subject to thorough assessment within the individual development applications. Although there is no detail as to water and energy efficient resource use within the submitted documentation, it is considered that such information can be provided as part of development applications.

 

10) A Public Art Strategy for the Precinct

The DCP states that a preliminary art strategy should be documented in the first Precinct Plan for the Sydney Science Park. Public art opportunity areas have been shown on a plan within the submitted documentation, including opportunities for both big statement pieces and small interventions within the precinct. The public art strategy is not detailed within the precinct plan itself however the overarching design principles for the strategy are referenced and will be delivered simultaneously.

 

Conclusion

The submitted concept plan satisfies the provisions contained in Section E16 Sydney Science Park of Penrith Development Control Plan (DCP) 2014. The precinct plan provides suitable direction for future development and demonstrates that the relevant provisions of the DCP can be achieved when development of the estate occurs. The precinct plan also clearly explicates where variation to the DCP is proposed, and how the precinct plan prevails in the event of inconsistency. The precinct plan is therefore worthy of Council’s support and it is recommended that the precinct plan be endorsed and adopted by Council.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Sydney Science Park Precinct Plan be received.

2.    The Sydney Science Park Precinct Plan – First Community be endorsed and adopted by Council, subject to Celestino providing the final preliminary art strategy to complement the precinct plan, and subject to further amendment of page 21, the street typologies- boulevard section, to ensure both the east-west and north-south boulevard roads are described.

 

 

 

ATTACHMENTS/APPENDICES

1.

Precinct Plan

38 Pages

Attachments Included

2.

Road Heirachy Plan

1 Page

Attachments Included

3.

Plans

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

2

Tender Reference 16/17-11, Erskine Business Park Improvement Project   

 

Compiled by:               Anthony Milanoli, Senior Environmental Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the needs of a growing population

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

 

Executive Summary

The tender (RFT 16/17-11) for Erskine Business Park Infrastructure Improvements was advertised in the Western Weekender and the Sydney Morning Herald on 28 April 2017. The tender closed on 24 May 2017.

 

The tender sought submissions to construct works which will improve the appearance, function and identity of Erskine Business Park. Works described in the tender include bus shelters, main route corridor landscaping, estate entry treatments, outdoor staff lunch area, street furniture, outdoor gym and street tree planting.

 

This report describes the tender process and recommends that the tender from Co-ordinated Landscapes Pty. Limited be accepted for the full scope of works outlined in the RFT 16/17-11, for Erskine Business Park Infrastructure Improvements, for a total amount of $1,292,600 (excluding GST).

Background

Erskine Business Park is an extensive employment area (526 hectares), located in the suburb of Erskine Park. It is primarily occupied by large scale logistics, warehouse and telecommunications businesses. The 2011 census identified 2,736 employees in the estate, with this total expected to have grown considerably in the past 5 years.

 

In order to provide new roadworks, drainage and signage essential to meet the needs of tenants of the new estate, new development was subject to payments of contributions under the Erskine Business Park s94 Plan. By 2013 all works required to be delivered by the Plan had been completed and all contributions required to fund the works had been received, that is, the Plan was “fully subscribed”. As the major cost component of the Plan (being land acquisition and construction of Lenore Drive), was the responsibility of the Roads and Maritime Services (RMS), final Plan facility costs were not confirmed by the agency until completion of the road works. Advice from the RMS at that time revealed a s94 Plan surplus of approximately $3 million dollars remaining in the Plan accounts.

 

Given the Plan was fully subscribed and all works funded under it had been delivered, on 22 July 2013, Council resolved to rescind the s94 Plan, not levy further contributions and spend any remaining funds on works consistent with the purpose of the Plan. A Councillor Briefing on potential initiatives for expending remaining contributions was held on 16 September 2013, at which Councillors viewed a preliminary improvement works concept plan. Arising from the briefing, Councillors asked staff to identify relevant works to utilise the remaining contributions and advance the project.

As a first step in delivering new works for the Business Park consistent with the Councillor Briefing, in 2016 and early 2017, shared pathways and footpaths were constructed through the estate at the following locations:

·    1,400m of shared pathway along Erskine Park Road (between the suburb of St Clair/ Erskine Park to the intersection with Mamre Road); and

·    802 m of footpaths in selected areas of the estate with higher levels of pedestrian traffic (i.e. James Erskine Drive, Quarry Road).

 

These paths form a network connecting the estate internally and to the wider suburb of Erskine Park as well as to the cycleway along Lenore Drive and likely future cycleways along an upgraded Mamre Road in years ahead. The s94 funded pathway network is now complete. Further footpaths in the estate will be delivered as conditions of consent.

 

Design Phase

In accordance with Council’s resolution and the Councillor Briefing, City Planning staff prepared estate upgrade concept plans which would improve the amenity, function and profile of the estate, to enhance its role for not only existing users but also future possible investment, thereby encouraging job creation. Works were also intended to establish the estate as the “gateway” to the wider western Sydney employment area and the future airport. The works proposed under these designs include:

·    Bus shelters;

·    Estate entry treatments (incorporating landscaping and associated estate identification to assist wayfinding and identity);

·    Major landscaping along the key corridor of Erskine Park Road;

·    Street tree planting;

·    Staff/visitor picnic lunch area; and

·    Outdoor gymnasium for business park users.

 

In order to refine and implement these concept plans, “Fresh Landscape Designs” was engaged to prepare costed, tender-ready construction/landscaping designs and external consultants (NSW Public Works) were engaged to project manage the design, tendering and construction phases to enhance the Business Park. The designs are consistent with the intention of the s94 Plan, identifying works which meet the needs of the Business Park and its users. External design and project management was required due to the very high Council capital works project stream at present, which precluded use of Council staff to deliver the new facilities within the “reasonable” time frame required for s94 expenditure.

 

Tender Phase

Refined and costed construction and tender-ready design plans were prepared in 2016-17 and a tender for the works was prepared by April 2017. The tender for the works was exhibited as a Public Notice in the Western Weekender and Sydney Morning Herald, and through the Local Government and Penrith City Council’s Tender websites between 28 April 2017 and 24 May 2017. Assessment of the responses to the tender are discussed in the remainder of this report.

 

Tender Evaluation Process

In accordance with the requirements of the Local Government Act, Council’s Tendering Guidelines and the content of the “Request for Tender 16/17-11” document, tenders were assessed against evaluation criteria described in B.6.3 and Part 5 of the RFT16/17-11.

 

A Tender Evaluation Committee was convened to review submitted tenders. The Committee comprised:

·    Michael Doggett – Supply Coordinator, Financial Services (Penrith City Council)

·    Natasha Baker – City Planning Manager (Penrith City Council)

·    Richard Batty – Consulting Senior Project Manager (NSW Public Works)

·    Tony Vera Cruz – Consulting Project Manager (NSW Public Works)

·    Anthony Milanoli – Senior Planner (Penrith City Council).

 

The Committee was chaired by Natasha Baker. Glenn McCarthy was appointed as the Probity Advisor. The evaluation criteria advertised and used in assessing the tenders included the following elements:

 

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Quality Assurance Systems

·    Environmental Management Systems

·    Employment Policies (Apprenticeships).

 

Tender Review

 

One response to the tender was received, as described below:

 

Company

Tendered Price (excludes GST)

Company Location

Directors

Co-ordinated Landscapes Pty Limited

$1,292,600

Level 1, 33-35 Belmont Street, SUTHERLAND, NSW 2232

R.W. Beslich

D.R. Beslich

C.G. Small

E.J. Turner

 

The tender was evaluated in detail against the weighted evaluation criteria to determine the tender response’s effectiveness rating. Consideration was given to the tenderer’s price schedules to assess whether it constituted the value for money solution while achieving competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

Although only one response to the tender exhibition was received, the tender from Co-ordinated Landscapes Pty. Limited was considered by the Tender Evaluation Committee to provide value for money in terms of effectiveness, price and successful history of completing comparable projects over many decades. This evaluation was on the basis of the Tender Evaluation Committee’s past experience with similar projects.

 

In addition to the formal tender evaluation process, the two most recent examples of the Co-ordinated Landscapes completed projects (being The Crescent Plaza, Fairfield – a civic space – and the Vine Street Fairfield Leisure Facility obstacle course) were inspected and found to have been completed to a high standard. These projects were completed for Fairfield City Council.

 

It is also noted that a number of Co-ordinated Landscapes’ staff are residents of Penrith City and the company employs three apprentices.

 

Co-ordinated Landscapes Pty. Limited was considered well suited to deliver the tender project based on:

1.   Compliance with the tender evaluation criteria

2.   Demonstrated ability to meet Council’s requirements, given their long and recent history on comparable projects, including for neighbouring councils; and

3.   Very competitive price for the services offered.

 

Co-ordinated Landscapes Pty. Limited have provided a detailed construction and implementation methodology which is considered efficient, appropriate and responsive to the setting and the tasks involved.

 

Co-ordinated Landscapes Pty. Limited have accredited Quality, Environmental and Work Health and Safety Management Systems in place. The company also has required insurance coverage.

 

We contacted 3 referees (including two councils) who had recently engaged Co-ordinated Landscapes Pty. Limited for work comparable with that described in this tender. All the referees described positive experiences with the company and a willingness to engage it again.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis and performance analysis of Co-ordinated Landscapes Pty limited. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised regarding the ability of Co-ordinated Landscapes Pty. Limited to carry out the works described.

 

Funding for this project is sourced from contributions remaining in the Erskine Business Park section 94 Development Contributions Plan and the total tendered price by Co-ordinated Landscapes Pty. Limited of $1,292,600 is within the available budget.

 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG), comprising Chief Governance Officer, Stephen Britten and Governance Coordinator Adam Beggs met to consider Tender Reference 16/17-11 – Erskine Business Park Infrastructure Improvements. The TAG has reviewed the evaluation process outlined within this report and spoken with the Probity Advisor. The TAG asked for additional information to be provided in the report and is satisfied that the selection criteria have been correctly applied in making the recommendations contained below.

 

Conclusion

While only a single response to the Request for Tender process was received, it was considered to represent value for money, compliance with the tender documentation and satisfaction of the associated tender review process. The recent experience of the company’s referees (including other local governments) confirmed the quality of the company’s work and customers’ willingness to engage them again. The company also has a long standing record of successful project delivery and awards. In view of these findings, this report concludes that Co-ordinated Landscapes Pty. Limited should be awarded the tender. Accordingly, a recommendation to this effect is contained below.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 16/17-11, Erskine Business Park Improvement Project be received

2.     Co-ordinated Landscapes Pty. Limited be awarded the contract for on Tender Reference 16/17-11, Erskine Business Park Improvement Project for an amount of $1,292,600 excluding GST.

3.     Council approve the expenditure of funds and the carrying out of the required project works.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

3

Erskine Park Planning Proposal  

 

Compiled by:               Anthony Milanoli, Senior Environmental Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the needs of a growing population

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

     

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

 

Applicant:                    Penrith City Council

Owner:                         Penrith City Council

Executive Summary

This report describes the results of the public exhibition of the Erskine Park Planning Proposal and recommends the Proposal be advanced to the Gateway for an amendment to Penrith Local Environmental Plan 2010.

The Planning Proposal applies to seven Council-owned sites previously identified for recreation, community and drainage purposes in Erskine Park and St Clair. These sites were identified in the Public Open Space Reinvestment Project as either no longer being required for their original purpose or no longer meeting the community’s needs. The Reinvestment Project is managed by Council’s Property Department, who are the applicants for this Planning Proposal.

The Planning Proposal seeks to rezone the subject sites from RE1 Public Recreation to R2 Low Density Residential; reclassify the land from Community to Operational; and establish minimum lot sizes of 550sq.m and height limits of 8.5 metres. If advanced, the Proposal would ultimately result in the sale of the subject land and the reinvestment of all proceeds into enhancing existing recreation, community and drainage facilities in Erskine Park and/or part of St Clair.

On 22 August 2016, Council resolved to sponsor the Planning Proposal and forward it to the Greater Sydney Commission for a Gateway Determination. On 19 October 2016, a Gateway Determination was issued, supporting advancement of the Proposal, subject to minor amendments, holding a public exhibition and conducting an independent public hearing.

The amended Planning Proposal was publicly exhibited for 28 days, from 10 February until 10 March 2017. In response to the public exhibition, 16 submissions - including a petition with 35 signatories - were received. This report addresses those submissions.

 

On 7 April 2017, an independent Public Hearing regarding the Planning Proposal was also held and attended by ten members of the public. Matters raised at the hearing echoed written submissions on the exhibition.

 

Our review of the submissions and the Public Hearing report suggest that the Proposal should be adopted, subject to minor amendments, and advanced through the Gateway.

 

Background

 

The Erskine Park Planning Proposal arose from the Public Open Space Reinvestment Project, conducted by Council’s Property Department. The project involved reviewing our open space and undeveloped community facility and drainage lands to determine whether they are meeting the original facility intentions and current needs of our community. The Reinvestment Project has been the subject of Councillor Briefings, Working Parties and reports by the Property Department, which, on 26 October 2015, resulted in a Council resolution to commence the process of rezoning and reclassifying what were initially 8 sites in Erskine Park/St Clair.

 

On 22 August 2016 Council considered a report regarding the Erskine Park Planning Proposal. The report examined the merits of sponsoring the Proposal submitted by Council’s Property Department. The Proposal, as described at that time, sought to rezone 8 sites (7 in Erskine Park and one in St Clair). The Planning Proposal suggested:

·    rezoning the subject sites from RE1 Public Recreation to R2 Low Density Residential;

·    reclassifying the land from Community to Operational; and

·    establishing minimum lot sizes of 550sq.m and a height control of 8.5 metres.

 

Following consideration of the report and representations at the meeting, Council resolved to:

·    sponsor the Planning Proposal for seven of the sites (No.1A Spoonbill Street was deleted); and

·    request a Gateway Determination from the Greater Sydney Commission (GSC).

 

The properties affected by Council’s resolution and the area of land affected are described below:

 

Property address
and property description

Area of site affected

73 Swallow Drive / Regulus Street, Erskine Park

(Lot 3280 DP 786811)

4,400sq.m

9a Dilga Crescent, Erskine Park

(Lot 148 DP 703879)

2,315sq.m

27A Phoenix Cr, Erskine Park

(Lot 1444 DP 788282)

1,234sq.m  (total park area 12,510sq.m)

Part 11A Canopus Close, Erskine Park

(lot 2174 DP 776426)

2,877sq.m  (total park area 9,752 sq.m).

N.B. The table of areas exhibited in the Planning Proposal inaccurately described this area as “1,700sq.m”, however the land affected by the Proposal was accurately mapped and described.

85 Swallow Drive, Erskine Park

(lot 3281 DP 786811)

1,500sqm (total park area of 4,499sq.m)

25 Chameleon Drive, Erskine Park

(lot 1106 DP 709078)

2,484sq.m

11 Ashwick Circuit, St Clair

(Lot 35 DP 812241)

1,817sq.m

 

On 19 October 2016 a Gateway Determination was issued, enabling the Proposal to advance, subject to minor amendments/clarifications and to a public exhibition and an independent public hearing.

Public Exhibition of the Planning Proposal

In order not to conflict with the Christmas/New Year period and the January 2017 school holidays, public exhibition of the Planning Proposal was deferred to maximise the community’s awareness of and response to the exhibition. The Gateway Determination required that Planning Proposals be exhibited for a minimum of 28 days. In accordance with the requirements of the Gateway Determination and the legislation, the Proposal (including all supporting documentation and background studies) was publicly exhibited between 10 February 2017 and 10 March 2017. The public exhibition process involved:

·    Notifying by letter all owners and occupants (comprising 2,627 letters) of the suburb of Erskine Park and affected areas of St Clair, inviting them to view and comment on the Proposal;

·    Placing weekly notices in the local newspaper (Western Weekender), advising the broader community of the public exhibition;

·    Displaying the public exhibition material at Council’s offices in Penrith and St Marys, and at St Clair library; and

·    Displaying the public exhibition material on Council’s website.

A copy of the exhibited Planning Proposal (excluding the lengthy appendices) is shown at Attachment 3 to this report.

Submissions and responses to the Public Exhibition

In response to the public exhibition of the Planning Proposal, 16 written submissions (including one petition with 35 signatories) were received. One respondent submitted two submissions elaborating on earlier correspondence with further site specific concerns. The issues raised in all submissions are addressed in this report. In addition to written submissions, 12 x phone/counter inquiries were received either at the Penrith Council office or through inquiries arising from the Proposal’s exhibition at St Clair Library.

Copies of all submissions received in response to the public exhibition will be tabled at the Council meeting, while a summary of these matters is outlined below:

Responses to the public exhibition can be characterised as follows (N.B. some submissions addressed multiple issues):

·    those sites for which there were no specific objections, namely Chameleon Reserve, Ashwick Circuit and Dilga Reserve;

·    support in principle but objection to indicative lot subdivision and dwelling yield intentions for the Regulus Street site; 

·    opposition in principle and to the adverse consequences for neighbours arising from the Capella/Canopus Park development scenario;

·    site support or opposition in principle;

·    requests for neighbours to have first option to purchase the affected land, most notably the affected areas of Pacific/Phoenix Park and Spica Place Park;

 

Detailed City Planning comment on the matters raised is contained at Attachment 1 to this report and summarised below.

Ashwick Circuit and Chameleon Reserve site - no submissions:

No submissions were received for Ashwick Reserve (which is no longer required for drainage purposes due to RMS drainage works on the M4); and Chameleon Reserve (which is no longer required as a community centre due to existing facilities in Erskine Park and St Clair).

Dilga Reserve - support

One submission supported the Planning Proposal in principle and in particular for Dilga Reserve, stating the site is being used as a truck parking area. The submission also requested that part of the site’s sale proceeds be reinvested in a path from Barcoo Lane to Andrew Thompson Reserve.

City Planning Comments - Occupation of the site for truck parking reflects the limited recreation utilisation of the site by residents. The respondent’s suggestion regarding a new pathway has been provided to relevant Council departments for consideration in their future reinvestment and works programming. No submissions objected specifically to the Dilga Reserve site being rezoned and reclassified.

 

Spica Reserve - support

One submission in support of the rezoning and reclassification of Spica reserve was received. The submission stated that:

·      Neighbours regularly experience anti-social behaviour from park users in the area to be rezoned and reclassified, with adverse impact on adjoining young families;

·      The removal of native trees on the site would be appreciated given the risk of falling and injuring or damaging neighbouring residents and their properties.

City Planning Comments - The submission relating to anti-social behaviour in the park is consistent with previous comments from neighbours and staff site inspections. Trees on the site were reviewed as part of the Ecological Study and are covered by Tree Preservation Orders. Their futures are not a matter for consideration as part of this Planning Proposal but subject to future decisions by Council through subdivision/development applications and decisions by Council’s Assets department.

 

Pacific and Phoenix Drive Park objection

One submission objected to the rezoning and reclassification of that part of Pacific Park which is the subject of the Proposal. The submission expressed concerns regarding the loss of vegetation, adverse impact on birdlife and the loss of the open space heritage of residents and their grandchildren.

City Planning Comments – Only 9.8% of the Pacific and Phoenix Park is subject to the Planning Proposal and the subject site represents a small area (1,234sq.m) on the fringe of the main body of the park, screened by fences on two sides and with limited practical recreation utility. With respect to birdlife and existing vegetation, the Ecological report submitted with the Proposal and reviewed by Council staff, states that fauna habitat is generally poor and the biodiversity values of the site are relatively low. It concludes that development of the reserve is unlikely to have any significant impact on Cumberland Plain Woodland. Additionally, upgrading of the remaining 90% of the park has included planting of mature trees significantly greater in number than would be removed if the site is rezoned and redeveloped.

Capella/Canopus Park

Three submissions raised objections to the rezoning and reclassification of Capella/Canopus Park. In addition to the in principle objections raised, the major site specific concerns related to the adverse drainage, outlook, privacy, disability access and overshadowing impacts that would be experienced by adjoining neighbours in Pisces Place. The submissions stated that these issues would arise because the Proposal would necessitate construction of an elevated retaining wall on the affected land to accommodate park drainage and residential development. The consequence of this would be new housing overlooking Pisces Place neighbours, unattractive high rear walls (1m above standard) and overshadowing of neighbours’ private open space. The submissions also stated that the Pisces Lane pathway access to Capella Street would no longer permit access for people with a disability in accordance with Australian Standards.

City Planning Comments - The matters raised in these submissions were subject to further investigation through engineering reports prepared on behalf of the applicant by consultants GHD and reviewed by our Engineering Services Department. The report and reviews confirmed that addressing stormwater drainage issues on the park site would require engineering works, including a retaining wall which would be elevated 0.9m above the adjoining Pisces Place neighbouring properties. New dwellings would then be built above the retaining wall, resulting in elevated rear fences/walls for neighbouring existing residents and prospects of significantly reduced privacy, overshadowing and enclosed outlooks. The studies also confirmed that access through the park via Pisces Lane extension would not comply with the relevant Australian Standard for accessibility and that a significant section at the western side of the site would need to be retained to achieve complying pathway access. This is particularly relevant in this instance as a neighbour in Pisces Place is wheelchair bound and uses the laneway and path for access to the wider suburb.

In light of the impact of the matters raised in these submissions, it is appropriate to reduce the extent of Canopus/Capella Park to be rezoned and reclassified. to a 1,100 sq.m parcel with access achieved directly from Capella Street, in a manner consistent with neighbouring sites. This would permit the subdivision of two new lots with a minimum size of 550sq.m, and, as with all lots in Erskine Park, permit creation of secondary dwellings. It is also recommended that in order to address the existing drainage issues on the park site which are adversely impacting on neighbours in Pisces Place, that these drainage remediation and path access works be included in the Property Department’s future reinvestment works program.

A recommended amendment to the exhibited Planning Proposal as it applies to Capella Park is shown at Attachment 4 to this report and graphically identifies the proposed modified zoning and reclassification boundaries.

Regulus Reserve

Three individual submissions were received in relation to this site, including:

·    one submission accompanied by a petition with 35 signatories supporting an amended subdivision plan drawn by the head signatory; and

·    two submissions from the same respondent.

In summary, the submissions expressed strong objections to the number of dwellings (8) that would be generated on the Regulus Reserve site as a result of the Planning Proposal. These submissions did not object to the rezoning and reclassification in principle, rather, to perceived overdevelopment of the site, failure to comply with 550sq.m lot size standards and the adverse impacts on neighbourhood amenity arising. Adverse amenity impacts included loss of privacy, loss of views, on street parking, traffic volumes, overshadowing and unsafe vehicle access onto the subject site.

The submission also strongly objected to the increase in projected lots/dwellings (from 3 to 8 dwellings) that had occurred between consultations conducted by the Property Department for the Recreation Reinvestment project and what had been lodged for this Planning Proposal.  The submission suggested this increase was deceptive and without justification, especially given the adverse amenity impacts that were perceived to arise from the subdivision and lot yield amendment. An alternative subdivision layout in which 5 lots were proposed, was also presented. A request was also made to purchase one of the lots arising from a revised subdivision plan for the subject land.

City Planning Comment - With respect to the issues raised in the submissions, this Planning Proposal is limited to rezoning, land reclassification and establishment of building height and lot size standards. The Planning Proposal does not endorse subdivision patterns – be they the indicative schemes shown in the Planning Proposal or those suggested in the residents’ submission. The Proposal seeks to identify the suitability of the site for an R2 residential zoning with an operational classification, and with 550sq.m lot size and 8.5m building height development standards. If Council endorses the Planning Proposal, future subdivision applications for the site will need to comply with development standards contained in the Proposal and the relevant standards and controls described in Penrith Local Environmental Plan (LEP) 2010 and Penrith Development Control Plan (DCP) 2014. The LEP and DCP controls address those issues outlined in the responses to the exhibition, including privacy, overshadowing, parking and safe access and Council, as the owner/applicant can address these matters at the time a development application is lodged.

In terms of the submissions’ concerns about street parking, road traffic network capacity and road safety, these matters were addressed in a traffic and parking study accompanying the Proposal and deemed to be unproblematic given the minor increase in dwellings envisaged and the capacity of the existing road network. This is also a matter for further consideration at the time of lodgement of a Development Application.

The matter of neighbours being offered the opportunity to purchase any newly created lots is addressed separately later in this report.

As previously reported to Council on 22 August 2016, the site is considered appropriate for residential development and the issues raised in public submissions can be more adequately addressed at the time a Development Application is lodged.

In response to the residents’ concerns regarding the community consultation process on lot/dwelling yield, the Property Department have reiterated that these have no status and any final subdivision and development application plans must comply with relevant controls and policies. The Property Department’s response accompanies comments on submissions shown at Attachment 1 to this report.

In principle support or site sales interest/support

Three responses fell into this category. Two respondents supported, in principle, disposing of Council-owned sites which are not meeting community needs and reinvesting all the proceeds of the sales into upgrading existing recreation, community or drainage facilities to enhance their appeal and function. These two submissions - and a further submission asking about sales processes - also expressed interest in purchasing some of the sites. The process for selling the affected land is described in further detail later in this report.

 

Objections in principle

Several submissions strongly objected to the Planning Proposal in principle for reasons relating to loss of greenspace, trees, amenity, recreation spaces and wildlife habitat. The submissions also objected to the uncertainty surrounding how funds raised would be reinvested, increased housing density, change in suburb character, risks of exacerbating youth crime and the adverse precedent the Proposal established for the rest of the City.  A detailed outline of these issues and City Planning commentary is contained as Attachment 1 to this report. While the issues raised in these submissions reflect understandable concerns from the community about the impact of the Proposal, our review of these matters found that an abundance of greenspace would remain and be enhanced, that the evidence base underpinning the project was sound and that overall amenity would be improved for residents of the suburb.

Independent Public Hearing

Under section 57 of the EP&A Act and section 29 of the Local Government Act, “councils must hold a public hearing when reclassifying public land from community to operational. This gives the community an opportunity to expand on written submissions and discuss issues with an independent person in a public forum”.

In accordance with legislative requirements, an independent consultant (Peter Walsh Consulting) was appointed to conduct and chair the meeting. The report on the Public Hearing would also review the written responses to the public exhibition.

Notices advising the public of the hearing and its function appeared in the local newspaper (Western Weekender) on the 17th, 24th and 31 March 2017. Council’s website also displayed details of the hearing and displays were placed at Council’s Penrith and St Marys offices and St Clair library. Respondents to the public submission who had provided email addresses were also advised of the Public Hearing and invited to attend and present their views.

The independent Public Hearing was conducted at Erskine Park Community Hall on Friday 7 April 2017 between 6.30pm and 8.00pm. Ten people attended the Public Hearing and presentations were made by 4 persons. Matters raised by presenters at the Hearing echoed concerns raised in written submissions and indicated both support for and objection to the proposal.

On Friday 28 April 2017 a report on the Public Hearing was provided by the independent chairperson. In accordance with s47G of the Local Government Act, a copy of the independent report on the Public Hearing was made publicly available within 4 days of its receipt (i.e. on 1 May 2017) at Council offices (Penrith and St Marys) and at St Clair library. The report was also displayed on Council’s website and persons who had made submissions and provided email addresses were forwarded an electronic copy of the report. The report was made publicly available for one month. A copy of the independent report is shown at Attachment 2 to this report, while a summary of its recommendations is outlined below:

1.   That Council note the submissions to the hearing and public exhibition of the Proposal documented in the report and the report’s commentary in response;

2.   Before advancing the Proposal, Council consider the inclusion of planning

provisions which more actively seek to ensure future development in the land

subject to reclassification and rezoning is in keeping with surrounding development

(see Section 3.3 for details);

City Planning Response – this recommendation relates to consideration of issues raised in submissions and is addressed in the “Submissions” section of this report.

 

3.   Before advancing the Planning Proposal, Council document guiding principles and

a management regime for attending to both revenues from the divestment of open

space land and expenditures towards future projects in the local community; and

that local representation and participation be a key consideration (see discussion in

Section 4.1 and above).

City Planning Response – This matter is addressed later in this report. Council will develop a reinvestment and works program, which can be determined when final funds available is available.

 

4.   Council consider favourably the submission that next door properties having a first

offer opportunity for adjacent properties, subject to independent valuation.

City Planning Response – This matter has been the subject of advice from Council’s Solicitor and is separately addressed later in this report under the heading of “Sale of assets arising from the Planning Proposal”.

As described above, the concluded Public Hearing and Report presentation process have satisfied all relevant legislative requirements.

 

Sale of assets arising from the Planning Proposal

Numerous submissions in response to exhibition of the Planning Proposal and attendees at the Public Hearing suggested that options to purchase sites should initially be offered to adjoining owners, as they are the most adversely affected and had purchased their properties assuming a park as a permanent neighbour. Consideration of this suggestion was also presented in the report by the chairperson of the independent Public Hearing on the Planning Proposal.  While the process for selling property is not relevant to the merits assessment of the Planning Proposal, it is discussed here given the interest expressed by the community and the report on the independent Public Hearing. The subject also goes to the issue of transparency and community confidence in the process accompany implementation of the Proposal.

Council practice on disposal of assets is regulated through section 55 of the Local Government Act and may be further guided by Council’s Policy on Unsolicited Requests to purchase Council land and ICAC Guidelines. Policy comments from Council’s Legal Services Department solicitor on this matter are summarised below:

·      S55 of the Local Government Act leaves it open to Council to determine the process for sale of land it owns;

·      Council’s Policy “Unsolicited Requests to Purchase Council Owned Land”, adopted on 27 June 2016, doesn’t strictly apply to this scenario but contains principles for sale that are relevant;

·      The Council Policy states that standard practice for selling or leasing land is to test the open market to achieve value for money and equal opportunity for purchasers;

·      There may be circumstances where entering into exclusive negotiations with purchasers are justifiable (e.g. closure of a laneway involving direct negotiations with adjoining owners);

·      ICAC published Guidelines on Direct Negotiations in 2006. On page 8, the Guidelines state that ‘Because of the risks that accompany the process, direct negotiations, as a general rule, should be avoided’, but this cannot guide all scenarios and hence the following principles should be considered:

Obtaining best value for money;

Providing a fair chance to do business with government;

Demonstrating accountability and transparency; and

Dealing with conflicts of interest.

·      As Council’s policy on unsolicited proposals, and the ICAC guidelines demonstrate, as a general rule, direct negotiations should be avoided. However, there may be circumstances where direct negotiations are objectively justified

 

Of the land affected by the Planning Proposal, only  the Spica Place site is land locked and would require direct negotiations with neighbouring owners. The other 6 sites enjoy direct access from the street. Given these site circumstances, it is suggested that, the Council Policy, Local Government Act and ICAC guidelines would be best satisfied by testing the market for all sites with the exception of the Spica Place.

 

State Agency Referrals

In accordance with the Gateway Determination conditions, the Planning Proposal was referred to the Office of Environment and Heritage/Environment Protection Agency (EPA) for comment. No objections to the Proposal advancing were raised however specific comments were made by the EPA and Endeavour Energy, which are summarised below:

Environment Protection Agency (EPA)

The EPA response noted that the supporting studies accompanying the Planning Proposal indicated building rubble was observed at Regulus reserve, indicating the potential for land contamination. The EPA recommended that a site investigation be undertaken prior to the sale or any development of Regulus Reserve, consistent with EPA guidelines. Consistent with the EPA response, the Planning Proposal states that further site investigations will be undertaken prior to any sale or development of the site. The matter relating to potential contamination would also be subject to Development Application consideration under State Environmental Planning Policy 55.

Endeavour Energy

The agency advised that easements exist over the Dilga Crescent and Pacific/Phoenix Reserve sites, restricting the location of future construction, the nature of some landscaping and surface levelling. Easements over affected properties will need to be maintained, along with the development restrictions associated with the easements. It is noted that these easements do not constrain development of the sites for the forms of residential development intended by the Planning Proposal.

Council Departments’ Comments

The Planning Proposal had previously been referred to relevant Council Departments prior to adoption by Council and the responses and actions in response to those referrals were included in the report to Council on 22 August 2016.

Arising from the public exhibition of the Planning Proposal, responses and further commentary from Council’s Design and Projects Division and Engineering Services Department were submitted regarding the Spica, Canopus and Dilga Street sites. These issues are described further below.

Spica Place Park – response from Design and Projects Division

Design and Projects Division has prepared draft designs to enhance Spica Place Reserve. The Design Division suggest retaining the eastern section of land within the park which is proposed for rezoning under the Planning Proposal. The Design Division believe that retaining this eastern section would:

·    create a useful “kick around” space associated with the proposed play area;

·    establish a cooling canopy and a green backdrop, consistent with Council’s “Cooling the City Strategy”, especially given the paucity of street trees and the difficulty in establishing them; and

·    achieve safety in this section of the park through the use of clear trunked trees in mulched garden beds without shrubs, thereby maximising surveillance and minimising anti-social behaviour;

Plans for upgrading the park show the enlarged rear area left open and visible for use as an “informal kickabout lawn”, with its perimeter mulched and planted with high canopy natives offering clear views.

City Planning Comment - The primary purpose of the Recreation Reinvestment Program which underpins the Planning Proposal is to ensure that open space assets achieve improved utility and amenity for the Erskine Park community they serve. The Planning Proposal and community feedback expressed concern regarding anti-social activity and limited recreational utility for the western end of Spica Place Park due to its current configuration and limited size. The Design Division’s draft new treatments to upgrade the park still propose excising the area at the rear not visible from the street or park entries, while retaining a small, eastern area adjoining the main body of the park to enhance overall park utility and amenity for users and neighbouring residents. Design Division advise they intend to carry out further consultation with adjoining residents regarding the draft park upgrade designs to ensure their suitability and responsiveness.

In response to this submission, this report suggests that all the area of Spica Place Park proposed to be rezoned and reclassified progress in the form it was exhibited, but its future sale and development be subject to further design and community consultation regarding its use, design and function in relation to the wider area of Spica Park .

Engineering Services Comments on Capella/Canopus Park

Arising from resident concerns about the impact of the rezoning and residential development of Capella Park, the site was inspected by staff from Engineering Services, City Planning and neighbouring residents who had submitted objections. Assessment was also made against relevant Australian Standards for accessibility.

The site inspection with neighbours indicated that the works required would include bulk earthworks to reshape the land and associated stormwater pipes/ pits to drain to Capella Street or laneway trunk drainage system.

The engineering analysis provided by the applicants confirmed a retaining wall and below ground storage of stormwater runoff would be required. The analysis also confirmed the southern portion of the site could not be occupied by dwellings and an accessible pathway would be required.

As outlined in the “Submissions” section of this report, in light of the legitimacy of the matters raised in the objections, it was considered appropriate to reduce the extent of Canopus/Capella Park to be rezoned and reclassified compared with what was exhibited. Consideration may also be given to allocating some of the proceeds of the divestment to creating a naturalised stormwater drainage treatment solution and a Disability Access-compliant extension of Pisces Laneway.

Use of funds from sale of the Planning Proposal sites 

Questions about Council’s future expenditure intentions for proceeds generated from sale of the seven sites also arose in written submissions responding to the exhibition, at the Public Hearing on the Planning Proposal and in the independent chairperson’s report on the Hearing.

In order to comply with s32(5) of the Local Government Act, all proceeds from the sale of the seven sites will need to be allocated to projects within the boundaries of Erskine Park and part of St Clair (i.e. areas covered by the former Erskine Park s94 Plan). Funds raised must be spent on recreation, community and drainage purposes. Section 1.2 of the Planning Proposal describes spending $2.47 million on park upgrades and new footpaths, as outlined in the “Draft Open Space Master Plan” and any further funds arising on upgrade of parks and reserves located in Erskine Park. While this matter is separate from determination of the merits of the Planning Proposal, it is noted that the Property Department has advised that the upgrades of Peppertree and Chameleon Reserves will also involve the expenditure of a further $3M - $5M. This report has also identified pathway and drainage upgrade options for Capella Park which might also utilise the proceeds of site sales, if sufficient funds are raised as part of this Recreation Reinvestment project.

Next Steps

If Council resolves to adopt and progress the Planning Proposal, the next steps in the rezoning, reclassification and recreation reinvestment process are as follows:

1.   Council reports the results of the community consultation undertaken for the Planning proposal and requests the Department make an LEP to bring the Proposal into effect;

2.   The DP&E arranges legal drafting of the LEP;

3.   Following assessment by the Minister, the draft LEP and accompanying material is forwarded to the Governor for review, signing and subsequent gazettal;

4.   Council’s Property Department can commence the sale or development of affected sites, in accordance with a sale policy determined by Council and made public to the community;

5.   Expenditure of the proceeds of the divestment of the rezoned properties occurs with Erskine Park/part St Clair.

Conclusion

The public exhibition of the Erskine Park Planning Proposal and the associated independent public hearing provided valuable community feedback on numerous elements of the Proposal and identified the need for review and subsequent refinement of certain elements as described above. With the incorporation of the refinements arising from community consultation, the Planning Proposal’s merits are considered to be further strengthened and accordingly a recommendation that Council adopt an amended form of the Planning proposal is contained below.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Erskine Park Planning Proposal be received

2.    The Independent Public Hearing Report on the Planning Proposal be noted by Council.  

3.    Council resolve to adopt the exhibited Planning Proposal in the amended form described in this report, by curtailing the extent of land in Capella/Canopus Park affected to a lot of approximately 1,100 sq.m, as shown in the amended Plans detailed in Attachment 4 to this report.

4.    Council forward the amended Planning Proposal to the Greater Sydney Commission and/or Department of Planning & Environment, outlining the community consultation and independent public hearing undertaken and request the Department make a Local Environmental Plan to bring the Planning Proposal into effect.

 

 

 

 

ATTACHMENTS/APPENDICES

1.

City Planning Comments in response to issues raised in submissions

10 Pages

Attachments Included

2.

Independent Report into the Public Hearing for Erskine Park Planning Proposal

40 Pages

Attachments Included

3.

Exhibited Erskine Park Planning Proposal (appendices tabled at the meeting)

58 Pages

Attachments Included

4.

Recommended amendment to the Planning proposal, as applying to Capella Park site

1 Page

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

4        Tender Reference 16/17-17, Construction of Shared Path along Tench Avenue, Jamisontown                                                                                                                    29

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

 

 

4

Tender Reference 16/17-17, Construction of Shared Path along Tench Avenue, Jamisontown   

 

Compiled by:               Michael  Shahidi, Project Officer

Matthew  Buckley, Major Projects Coordinator

Authorised by:            Karin Schicht, Acting Design & Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

Tender reference 16/17-17 for the Construction of Shared Path along Tench Avenue, Jamisontown, was advertised in the Western Weekender on 4 May 2017 and Sydney Morning Herald on 9 May 2017. The tender closed on 31 May 2017.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Talis Civil Pty Ltd be accepted for the full scope of works outlined in RFT 16/17-17 for the Construction of Shared Path along Tench Avenue Project. The tenderers nominated the extent of works they were able to complete for a total amount of $390,000 (excluding GST) and provided a schedule of rates to continue construction once more funding became available.

Background

Penrith City Council has committed to complete the shared path along Tench Avenue in stages as part of the “Our River” master plan. Shared path work completed to date is the section between Nepean Avenue and Jamison Road. The implementation strategy is to continue the shared path southwards towards the M4 bridge in stages, according to available funds.

 

The length of path able to be delivered by this project is limited by the available funds ($390,000 excluding GST). Funding for this project is provided through the Metropolitan Greenspace Program (MGP, 2016 round), traffic share-use program and S94 district open space funds.

 

The tender was structured to both determine the length of path able to be delivered for $390,000 (excluding GST) as well as establish fixed rates for 3 years for the future extension of the same shared path.

 

Council lodged a grant application under the 2017 round of the MGP for the continuation of the same shared path along Tench Avenue. Successful 2017 projects are anticipated to be announced in the next few months, however should Penrith City Council be successful, the fixed rates set by the successful tenderer can be applied and a variation applied to the current contract. Ideally works will continue without interruption.

 

Should Council be unsuccessful with the 2017 MGP application, a continuation of the shared path by the successful tenderer will be subject to future funding being available within the 3 year contract timeframe.

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Laura Stott (Supply Officer - Contracts), Matthew Buckley (Major Projects Coordinator), Michael Shahidi (Project Officer) and was chaired by Karin Schicht (Acting Design and Projects Manager).  The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

 

Initial Tender Review

 

A full listing of the tenders received is detailed below in extent to be constructed order.

 

Company

Tendered extent to be constructed  (Length in Metres)

Company Location

Directors

Planet Civil Pty Ltd

175m

Arncliffe NSW

Mohamad Najjar

Ali Ibrahim

Talis Civil  Pty Ltd

160m

Pendle Hill NSW

Michael Fitzgerald

James Murphy

Awada Civil Engineering  Pty Ltd

140m

South Hurstville NSW

Fouad Awada

Sydney Contracting Engineers Pty Ltd

127m

Pyrmont NSW

Farshid Manesh

Farhang Effatmaneshnik

Kelbon  Project Services Pty Ltd

125m

Belrose NSW

Richard Johnston

JK Williams  Contracting Pty Ltd

90m

Penrith NSW

Leigh Hartog

Statewide  Civil Pty Ltd

90m

Bella Vista NSW

Michael Dominello

Civix  Pty Ltd

Non-conforming

Rouse Hill NSW

Wayne McAulay

North Shore Paving Co. Pty Ltd 

Non-conforming

Lindfield NSW

Ivan K. Tarjan

Ivan S.G. Tarjan

Philippa B. Tarjan

Mack Civil Pty Ltd

Non-conforming

Sans Souci NSW

Karim Mahmoud

Castlereagh Group Industries

Non-conforming

Sydney NSW

-

 

The tenders submitted by ‘Civix’, ‘North Shore Paving’, ‘Mack Civil’ and ‘Castlereagh Group Industries’ did not conform to price scheduling and did not add up to $390,000 as requested in the RFT. The Committee were of the opinion that there was no advantage to give further consideration to these tenders.

 

The top five conforming tenders (Planet, Talis, Awada, Sydney Contracting and Kelbon) were evaluated in detail against the above weighted evaluation criteria to determine an effectiveness rating.

 

Although Planet was able to provide for the most volume of works, it was considered to be of no advantage to Council to further evaluate this tender because they were unable to demonstrate to an adequate level that they could undertake the works to the appropriate standard. The Committee was of the view that the responses in respect to quality, safety and environmental management, relevant project experience and experience with projects of a similar budget were lower than that of the preferred tenderer. The Committee were of a similar view with respect to Sydney Contracting.

 

The remaining tenderers were all deemed to meet the requirements of the tender. Talis Civil Pty Ltd provided the most advantageous tender and in their response included relevant and similar previous experience, such as the Bay Run Shared Footpath Upgrade for Canada Bay Council, valued at $1.6million.  Talis Civil Pty Ltd also scored very highly in relevant project experience, experience with projects of a similar budget and quality, environmental management and safety.

 

A comparison of the schedule of rates on the remaining three tenderers was also undertaken to confirm that the preferred tenderer rates provide value for money for future stages of path works.

 

Evaluation of the Preferred Tender

 

Following an initial assessment, the tender from Talis Civil Pty Ltd was considered by the Tender Evaluation Committee to provide the highest ranking in terms of effectiveness and ranked second based on metres to be constructed.

 

A number of clarifications on submitted tenders were requested from Talis Civil Pty Ltd, Kelbon Project Services Pty Ltd & Awada Civil Engineering Pty Ltd to clarify inclusions of their respective tender submissions prior to confirming the recommendation. No significant issues were identified after clarifications were submitted to alter the recommendation of the committee.

 

Using the schedule of rates provided by Talis Civil Pty Ltd, it is estimated that the total remaining future scope is valued at approximately $935,000 (excluding GST), subject to funding availability.

 

The recommended company, Talis Civil Pty Ltd, was selected based on their; -

1)   Compliance with the tender evaluation criteria;

2)   Demonstrated ability to meet Council’s requirements;

3)   Competitive price and program of works for the services offered; and

4)   Schedule of rates provided for the future path construction stages.

 

Financial Services Comment

 

Independent reference checks, financial analysis, and performance analysis on Talis Civil Pty Ltd have recently been conducted. These checks were completed by Corporate Scorecard Pty Ltd and were reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Talis Civil to perform the works described.

 

As detailed above, funding has been allocated to Council through the Metropolitan Greenspace Program (MGP), Council’s traffic shared-use program and S94 contribution funds. The estimated cost for the completion of the entire project based on the schedule of rates provided by Talis Civil is within estimated price.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Coordinator, Adam Beggs met to consider the tender for the Construction of Shared Path along Tench Avenue, Jamisontown. The TAG requested clarification on a number of matters and has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

 

Conclusion

 

The Tender Evaluation Committee is of the opinion that Talis Civil Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $390,000 excluding GST to construct 160 metres of shared path, and to continue construction of this project as more funding become available, based on the schedule of rates provided.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-17, Construction of Shared Path along Tench Avenue, Jamisontown, be received

2.    Talis Civil Pty Ltd be awarded the contract for the Construction of 160m of Shared Path along Tench Avenue, Jamisontown, for an amount of $390,000 excluding GST.

3.    Talis Civil Pty Ltd be awarded the 3-year contract for the Construction of Shared Path along Tench Avenue based on the schedule of rates they have provided, to be let as more funding becomes available.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                                Page

 

5        Arts NSW - Western Sydney Making Space Program Funding                                      37

 

6        Nepean Jobs For All - National Disability Insurance Agency Funding                            40

 

7        Cambridge Gardens Skate Park                                                                                      44

 

 

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

 

 

5

Arts NSW - Western Sydney Making Space Program Funding   

 

Compiled by:               Karen Harris, Senior Cultural Development Officer

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Support cultural development, activating places and creativity

Service Activity

Implement projects and activities to enhance the cultural vitality of the City

      

 

Executive Summary

This report provides information on Council’s successful application to the Arts NSW Western Sydney Making Spaces program to provide grant funding to resource a pilot Digital Creative Hub in the Penrith City Centre. The grant is for $60,000 over two years. The Digital Creative Hub - Making Space project will be located in a Council owned premises at Shop 2 Allen Arcade, 140 Henry Street.

 

The key aim in the development and implementation of this Creative Hub - Making Space initiative is to provide the arts and cultural sector with an opportunity to grow the creative industries in the Penrith CBD, and contribute to a more vibrant and sustainable arts and cultural sector in Penrith City and Outer Western Sydney.

 

Councillors were informed by memorandum on 16 March 2017 that Council officers had submitted an application for funding under this program.  This memo also summarised Council’s funding application and the plan to use the Allen Arcade premises for a pilot Creative Hub - Making Space project.

 

The report recommends that the information contained in the report on Arts NSW - Western Sydney Making Space Program Funding be received and that Council endorse receipt of grant funds of $60,000 from Arts NSW under the Western Sydney Making Space Program for the purpose outlined in this report.

Background

In September 2015 Council coordinated the Mayoral Arts and Culture Summit.  The key aim of the Summit was to provide the arts and cultural sector with an opportunity to identify their priorities for the growth of arts and culture in Penrith and the region, and contribute to an agenda for further action by Council and other stakeholders. Both the Mayoral Arts and Culture Summit and internal work on cultural infrastructure needs has confirmed that a creative industries hub that provides an active and collaborative maker space is one of the highest cultural infrastructure priorities for the City.

 

Council officers have been aware since late 2016 that Arts NSW were intending to announce funding opportunities under the Western Sydney Making Space Program.  Given this opportunity Council officers commenced some investigation of suitable premises for a creative hub in the Penrith CBD.

 

Council officers identified Shop 2/140-142 Henry Street, Penrith (Allen Arcade) as suitable for a Creative Hub – Making Space.  This Council property is 59 square metres and has been unable to be leased because only a short term commercial lease can be offered as Allen Arcade will eventually be demolished to make way for the City Park.  There has been no interest to lease these premises for the last 18 months.  The premises provide a good opportunity to pilot and test a creative hub.

 

Councillors were informed by memorandum on 16 March 2017 that Council officers had submitted an application to the Arts NSW Western Sydney Making Spaces program to provide grant funding to resource a pilot Digital Creative Hub in the Penrith City Centre.

 

Council’s Property Development Department informed Council of its intent to allocate the Allen Arcade premises to the Community and Cultural Development Department for use as a Creative Hub - Making Space from July 2017 to October 2019 at Council’s Ordinary meeting of 27 March 2017.  If these premises are demolished before October 2019 alternate premises for the Creative Hub will be identified.

 

The Hub will provide a space for creative and professional development initiatives for emerging multi-disciplinary digital artists/designers, selected through a competitive application process. 

 

Current Situation

With the successful Western Sydney Making Space Program application Council will receive $60,000 or $30,000 per annum for two years.

 

With the funds Council will engage a professional mentor to support a number of emerging digital artists/designers to develop their practice and identify further entrepreneurial opportunities.  Emerging digital artists/designers will receive a stipend during their participation in the program. Because the funding body is Arts NSW the Hub will have a focus on the creative industries.

 

Over the two years, Council’s Community and Cultural Development service will coordinate four blocks of mentoring and professional development for up to five artists in each block. Thus, over two years up to 20 emerging digital artists from Western Sydney will have the opportunity to participate in this initiative.

 

Council’s application was supported by Western Sydney University, Academic Program Design, Western Sydney TAFE – Nepean Arts & Design Centre and the Penrith Performing & Visual Arts Ltd.

 

The mentorship and residency program is expected to commence in August 2017 and end in October 2019.

 

Summary

The key aim in the development and implementation of this Creative Hub - Making Space initiative is to provide the arts and cultural sector with an opportunity to grow the creative industries in Penrith, and contribute to a more vibrant and sustainable arts and cultural sector in the region. Council has received funding of $60,000 over two years under the Arts NSW Western Sydney Making Spaces program to support this initiative.

 

RECOMMENDATION

That:

1.      The information contained in the report on Arts NSW - Western Sydney Making Space Program Funding be received.

 

 

2.      Council endorse receipt of grant funds of $60,000 from Arts NSW under the Western Sydney Making Space Program for the purpose outlined in this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

6

Nepean Jobs For All - National Disability Insurance Agency Funding   

 

Compiled by:               Joe Ibbitson, Community Programs Coordinator

Claire Galvin, Disability Inclusion Officer

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Coordinate events and engage with a broad range of community partners, including other levels of government, to build community capacity

      

 

Executive Summary

This report provides information on funding of $95,000 that Council has received from the National Disability Insurance Agency (NDIA) under the Information Linkages and Capacity Building (ILC) program to implement the Nepean Jobs For All project. The project seeks to build the confidence of small business and large employers in the region to provide increased opportunities for people with disability to gain employment. The project is a collaboration with Blue Mountains and Hawkesbury Councils and the Regional Strategic Alliance (Penrith, Blue Mountains and Hawkesbury Councils).

 

Council’s Access Committee received a report on the Nepean Jobs For All project at its meeting on 14 June 2017. Council’s initiative in leading this project was well received.

 

The report details the next steps in implementing the project which include an inception workshop with partners, collaborators and people with disability, identifying champions from each Council, developing a communication strategy and planning a launch of the Nepean Jobs For All project.

 

The report recommends that the information be received and that Council endorse the receipt of the funds from the National Disability Insurance Agency. The report also recommends that Council write to the General Managers at Blue Mountains and Hawkesbury Councils and the CEO of the Regional Strategic Alliance to thank them for their support for the project and inform them of the successful NDIA application for funding.

Background

Council’s Draft Delivery Program 2017-2021 and Disability Inclusion Action Plan identifies employment as a key disability inclusion priority over the next four years. Council itself aims to provide additional opportunities for employment of people with disability and will develop a revised EEO plan in 2017 incorporating a review of recruitment processes to increase the number of people with disability employed by Council.

 

Council has also committed to:

 

“undertake projects that support local business to increase employment of people with disabilities” (Draft Delivery Program 2017-2021 Disability Inclusion Action Plan – Penrith City Council 2017 pages 14-19)

 

Recognising Council’s broader community leadership role, Council officers have developed the ‘Nepean Jobs For All’ project with the support of key partners including Blue Mountains and Hawkesbury Councils and the Regional Strategic Alliance, a formal alliance of the three Councils in the region. The project seeks to enhance the ‘disability confidence’ of local businesses and large employers and to provide increased opportunities for people with disability to gain employment locally and in the region.

 

The timeframes for the submission of funding applications set by the NDIA for the ILC funding program were very tight and did not allow for prior approval from Council to lodge the Nepean Jobs for All application.

Project Funding: NDIS – Information, Linkages and Capacity Building

The National Disability Insurance Scheme (NDIS) is a new way of providing support to people with disability in Australia. The focus of the NDIS is on a person centred approach to the development of individual plans for people whose permanent disability has a significant impact on their ability to take part in everyday activities.

 

The NDIS also recognises the importance of supporting mainstream organisations, businesses and the broader community to enhance inclusion and improve access for people with disability. The ‘Information, Linkages and Capacity Building’ (ILC) program has been established by the NDIA for this purpose.

 

The objective of the ILC is to find innovative ways to increase the independence, social, and community participation of people with disability The ILC National Readiness program is being trialled and implemented by providing individual grants and project resources. National Readiness Projects must either have a national scope and benefit, or if small and localised they must be able to be replicated in other geographic regions at a larger scale.

 

Council has been successful in being awarded a grant of $95 000 to support the development and implementation of the ‘Nepean Jobs For All’ project.

Nepean Jobs For All – Disability Employment Project

Nepean Jobs For All is a collaborative project involving Hawkesbury and Blue Mountains Councils, the Regional Strategic Alliance, the Australian Network on Disability (AND), the NSW Business Chamber, the Penrith CBD Corporation and the local business chambers, as well as Disability Employment Services providers. Discussion on the project will also be held with St Marys Town Centre Management.

 

Local small businesses and large employers will be invited to participate in a series of network business breakfast forums across the region. Through engagement in the forums and networking, local businesses will be exposed to and inspired by examples of inclusive employment practices and to understand the benefits of promoting diversity and inclusion in their business.  They will also be given practical information about reasonable adjustment and other human resource support they can receive in employing people with disability.

 

The Nepean Jobs For All project will be implemented with the support of local ‘champions’ in each of the three Local Government areas. 

Resources developed with the collaboration of AND for the project will be hosted on Council’s website on a dedicated ‘Nepean Jobs For All’ webpage, for businesses to access as needed.

Council will develop a communication and promotion strategy for the project which will establish a Nepean Jobs For All brand and profile in the region. Media releases about the launch of the project and at key milestones throughout will generate additional community/business awareness of the importance of employment for people with disability and its positive impact on health and wellbeing.

Project Implementation – Next Steps

Council officers are currently completing the contract documentation process to secure the NDIA funding and developing a detailed project plan and timetable to implement the project over the next twelve months. The initial next steps include:

 

·    Formal notification to project partners - Blue Mountains and Hawkesbury Councils and the Regional Strategic Alliance

·    Inception workshop with partners, collaborators and people with disability – to be held on 28 June

·    Complete detailed project plan and timetable

·    Establish a project reference group to build regional ownership of the project and the desired outcomes

·    Identify champions in each LGA for the project

·    Develop a communication and promotion strategy

·    Plan launch event for the Nepean Jobs For All project.

 

It is important that people with disability and local business representatives are involved in the development and implementation of the Nepean Jobs For All project. Council will also commission an independent evaluation of the project to establish the extent of success and its replicability in other regions in Australia. The funds for the evaluation are included in the project budget of $95,000.

Summary

Council has been awarded $95,000 from the National Disability Insurance Agency to establish and develop the Nepean Jobs For All (NJFA) project. NJFA is regional strategic collaboration that aims to enhance the confidence of local businesses and large employers to increase employment opportunities for people with disability in the Nepean region.

 

Council’s Access Committee received a report on the Nepean Jobs For All project at its meeting on 14 June 2017. Council’s initiative in leading this project was well received.

 

In the near future “champions” for the Nepean Jobs for All project will be identified in each of the three LGAs involved in the project.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Nepean Jobs For All - National Disability Insurance Agency Funding project be received.

2.    Council endorse receipt of $95,000 in National Readiness grant funds from the National Disability Insurance Agency (NDIA) under the Information, Linkages and Capacity Building program for the Nepean Jobs For All project.

3.    Council write to the General Managers at Blue Mountains City and Hawkesbury City Councils and the CEO of the Regional Strategic Alliance to thank them for their support for the project and inform them of the successful NDIA application for funding.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

7

Cambridge Gardens Skate Park   

 

Compiled by:               Andrew Robinson, Facilities Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets 

Requested By:            Councillor John Thain

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide and maintain sport and recreation facilities that meet community needs

      

 

Executive Summary

Representation has been received from residents seeking the development of a skate park in Cambridge Gardens. Consultation with the residents group, including young people, as well as Council Officer site investigations has identified that two sites provide the most potential should a skate park be developed in Cambridge Gardens, these being (site maps attached to this report):

 

Land to rear of Cambridge Gardens Public School

 

Land adjacent to/close proximity to Trinity Drive play park and Girl Guides hall.

 

To progress the project further at either of these sites, it is proposed that skate park design consultants are engaged to undertake concept testing for each location to establish which site can best accommodate the type of skate park design required by the community, as well as likely costs of construction. The consultant, as part of this process, would be expected to engage in further consultation with the community. Indications are that to complete consultation and develop concept plans with indicative construction cost estimates a budget of $20,000 will be required.

 

The report recommends that the information about the potential to develop a skate park and possible site locations in Cambridge Gardens be received.

 

Background

 

Council’s existing skate park facilities at Jamison Park (South Penrith), Sherringham Reserve (Cranebrook), Ched Towns Reserve (Glenmore Park) and Mark Leece Oval (St Clair) have been located and developed after consideration of a range of site assessment and design criteria (developed in consultation with young people and the wider community). Other opportunities to skate exist in the City at traditional ‘snake pit’ style facilities including Shaw Park (Cambridge Park) and Monfarville Reserve (St Marys).

 

In considering a location for a skate park Council’s site assessment criteria includes:

 

-     Topography and size of site.

-     Ownership and permissibility of use.

-     Current condition of site and other site constraints (e.g. services, drainage)

-     Current and potential future use of the site, and whether complementary to existing use and other facilities in the location.

-     Environmental constraints (vegetation etc.).

-     Visibility, passive surveillance and safety of location.

-     Accessibility and proximity to public transport, pathway connections, parking, emergency service access.

-     Proximity to amenities (toilets, shops etc).

-     Proximity to residential property.

-     Lighting in the vicinity.

 

Typically, the existing skate parks in the City have cost between $350,000- $450,000 to construct and are around 1,000sqm in size. It is anticipated that these costs will now have increased to between $450,000-$600,000 for similar sized and designed facilities. These facilities are permanent concrete construction.

 

Current Situation

 

Council is currently undertaking the development of a Sport, Recreation, Play and Open Space Strategy for the City which will identify future community recreation facility needs. A first stage of community consultation is about to conclude in this regard. An early ‘snapshot’ review of survey results and general feedback is that the wider Penrith community is interested in further skate facilities being developed in a number of suburbs across the City.  These facilities would also accommodate scooter and bike riding activities. 

 

Prior to the commencement of the project to develop a Sport, Recreation, Play and Open Space Strategy, residents from Cambridge Gardens made representation to Council seeking the development of a skate facility. Meetings have been held with Cambridge Gardens resident representatives, including young people, interested in developing a skate park. At an initial meeting Council Officers outlined the process of site selection for skate parks, as well as other considerations such as consultation required with the wider community and, also, the strategic context for future skate and recreation facility provision.

 

Based on the information provided, the resident group undertook its own site investigations as well as ‘informal consultation’ through resident developed surveys and social media. Concurrently, Council Officers further reviewed site opportunities and skate facility construction opportunities (for example the installation of modular skate parks).

The information collated by all parties has subsequently been reviewed and two sites prioritised. In prioritising these sites it has been recognised that further community engagement is required and that more detailed site investigations need to be completed, including the development of concept designs and indicative construction cost estimates.

 

The two sites prioritised are (site maps are attached to this report):

 

Land to rear of Cambridge Gardens Public School

 

The site is close to the school, offers separation from residential properties, has pathway connections and is close to both car parking and a bus route.

 

Passive surveillance, topography and shade will need to be addressed through design. There is a distance from amenities – toilets, shops etc. although these facilities are walkable. The site will be slightly disconnected from the existing play park.

 

Land adjacent to/close proximity to Trinity Drive play park and Girl Guides hall.

 

The site is close to the school, pathway connections and lighting and play park; it has favourable topography and passive surveillance; and in terms of accessibility is adjacent to car parking and close to a bus route.

 

It is acknowledged that the site is close to residential properties and that there is a distance from amenities – toilets, shops etc, although walkable. Design would also need to address proximity to vegetation and ensure safety of users with barriers to Trinity Drive being included.

 

Other sites proposed and considered included:

 

Lewis Road (behind Overlander Motel), Cambridge Gardens

Land behind Cambridge Gardens Coles, Cambridge Gardens

Jim Anderson Reserve, Brookfield Avenue, Werrington Downs 

Werrington Lakes, Werrington

Parkes Avenue/Rance Oval, Werrington

Namatjira Tennis Courts, John Batman Avenue, Werrington County

 

Each of these sites has been considered to present a greater range of limitations than the two shortlisted sites including, distance to travel and barriers to access (major roads etc.), passive surveillance, perception of safety of sites, and proximity to residential properties.

 

Financial Services Manager’s Comments

 

The engagement of a skate park design consultant for the purpose of undertaking further community consultation, as well as to develop the most appropriate design, construction methodology and indicative costs of a skate park in Cambridge Gardens will allow Council to be best placed to evaluate future resource requirements if a project is to proceed.

 

There is no current budget allocation to enable to appointment of a consultant and, should the Council wish to proceed with further site investigations, a budget of $20,000 will need to be identified. Furthermore, no budgets have currently been allocated for the future design and construction of skate parks in the City.

 

Conclusion

 

The nearest skate facilities for the community of Cambridge Gardens to access is Sherringham Reserve, Cranebrook or the older style ‘snake pit’ facility at Shaw Park, Cambridge Park. 

 

In nominating the prioritised sites, it is recognised that should a skate park be developed in Cambridge Gardens then the facility is likely to provide a more local neighbourhood skate facility option compared to the size of those provided at Jamison Park, Glenmore Park, St Clair and Cranebrook. 

 

It is therefore proposed that a skate park design company be engaged to offer technical advice as to be what is possible at each of the two prioritised sites, and to develop concept designs with associated indicative construction costs for the best location. This would include analysis of the whether an in situ concrete design skate park, or the development of a modular design provides best value for the locations.  In addition, as part of this process, it would be expected that further consultation with the community would be completed.

 

Future need for, and identification of need strategic locations for skate parks/youth recreation facilities, as well as other recreation and play facilities, will be further established through the completion of Council’s Sport, Recreation, Play and Open Space Strategy during the course of the next 10 months.

 

 

RECOMMENDATION

That the information contained in the report on Cambridge Gardens Skate Park be received.

 

 

ATTACHMENTS/APPENDICES

1.

Potential Skate Park Locations - Cambridge Gardens

1 Page

Appendix

  


Ordinary Meeting                                                                                                                26 June 2017

Appendix 1 - Potential Skate Park Locations - Cambridge Gardens

 

PDF Creator

 


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

8        Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors                                                                                                                        51

 

9        Adoption of Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan; and Confirmation of Organisational Structure               53

 

10      Write off of unrecoverable Sundry Debtor accounts                                                        66

 

11      Licence Agreement with The Scouts Association of Australia NSW Branch over 1st Erskine Park, 1st South Penrith and 1st St Marys Premises                                                       69

 

12      Summary of Investments & Banking for the period 1 May 2017 to 31 May 2017           75

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                   26 June 2017

 

 

 

8

Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

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

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy). The Mayor, Deputy mayor and Councillors are entitled to be paid fees, to receive reimbursements for expenses and to be provided with facilities to assist with the carrying out of their civic duties (within reason) in agreement with such a policy.

 

Council’s staff have reviewed various guidelines from the Office of Local Government (OLG) for any suggested amendments that Councils should incorporate within their Section 252 Policies. The most significant change to this policy from recent amendments to the Act is the requirement to move from an annual review to only one review within the first 12 months of each term of a council. Other amendments to the 252 Policy relate to the inclusion of legislative and governance requirements, definitions, updating of figures and costs taking into account the latest CPI figures released for the 2016/2017 financial year, current information technology (IT) equipment provided to the Mayor, Deputy Mayor and Councillors, the Mayor and Councillor Claim for Expense Form (Appendix A) and an updated summary of financial limits for specific expenses table (Appendix B). No other significant changes have been proposed.

 

The draft 252 Policy was reported to the Policy Review Committee Meeting held on 8 May 2017, where a decision was made to advertise the draft 252 Policy in accordance with section 253(1) of the Act. The attached 252 Policy was publicly exhibited and no public submissions were received from the public. The report recommends that the Council adopts the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

Background

In accordance with section 252(1) of the Act Council must:

 

Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

 

Council has previously received advice from the OLG which indicated that Council’s current 252 Policy is a sound policy which was consistent with legislation and the guidelines.

 

Council must comply with the provisions of the Act each term, even if it proposes to adopt a 252 Policy that is the same as its existing 252 Policy. Accordingly, Council advertised its intention to adopt the draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors in the Western Weekender for a period of 28 days with submissions closing on 16 June 2017. The draft 252 Policy was also advertised on Council’s website.

 

The report to Council’s Policy Review Committee Meeting recommended that Council’s current Policy be amended consistent with the staff recommendations to ensure that it remains contemporary and is consistent with the OLG guidelines.

Current Situation

The notification period for advertising the draft section 252 Policy has now concluded and no submissions were received.

 

Council’s staff have reviewed the current guidelines provided by the OLG and are of the opinion that the Council’s draft 252 Policy that it resolved to advertise on 8 May 2017 is consistent with these guidelines.

 

At the 8 May 2017 Policy Review Committee meeting amendments to the current 252 Policy comprised of the inclusion of legislative and governance requirements, definitions, updating of figures and costs taking into account the latest CPI figures released for the 2016/2017 financial year, current IT equipment provided to Mayor, Deputy Mayor and Councillors, the Mayor and Councillor Claim for Expense Form (Appendix A) and an updated summary of financial limits for specific expenses table (Appendix B).

 

Conclusion

The Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors is required to be reviewed within the first 12 months of each term of a council. It is considered that the draft 252 Policy has now gone through a consultative process and has met all legislative requirements in terms of notification.

 

Given that there were no submissions received during the notification period of the Council’s draft 252 Policy and that the draft 252 Policy is consistent with OLG guidelines, it is considered that the 252 Policy should be adopted by the Council.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors be received.

2.     Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors accompanying this report.

 

 

ATTACHMENTS/APPENDICES

1.

Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors Policy

22 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

9

Adoption of Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan; and Confirmation of Organisational Structure   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Budget Accountant

Allegra Zakis, Corporate Planning Coordinator

Matthew Saunders, Rates Coordinator

Authorised by:            Alan Stoneham, General Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

Council is required to prepare and adopt a new Community Strategic Plan, Delivery Program (including Operational Plan) and also present an Organisational Structure to the Council by 30 June following a local government election, and the General Manager is required to present an organisational structure within 12 months of the election.  The Community Plan and Delivery Program 2017-21 set the direction and priorities for the term of Council, with the Operational Plan 2017-18 acting as a sub-set of the Delivery Program and describing the specific actions Council will undertake during this year.  The structure of the organisation is set to ensure that we are well placed to deliver the services outlined in these plans for the next four years.

 

The Community Plan, 2017-21 Delivery Program, 2017-18 Operational Plan and Fees and Charges were presented to Council for exhibition on 1 May 2017 and were placed on exhibition, under Section 405(2) of the Local Government Act 1993, from 9 May 2017 to 7 June 2017. Eleven submissions were received during the exhibition period – 8 surveys and 3 individual submissions. 

 

There were a small number of budget adjustments required to be made to the Delivery Program 2017-21 (incorporating the Operational Plan 2017-18) such as the inclusion of the March 2017 revotes and the fine-tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Attachment 1. A balanced budget is proposed for 2017-18 after incorporating these adjustments.

 

This report seeks Council’s adoption of the revised Community Plan; 2017-21 Delivery Program; 2017-18 Operational Plan and Fees & Charges, approval for the expenditure of the budget outlined in this report and to endorse the Making of the Rates and Charges for 2017-18 under Section 535 of the Local Government Act.  The Resourcing Strategy has also been reviewed to ensure it is consistent with the Community Plan and the Delivery Program, and is also presented for adoption.  The strategic planning documents will be provided as separate enclosures, and will also be available on Council’s website.

 

 


 

Organisational Structure

Under the provisions of the Local Government Act, the General Manager is required to present an organisational structure to the Council within 12 months of the election.  The structure of the organisation has been reviewed over the past two years with an aim to improve the efficiency of service delivery and reduce costs.  These changes have been discussed in detail with Council and staff during this time.  Attachment 3 to this report summarises the Divisions, Departments and Functions that will be in place for the next four years, with the detailed structure included in the Delivery Program 2017-21. 

 

The majority of structural change came into force on 1 July 2016.  This included reduction of Assistant General Managers from 2 to 1 (Craig Butler) and creation of the Chief Operating Officer role, performed by Vicki O’Kelly who also holds the position of Executive Manager Community.  Other Executive Manager positions are Chief Governance Officer (Stephen Britten); Chief Financial Officer (Andrew Moore); City Assets (Brian Steffen); City Planning (Kylie Powell); Environment and City Development (Wayne Mitchell) and People and Capability (Sandy Davies).  Some Departments were realigned under different Executive Managers at the time to better distribute workload and recognised synergies between departments. 

 

The biggest structural changes have occurred within the City Assets Division, where internal responsibilities have changed significantly to increase efficiency of service delivery, allow for increased focus on asset management and provide a single point of contact for all customers using Council facilities.  Given the complexity of this change it has taken some time to finalise the detail of the City Assets structure and confirm exact responsibilities, resourcing and budget allocations.  The majority of this work is now complete, however some details, particularly around resource allocation, are still being finalised. 

 

A list of each Division, and the Services / Departments and Functions within each is attached as Attachment 3.  This structure is reflected in the Delivery Program 2017-21. 

 

The General Manager believes that this structure is well placed to deliver results for both the community and the organisation on the long term goals and strategies in a time of unprecedented opportunity for Penrith.  Over the next twelve months, however, a number of initiatives are being advanced which are critical to delivering on the priorities Council identified as the beginning of its term.  To ensure that the organisation is best placed to support Council’s expressed aspirations for the City during this period it is proposed to implement a short term re-alignment of priorities and responsibilities within 3 of the Divisions to provide leadership for the focus areas of:

 

·    Productivity - delivery of productivity initiatives and solutions

·    Property - responding to opportunities related to Council’s Property Portfolio

·    People – supporting our staff and building the values based organization that we need to be a leader in local government over the longer term

 

Three Executive Managers are affected by this temporary realignment - the Executive Manager Community and COO (EMC); the Chief Financial Officer (CFO); and the Executive Manager People and Capability (EMP&C).

 

The EMC will temporarily lead the Innovation Performance teams, with the Information Communications and Technology Department and Corporate Planning Team also moving into this Division to support this initiative.   This will allow the CFO to focus on key property projects including provision of a decked car park, Union Road project, City Park, CBD transformation and the Surplus Land Re-investment project.

 

The EMP&C will lead the cultural change already underway with a focus on embedding the values, improving communication (including rolling out training in critical conversations); responding to the results of the recent Employee Engagement Survey and ensuring that we have a culture that embraces opportunities.  Children’s Services, a significant component of our workforce that already works closely with People & Capability will move to the EMP&C’s Division as part of the temporary realignment of responsibilities. 

 

The next twelve months’ present great opportunities for our City, and it is important that as an organisation we are able to be flexible in our structure to allow us to deliver the greatest benefit possible over this time.  Councillors have been very clear on what they wish to see delivered for our community during their current term.  The General Manager believes that while the permanent structure outlined in this report and reflected in the Delivery Program will provide the greatest long term benefit, temporarily changing some reporting lines to build on natural synergies and allow greater focus in priority areas will ensure Council is best placed to deliver on the stated commitments. 

 

Resourcing Strategy

The Resourcing Strategy, including the Asset Strategy, the Workforce Strategy and the Long Term Financial Plan, was revised and adopted in April 2016 as part of Council’s application for a Special Rate Variation.  The Assets Strategy and Long Term Financial Plan were the focus of this update, with less substantial revisions made to the Workforce Strategy. 

 

The Resourcing Strategy has been revised again as part of the preparation of the Community Plan and 2017-21 Delivery Program, with a focus on the Long Term Financial Plan (to reflect the Special Rate Variation) and the Workforce Strategy. As the Asset Strategy was adopted recently, and given the structural changes in the City Assets Division it is more efficient to re-adopt the April 2016 version and update it in the next 12 months.  This will allow incorporation of the findings of the Cemeteries Review, Neighbourhood Facilities Review and Sport, Recreation, Play and Open Space Strategy, all of which will influence Council’s asset management over the coming years. 

Public Exhibition

The draft Community Plan, Delivery Program 2017-21 (incorporating the 2017-18 Operational Plan) and the 2017-18 Fees and Charges were exhibited from 9 May to 7 June 2017.  The public exhibition process included an optional survey and encouraged community feedback on all documents. 

 

The exhibition was promoted through advertisements in the local papers, postcards at all libraries and handed out at other Council engagement activities and Council’s website. During the exhibition period the community had the opportunity to view and comment on the draft Plans, and copies of the draft Plans were available through Council’s central online engagement portal - www.yoursaypenrith.com.au. Copies of the draft Plans were also available at the Penrith Civic Centre, the Queen Street Centre, St Marys and Council’s libraries.

 

An analysis of the activity on the website during the exhibition period shows there were:

 

·    a total of 386 visits to the site

·    253* ‘aware’ visitors (i.e. someone visited the project page)

·    189* ‘informed’ visitors (i.e. someone looked at additional information on the project page such as the FAQ sections or timeline),

·    324 downloads of the documents, and

·    Eight* ‘engaged’ visitors (i.e. someone has actively used the project page such as asking a question through the question tool). (Refer Figure 1 below).

*A single participant can perform multiple actions

 

Figure 1 Visits Summary to online portal during exhibition of the draft plans

 

A total of 8 surveys were submitted through the website and an additional three individual submissions were made the to the exhibition.  Issues raised are discussed below:

Survey responses

The survey covered the Community Plan, Delivery Program, Operational Plan and Fees and Charges.  Questions were structured to allow respondents to provide general feedback on the outcomes and also raise any specific issues with any of the documents.  The survey asked three general questions about the Outcomes and reporting.  Answers are shown below:

 

 

 

 


 

These responses both confirm previous survey information that the Outcomes are still relevant for the community, and will also provide a good starting point for our review into communication with the community.

Priorities

The survey also asked for comments around the four Councillor identified priorities of Development Applications, more footpaths in established areas, better infrastructure in hot spots, and communication.  Survey responses also identified roads and parking, particularly around the CBD, waste management and more opportunities for recycling. 

Comment:

Council has been aware of the need for additional parking in the Penrith City Centre for some time and although significant progress has been made on the delivery of a decked carpark, provision of parking in the Penrith City Centre will remain a challenge until such time as this carpark is operating.  Council has recently completed construction of additional parking at Thornton and an additional 115 spaces near the tennis courts on Castlereagh Road, with another 160 spaces to come later this year.  On 1 May Council also considered a report on temporary parking at the Penrith Paceway until such time as the multi-deck carpark construction is complete.  Additional parking pods to monitor turnover and temporary car parking near the tennis courts will also assist in the short term. 

Projects

The survey also asked for comments around the four key projects of Gipps St, Regatta Park, the City Park and the multi-deck carpark in the Penrith City Centre.  Survey responses raised local roads within 2kim of the CBD, pathways and overall maintenance of public areas as issues.  Concern was also raised around the viability of Regatta Park as an event location.

Comment:

Council’s existing roads and pathways programs will address issues around the Penrith City Centre over the next four years, with additional focus already being placed on pathways, particularly in established areas, as part of responding to identified priorities.  Likewise, amenity of our public spaces will be addressed through normal annual programs.  A better way of measuring our performance in these areas is planned to be developed in the coming year, to help inform a review of service levels and the updating of asset management plans.  Although the Regatta Park masterplan includes a stage that can be used for events, the masterplan overall is about improving access to and use of the River at Regatta Park on a day to day basis, which will generate significant community benefit. 

Other comments

Four respondents also left general comments as part of completing the survey. 

 

1.   Council needs to communicate better and be more active in talking to the community. 

 

This was also identified as a Councillor priority and there is a 2017-18 action included in the Operational Plan around finding better ways to engage with and seek feedback from the community.  Feedback from the survey around preferred ways to keep up to date will be considered during this process. 

 

2.   The SRV should not be spent on graffiti removal, as graffiti removal was included in the budget prior to the most recent SRV. 

 

Enhanced graffiti removal was funded through the AREAS SRV from 2006 to 2016, and will continue to be funded through the renewal of the AREAS SRV from 2016 onwards.  There is no allowance for graffiti removal in the additional SRV. 

 

3.   Litter is a big problem, particularly in areas that are seeing significant construction work. 

 

Finding a better way to measure our performance in maintaining public amenity is already planned, as is a campaign for new release areas around unauthorised activity. 

 

4.   The rental rate for Thornton community hall for Thornton community group should be subsidised or waived. 

 

This was also raised as an individual submission and is answered under ‘individual submissions’. 

 

Individual submissions

Nepean Blue Mountains Local Health District

The Nepean Blue Mountains Local Health District submission supported Councils recognition of the importance of physical and mental health, inclusion of measures around community health and strategies to build a resilient Penrith.  The submission requested that Council consider doing more to encourage healthy food choices and reduce risky behaviour (alcohol and sugary drinks) and consider using the Healthy Urban Development Checklist as part of our strategic planning process.

Comment: 

Council has recognised our role in contributing to the health of our community through the strategies, actions and measures in our strategic planning documents.  Opportunities to help our community and our staff make choices that lead to better health will continue to be identified, and there may be more specific actions that can be taken when running events, liaising with community groups and undertaking planning that can be incorporated Council’s activities.  In May 2017 Council, the Nepean Blue Mountains Local Health District and the Nepean Blue Mountains Primary Health Network signed “Principles of Collaboration” - a joint agreement that outlines the principles on how we will work together and also includes a Penrith LGA Health Action Plan. This agreement and the action plan provide a strong foundation from which the additional projects raised in this submission can be considered and addressed. 

 

Nepean Community and Neighbourhood Services

Nepean Community and Neighbourhood Services have requested that Council waive the fee for hire of Thornton Hall by the Thornton Community Group and review hiring costs for new community groups in general.

Comment:

The proposed 2017-18 hire fee for Thornton Hall for not for profit organisations is $14 per hour, consistent with other halls across the City.  There are options for incorporated community groups to apply for a one off Community Assistance Program (CAP) grant to support their activities which can include assistance with hall/centre hire.


 

Disability Inclusion Action Plan

A submission raised concern that the Disability Inclusion Action Plan specifically references “review the accessibility of Council’s front counter” but is unclear on reviewing the accessibility of other customer contact points. 

Comment:

The front counter is Council’s primary face to face contact point when helping customers (excluding library customers) and is the focus for improving accessibility within this term, which is why it is specifically reflected in the Disability Inclusion Action Plan.  In the interim, the accessible counter has been reinstated meaning we are now more able to easily assist customers in mobility scooters and wheelchairs. 

Overall, Council will continue to look for opportunities to improve accessibility in all buildings and facilities as they arise.  This is reflected in other DIAP priorities including ‘Implement the adopted program for the roll out of bus shelters that are compliant with the DDA’ and ‘Accessible infrastructure improvements are incorporated into asset management plans’.  As another key point of contact with our community, ‘Improve the accessibility of Council’s website’ is also a DIAP priority.   The Operational Plan is updated annually so our progress against the DIAP priorities, along with any new priorities which emerge, will be updated as part of this process. 

No changes were made to the Operational Plan as a result of the exhibition, however some changes were made following internal consultation. These are listed below:

1.   Budget adjustments as outlined in the following section

 

2.   Organisational structure and service accountabilities have been updated to reflect recent structural changes and staff appointments. These changes reflect the structure outlined in Attachment 3.

 

3.   Other minor changes to correct typographical and spelling errors.

 

Changes to Operational Plan - Budget Adjustments

The financial estimates included in the exhibited revised Delivery Program 2017-21 (incorporating the Operational Plan 2017-18) were based on the best information that was available at the time. During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has emerged.

 

The exhibited draft Delivery Program 2017-21 (incorporating the Operational Plan 2017-18) presented a balanced budget. During the Exhibition period a small number of adjustments have been made and a balanced budget will still be achieved should the Council choose to adopt all the proposed recommendations contained within this report.

 

At the Ordinary Meeting on 22 May 2017, Council adopted the March 2017 Quarterly Review which included revotes totalling $1.9m for capital works and $1.8m for operational works. The revised Delivery Program 2017-21 (incorporating the Operational Plan 2017-18) now incorporates these revotes.

 

Provided in Attachment 1 is a complete list of all budget changes that have occurred during the exhibition period. The more significant changes to the budget not previously reported to Council are detailed below with their impact on the budget surplus, with the impacts – favourable (F), unfavourable (U), allocation (A) – indicated where applicable.

 

Employee Costs – (increase of $72,374 U)

The majority of this update to Employee Costs relates to Market Force Allowances in the Development Services and Compliance areas which came into effect in May 2017. Further variances relate to productivity initiatives commenced in 2016-17 which have an ongoing impact on this area.

 

New Award increase negotiations are continuing into June 2017 with the following proposed increases for the Local Government Award 2017 currently being reviewed by Union members:

·    2.35% or a minimum increase of $20.40 pw from first full pay period in July 2017

·    2.5% or a minimum increase of $21.80 pw from first full pay period in July 2018

·    2.5% or a minimum increase of $22.30 pw from first full pay period in July 2019

 

If the majority of Union members vote in favour of the proposed award it is expected to be ratified in the Industrial Relations Commission on the 30th June to come to effect on 1 July 2017.  Once ratified, any variation to the 2.5% increase estimated in the 2017-18 Budget will be incorporated into the September 2017 Quarterly Review.

 

Emergency Services Contribution – (increase of $28,266U)

The 2017-18 Penrith City Council Contribution has now been advised by the Office of State Revenue and the budget has been adjusted accordingly.  The total Emergency Services Contribution for 2017-18 is $1,842,937, compared to an actual contribution of $1,871,203 for 2016-17.

Transfer to Reserve – (reduction of $40,428 A)

A balanced budget for 2017-18 budget is presented tonight. Within this balanced budget it is proposed to retain an amount in Council’s internal reserves to provide for any significant movements that may arise in the current assumptions. This strategy provides capacity to respond to variations that may occur in assumptions and estimates within the 2017-18 budget, address emerging priorities in future quarterly reviews, and make provision for future year projects. The draft 2017-18 budget included an allocation of $615,852 to Reserve to provide for changes in assumptions or emerging priorities in 2017-18. Changes on Exhibition have reduced this transfer to Reserve by $40,428 to $575,424.

 

Glenmore Park Stage 2 – Voluntary Planning Agreement (VPA) Affordable Housing and Employment Contributions – decrease of $392,141 – no effect

The contribution for both Affordable Housing and Employment from Glenmore Park Stage 2 is dependent on development of the estate. A recent review revealed that under the terms of the VPA only one active development application would likely trigger a contribution payment for Employment and no contribution for Affordable Housing would occur in 2017-18.

Christie Street Bridge - Bridge Expansion Joints – Increase of $180,000 – no effect

Following scheduled maintenance works along the two bridges on Christie Street St Marys, it was identified that the bridge expansion joints require replacement. All 21 joints have been rated as “below good condition” by Council asset engineers. The proposed works will involve renewing the bridge deck joints and resurfacing the deck area. Initial quotes were received which indicated that the works will need to go to tender. The project is funded from Council’s Restoration Reserve and therefore has no effect on the 2017-18 budget.


 

Blaxland Crossing Repair Contribution – Decrease of $92,727 – no effect

This project is being completed in partnership with Wollondilly City Council. Delays in awarding the contract tender in necessitated the Revote of funds into 2017-18 as the project was rescheduled for completion in the second half of 2018. Since this Revote however, actual contributions have been made before the 30 June 2017 for services rendered which has required this project budget to be reduced in 2017-18 and increased in 2016-17.

Domestic Waste Income – Increase of $2,447,559 – no effect

This variation to the Draft 2017-18 budget brings predicted Domestic Waste income and the associated transfer to Domestic Waste Reserve into line with the information already provided in the Draft 2017-18 Fees and Charges on Exhibition regarding annual charges.  This adjustment to budget represents no alteration to the proposed annual Domestic Waste charges detailed in the Draft 2017-21 Delivery Program.

S94 projects - Increase of $287,940 - no effect

Following the prioritisation of outstanding works identified in the Local Open Space s94 plan, a further allocation of $287,940 has been made to various projects. Works were prioritised with consideration of areas experiencing higher levels of residential growth while also maintaining equity across the city. This brings the total allocations from the Local Open Space s94 plan to $897,012.

Property Development Reserve – Increase of $2.9m – no effect

The majority of this variance to the Property Development Model relates to updating the predicted timing and dollar value of purchases and sales with the most current information. This includes capital expenditure in relation to Dunheved Links Road which has been removed at this stage from 2017-18 with revised estimates to be incorporated into the first quarterly review once the scope of works required is clarified.

 

Entities budgets

All entity budgets have now been received and updated in the final 2017-18 Budget. Included in the 2017-18 entity budgets is the following Council subsidy:

§ Penrith Aquatic and Leisure Ltd total of $1.055m (2016-17 - $0.955m)

§ Penrith Performing and Visual Arts - total of $1.638m (2016-17 - $1.614m)

§ Penrith Whitewater Stadium Nil (2016-17- Nil)

 

Other – ($23,680 F)

Other variations totalling $23,680 (favourable) have combined with the above budget variations to maintain a balanced budget.

Productivity Initiatives

The financial strategies developed over the past two years rely not just on the 2016-17 Special Rate Variation (SRV), but also on reform within the organisation’s processes, systems, procedures, culture and structure.  Reform in these areas has already commenced and will continue over the next 2-3 years.  The organisation aims to match the funds from the 2016-17 SRV with savings from better ways of doing things, harnessing technology improvements, implementing new systems and reviewing service delivery. These savings will provide the capacity to continue to service our growing City ensuring the 2016-17 SRV funds are directed towards the City shaping and future-proofing priorities.

The September and December 2016 Quarterly Reviews identified productivity savings of $2,391,067. In conjunction with the March 2017 Quarterly Review process, further productivity initiatives have been identified, investigated, confirmed and included in the budget resulting in additional savings of $44,558 which brings the total savings for 2016-17 to $2,435,625 (as per the March 2017 Quarterly Review) exceeding our original annual target of $2,143,964.

The productivity initiative target for 2017-18 included in our 2016-17 SRV application is $4,004,346 and the original budget includes a total of $2,876,195. To support achieving this target the Innovative Business Improvement Project Teams have recently established to improve service delivery and organisational effectiveness with funding from the Productivity Initiatives Reserve. The project aims to improve service delivery and organisational effectiveness by identifying and delivering value-adding improvements to Council’s processes. The project will involve collaboration across the organisation and the introduction of effective “Lean”-based tools and techniques to staff and managers to support improvements in business performance and manage Council’s Work Specifications Program and Resource Allocation Process.

Changes to Fees and Charges

 

During the exhibition period the following changes have been proposed to the draft 2017-18 Fees and Charges:

 

·    Several Development Application minimum fee conditions have been updated to correspond with the revised fee amount for 2017-18.

·    The Office of Local Government announced the Interest rate on overdue rates (7.5%) and Section 603 certificates ($80.00)

Provided in Attachment 2 is a list of these proposed changes.

 

The Making of Rates and Charges for 2017-18

Each year Council must determine a rating policy for the next financial year. The Local Government Act 1993 provides for a number of rating structures that ensure Councils have the flexibility to develop a structure that best provides equity for their Local Government Area. Council’s current structure is an ad valorem rate with a minimum amount, based on the land value of the property as determined by the NSW Valuer-General. Council’s Rating Policy was considered in some detail during the development of the 2017-18 Budget. Councillors considered the rating structure options available and endorsed the continuation of the existing ad valorem with a minimum rating at the Finance and Economic Opportunities Working Party on 22 February 2017.

 

It is required that Council make the Rates and Charges for 2017-18 under Section 535 of the Local Government Act 1993. This is in conjunction with the adoption of the 2017-18 Operational Plan and 2017-18 Fees & Charges are both being considered with this report at tonight’s Council meeting.

 

The proposed Rates and Charges include the % increase approved by IPART for 2017-18. This report recommends that the information be received and that the 2017-18 Rates and Charges be made as detailed in the report.

 

The following resolutions need to be formally adopted by the Council to make the Rates and Charges for 2017-18.

 


 

Ordinary Rate

The proposed Residential, Business and Farmland rates for 2017-18 are to be charged in accordance with Section 535 of the Local Government Act 1993 as follows:

 

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1.007.00

0.343687

Farmland

$1,007.00

0.1718435

Business

$1,214.15

0.61189

Business subcategory – Penrith CBD

$1,214.15

0.69449

Business subcategory – St Marys Town Centre

$1,214.15

0.940774

 

Stormwater Charges

The Stormwater Management Service charge proposed to be applied on all urban residential and urban business land is outlined below. This is in accordance with Council’s Policy outlined in the 2017-18 Operational Plan and Fees & Charges (except land which is exempt from the Stormwater Management Services charge as outlined in Section 496A of the Local Government Act 1993).

 

For the 2017-18 year, the proposed charges are:

 

·    Residential non-strata properties

$25 per annum

·    Residential strata properties

$12.50 per annum

·    Urban business properties

$22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres.

 

Domestic Waste Charges

Domestic Waste Service charges are proposed to be applied to each parcel of rateable land for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2017-18 Operational Plan and 2017-18 Fees & Charges.

 

Effluent Charges

It is proposed that the annual charges for effluent removal services are applied to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2017-18 Operational Plan and 2017-18 Fees & Charges. Additional pump-out services are subject to an additional charge at the amounts specified in the 2017-18 Operational Plan and 2017-18 Fees & Charges.

 

Interest

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, it is proposed that an interest charge of 7.5% per annum as permitted by the Minister for Local Government be used for 2017-18.

 

Pension Rebate

In addition to the mandatory pensioner rebate under the Local Government Act, 1993, it is proposed that Council will provide a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993.

Fire & Emergency Services Levy (FESL)

The NSW Government had planned for the Fire & Emergency Services Levy (FESL) to be levied and collected by Councils from 1 July 2017, however on 30 May 2017 the NSW Government announced that the implementation of the FESL was to be indefinitely delayed. This means that no FESL will be included on rates notice issued in July 2017.

Conclusion

This report seeks Council’s adoption of the draft documents (with proposed changes outlined in this report and the associated attachments), following Council’s consideration of the submissions and the budget variations proposed for 2017-18.  This includes the new organisational structure which is outlined in the Delivery Program. 

 

Once Council adopts the revised Delivery Program 2017-21 (incorporating the 2017-18 Operational Plan and Fees & Charges), the adopted Plan will be available on Council’s website within 28 days as outlined in the Local Government Act 1993 section 405(6).

 

The documents provide a clear commitment to a shared vision for our City’s future and provide a solid foundation that will be built upon in subsequent reviews.

 

This report also recommends that that Council make the Rates and Charges for 2017-18 under Section 535 of the Local Government Act 1993, as detailed in this report.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Adoption of Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan; and Confirmation of Organisational Structure be received.

2.    In accordance with the Local Government Act 1993 under section 405, Council adopt Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan, including any amendments made at tonight’s meeting; and any additional minor corrections

3.    Council adopt the following to make the Rates and Charges for 2017-18:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2017-18 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1.007.00

0.343687

Farmland

$1,007.00

0.1718435

Business

$1,214.15

0.61189

Business subcategory – Penrith CBD

$1,214.15

0.69449

Business subcategory –

St Marys Town Centre

$1,214.15

0.940774

b.    Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge as detailed in the report in accordance with Section 496 of the Local Government Act 1993 and the 2017-18 Operational Plan and 2017-18 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2017-18 Operational Plan and 2017-18 Fees & Charges.

e.    Interest: Council make the interest charge of 7.5% per annum for 2017-18 as allowable under Section 566(3) of the Local Government Act 1993.

f.     Pension Rebate: Council provide a voluntary rebate under Section 582 of the Local Government Act 1993 in addition to the mandatory pensioner rebate. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property, and include pro-rata calculations according to Sections 575 and 584 of the Local Government Act 1993.

4.    Service of Rate Notices: The General Manager is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council.

 

 

ATTACHMENTS/APPENDICES

1.

2017-18 Operational Plan - Proposed amendments

3 Pages

Attachments Included

2.

Fees & Charges amendments

1 Page

Attachments Included

3.

Summary of Divisions, Departments and Functions

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

10

Write off of unrecoverable Sundry Debtor accounts   

 

Compiled by:               Alison Johns, Sundry Debtor Clerk

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

Council raises numerous Sundry Debtor invoices for income owed to Council for a variety of goods and services provided by Council including commercial rent, sporting field hire, cemetery fees, government grants, health inspections and road restorations.

 

In the period 1 July 2016 to 31 May 2017 approximately 3,745 invoices were raised totalling $14.8 million.

 

As part of Councils normal financial management practices, periodically a debt or part of a debt is determined to be unrecoverable, despite undertaking extensive processes of internal and external debt recovery action.

 

Outstanding Sundry Debtor accounts as at 31 May 2017 were reviewed by Council staff and a number of accounts have been highlighted as ‘doubtful debts’.  Specifically, the review process highlighted five debts totalling $16,612 as having no reasonable prospects of recovering the debt or that any further recovery action would not be cost effective.

 

All reasonable steps have been taken to recover these debts however, these five accounts are deemed unrecoverable and as such are now being recommended to the Council for write off.

 

Writing off these outstanding monies does not preclude Council from collecting these debts should Council be able to do so in the future however, for the purpose of fairly presenting the Councils financial position it is prudent to periodically recognise certain debts for write off.

 

Background

Under regulation 213 (5) of the Local Government (General) Regulation 2005 a debt can be written off only:

 

(a) if the debt is not lawfully recoverable, or

(b) as a result of a decision of a court, or

(c) if the council or the general manager believes on reasonable grounds that an attempt to recover the debt would not be cost effective.

 

Regulation 213(6) states:

 

The fact that a debt is written off under this clause does not prevent the council concerned from taking legal proceedings to recover the debt.

Sundry debts recommended for write off

Five debts totalling $16,612 have been identified as having no reasonable prospects of recovering the debt or further debt recovery action would not be cost effective.  Where appropriate, legal action was instigated on these accounts however all avenues for recovery have been exhausted and any further debt collection attempts would not be viable or effective. 

 

Table 1.0 below outlines the individual circumstances of these debts which are now being submitted for write off.

 

Table 1.0: Sundry debts recommended for write off as at 31 May 2017:

Date of Invoice/s

Debtor name

Amount for Write off

Sundry Debt Description

Reason write off recommended

April 2008

Fruitana Pty Ltd

$3,600

Removal of tree by Council due to non-compliance of an Order 21 under Section 124 of the Local Government Act 1993 (NSW)

Fruitana Pty Ltd was dissolved on 16 April 2010 and the Director of this company cannot be located. This prevents further recovery action from taking place.

December 2012 to July 2015

Red Bean Café -Mark Boreham

$5,046

Rent for the Red Bean Cafe

Legal action was initiated and Judgement was signed in the Local Court on 23 July 2015. However, any further recovery action would not be effective  as Mr Boreham does not own property and appears to have no fixed address or bank account.

April 2013 to February 2015

Theodore Vidiniotis - Theo's Charcoal Chicken Hot Food & Salads

$2,068

Health inspections and annual administration charge

Legal action was instigated however a notice of non-levy was received from the Sheriff’s office in relation to the Writ of Execution that was issued in February 2015.  Further legal action is not viable as this business has since closed and the whereabouts of Mr Vidiniotis is unknown.

February 2015

Orthodox Funeral Service

$3,815

Fees for a burial at Penrith General Cemetery in February 2015

Debtor defaulted on all payment arrangements.  Legal action cannot be taken as the operator of this business cannot be positively identified.

March 2013 to February 2017

Fareen Naaz Khan

$2,083

 

Non-payment of advertising and notification fees for a development application

Legal action commenced and Judgement was signed in the Local Court on 1 February 2017. Further legal action is not viable.

Total:

 

$16,612

 

 

 

 

Financial implications

Council has already made financial provisions for the write off of these Sundry Debts in its annual financial statements in previous years, which reflected the probability that these accounts would not be recovered and therefore the write off will not have a financial impact if this recommendation is endorsed.

 

Conclusion

Council staff have reviewed outstanding Sundry Debtor accounts as at 31 May 2017 and are satisfied that five debts totalling $16,612 require write off as prescribed in regulation 213 (5).

 

The recommendation to write off these Sundry Debtor accounts is based on the conclusion that the debts have no reasonable prospects of recovery or any further recovery action taken would not be cost effective. 

 

As all reasonable steps have been taken to recover these debts the above five accounts are deemed unrecoverable and as such are now being recommended to the Council for write off.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Write off of unrecoverable Sundry Debtor accounts be received.

2.    The five sundry debts totalling $16,612 outlined in this report be written off.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

11

Licence Agreement with The Scouts Association of Australia NSW Branch over 1st Erskine Park, 1st South Penrith and 1st St Marys Premises    

 

Compiled by:               Alison Randall, Property Management Officer

Authorised by:            Angus Fulton, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

 

Previous Items:           Council Property - Leasing of parts of "Community" land under Council's Plan of Management to Scouts Australia NSW - Ordinary Meeting - 25 Nov 2013      

 

Executive Summary

The purpose of this report is to seek Council’s approval in granting a new Licence Agreement to The Scouts Association of Australia NSW Branch over three Council-owned sites known as Part 13 Bennett Road, Colyton, Part 70 Glenbrook Street, Jamisontown and Part 22 Charles Hackett Drive, St Marys. These sites currently accommodate existing Scout Halls in accordance with the terms listed in this report, and the Scouts Association is seeking to renew the existing Licence Agreements.

 

Background

The Scouts Association of Australia NSW Branch (“Scouts”) have been operating at three Council owned sites for over 30 years.

 

Scouts currently have three (3) existing Licence Agreements with Council that are due to expire on 30 June 2017 and are located on parts of Community land known as:

 

1.   13 Bennett Road, Colyton

(1st Erskine Park Scouts) located on part of Lot 166 in DP 26029

 

2.   70 Glenbrook Street, Jamisontown

(1st South Penrith Scouts) located on part of Lot 88 in DP 703021

 

3.   22 Charles Hackett Drive, St Marys

(1st St Marys Scouts) located on part of Lot 2 in DP 748871.

 

As the land is classified as Community, in accordance with Section 47A of the Local Government Act 1993, any Licence Agreement requires public advertisements in the local newspaper, notification to adjoining residential property owners and a public notice erected on site allowing the public 28 days for any submissions concerning this matter.

During this 28-day notification period, if any submissions are received, the Property Development Department will resolve prior to issuing the Licence Agreements to Scouts.

 

Upon successful completion of this process, it is proposed that the Licence Agreements are renewed based on the following terms and conditions:

 

 

Tenant:

 

The Scouts Association of Australia NSW Branch

 

Premises:

 

1.  Part 13 Bennett Road, Colyton

2.  Part 70 Glenbrook Street, Jamisontown

3.  Part 22 Charles Hackett Drive, St Marys

 

ABN:

 

42460434054

 

Director:

 

Chief Executive Officer – Andrew Smith under Delegated Authority

 

Address:

 

PO Box 125

LIDCOMBE NSW 1825

 

 

Licence Term:

 

5 Years – 70 Glenbrook Street, Jamisontown

5 Years – 22 Charles Hackett Drive, St Marys

2 Years – 13 Bennett Road, Colyton

 

 

Licence Commencement Date:

 

1 July 2017

 

Lease Termination Date:

 

30/6/2022 - 70 Glenbrook Street, Jamisontown

30/6/2022 - 22 Charles Hackett Drive, St Marys

30/6/2020 - 13 Bennett Road, Colyton

 

 

 Rent:

 

$1.00 per annum

 

 

Lessee Responsibility:

 

·    Cannot assign license agreement

·    Permitted use only

·    Public Liability insurance cover for a minimum of twenty million dollars

·    Maintain and keep in good order the Scout Hall and surrounding external areas of the premises to the fence line or a minimum of twenty metres

·    Carry out annual audits of the premises with Council and agree to make good any identified repairs required. A minimum 30-day notice for minor works and a 90-day notice for major works

·    Licensee responsible for building insurance, waste, water, gas and sewage charges

·    Relocation, redevelopment and demolition clauses

·    No allocated parking spaces

 

 

Lessor Responsibility:

 

·    Council rates

·    Carry out annual audit inspections with Scouts Australia NSW

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Licence Agreement with The Scouts Association of Australia NSW Branch over 1st Erskine Park, 1st South Penrith and 1st St Marys Premises  be received

2.    Council approve the proposed new licence agreements as detailed in the report.

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

 

 

ATTACHMENTS/APPENDICES

1.

Aerial - 13 Bennett Road Colyton

1 Page

Appendix

2.

Aerial - 22 Charles Hackett Drive St Marys

1 Page

Appendix

3.

Aerial - 70 Glenbrook Street Jamisontown

1 Page

Appendix

  


Ordinary Meeting                                                                                                                26 June 2017

Appendix 1 - Aerial - 13 Bennett Road Colyton

 

PDF Creator


Ordinary Meeting                                                                                                                26 June 2017

Appendix 2 - Aerial - 22 Charles Hackett Drive St Marys

 

PDF Creator


Ordinary Meeting                                                                                                                26 June 2017

Appendix 3 - Aerial - 70 Glenbrook Street Jamisontown

 

PDF Creator


Ordinary Meeting                                                                                                   26 June 2017

 

 

 

12

Summary of Investments & Banking for the period 1 May 2017 to 31 May 2017   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report on the Summary of Investments & Banking for May 2017 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

This report provides a summary of investments for the period 1 May 2017 to 31 May 2017 and a reconciliation of invested funds as at 31 May 2017.

 

The investment returns versus the benchmark as a percentage for May 2017 are:

·    Council portfolio current yield (including FRNs)          2.59%

·    90 day Bank Bill Swap rate (Benchmark)                    1.74%

 

The report recommends that the information contained in the report be received.

Background

Attached to this report is a Summary of Investments including Economic Commentary for May 2017, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for May 2017 and various Investment Summary and Investment Portfolio analysis tables and charts.

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 May 2017.

 

Andrew Moore

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 May 2017 to 31 May 2017 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 May 2017 to 31 May 2017 be noted and accepted.

3.    The graphical investment analysis as at 31 May 2017 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Investments as at 31 May 2017

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                26 June 2017

Appendix 1 - Summary of Investments as at 31 May 2017

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday June 26 2017

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Union Road Request for Proposal                                                         2

 

3        Proposed Offer to Enter into a Voluntary Planning Agreement for 117-127 O'Connell Street, Caddens Lot 11 DP 522660, 129-141 O'Connell Street, Caddens Lot 12 DP 522660, 185 Caddens Road, Caddens Lot 101 DP 564332, 187 Caddens Road, Caddens Lot 1 DP 515678, 189 Caddens Road, Caddens Lot 2 DP 502333, 207 Caddens Road, Caddens Lot 755 DP 1180111, 89A O'Connell Street, Caddens Lot 102 DP 1166542 and 89B O'Connell Street, Caddens Lot 31 DP 520322 Applicant: Legpro Pty Ltd;  Owner: ~Legpro Pty Ltd 2

 

4        Acquisition of Easement for Drainage Purposes - 26 Castlereagh Street, Penrith          3

 

5        Agreement for Penrith City Council to use part of Penrith Paceway for Temporary Public Car parking Purposes                                                                                                        3

 

6        Lease Agreement to Blue Mountains Education Pty Ltd at Suite 4, 134-138 Henry Street, Penrith (Gaymark Lane)                                                                                                     3

 

7        New lease agreement to Ross Hutchison Foundation over Council owned property at Shop 3/140-142 Henry Street, Penrith (Allen Arcade)                                                                3

 

8        Proposed Draft Voluntary Planning Agreement - Council Property Lot 210 DP26908 known as 70-76 Carinya Avenue, St Marys                                                                                  3

 

 

 

 

 

 

 

 

 


Ordinary Meeting                                                                                                   26 June 2017

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 1

 

2        Union Road Request for Proposal 

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 2

 

3        Proposed Offer to Enter into a Voluntary Planning Agreement for 117-127 O'Connell Street, Caddens Lot 11 DP 522660, 129-141 O'Connell Street, Caddens Lot 12 DP 522660, 185 Caddens Road, Caddens Lot 101 DP 564332, 187 Caddens Road, Caddens Lot 1 DP 515678, 189 Caddens Road, Caddens Lot 2 DP 502333, 207 Caddens Road, Caddens Lot 755 DP 1180111, 89A O'Connell Street, Caddens Lot 102 DP 1166542 and 89B O'Connell Street, Caddens Lot 31 DP 520322 Applicant: Legpro Pty Ltd;  Owner: ~Legpro Pty Ltd

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 4

 

4        Acquisition of Easement for Drainage Purposes - 26 Castlereagh Street, Penrith   

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

 

5        Agreement for Penrith City Council to use part of Penrith Paceway for Temporary Public Car parking Purposes

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

 

Outcome 7

 

6        Lease Agreement to Blue Mountains Education Pty Ltd at Suite 4, 134-138 Henry Street, Penrith (Gaymark Lane)

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.

 

7        New lease agreement to Ross Hutchison Foundation over Council owned property at Shop 3/140-142 Henry Street, Penrith (Allen Arcade)

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        Proposed Draft Voluntary Planning Agreement - Council Property Lot 210 DP26908 known as 70-76 Carinya Avenue, St Marys

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.

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 June 2017

Report Title:            Sydney Science Park Precinct Plan

Attachments:           Precinct Plan

                                Road Heirachy Plan

                                Plans



Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        26 June 2017

Attachment 1 - Precinct Plan

 

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Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        26 June 2017

Attachment 2 - Road Heirachy Plan

 

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Attachment 3 - Plans

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 June 2017

Report Title:            Erskine Park Planning Proposal

Attachments:           City Planning Comments in response to issues raised in submissions

                                Independent Report into the Public Hearing for Erskine Park Planning Proposal

                                Exhibited Erskine Park Planning Proposal (appendices tabled at the meeting)

                                Recommended amendment to the Planning proposal, as applying to Capella Park site



Ordinary Meeting                                                                                                                26 June 2017

Attachment 1 - City Planning Comments in response to issues raised in submissions

 

 

 

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Ordinary Meeting                                                                                                                26 June 2017

Attachment 2 - Independent Report into the Public Hearing for Erskine Park Planning Proposal

 

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Ordinary Meeting                                                                                                                26 June 2017

Attachment 3 - Exhibited Erskine Park Planning Proposal (appendices tabled at the meeting)

 

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Ordinary Meeting                                                                                                                26 June 2017

Attachment 4 - Recommended amendment to the Planning proposal, as applying to Capella Park site

 

 

 



 


ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 June 2017

Report Title:            Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors

Attachments:           Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors Policy



Ordinary Meeting                                                                                                                26 June 2017

Attachment 1 - Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors Policy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 June 2017

Report Title:            Adoption of Council's Community Plan; Resourcing Strategy; Delivery Program 2017-21 and 2017-18 Operational Plan; and Confirmation of Organisational Structure

Attachments:           2017-18 Operational Plan - Proposed amendments

                                Fees & Charges amendments

                                Summary of Divisions, Departments and Functions



Ordinary Meeting                                                                                                                26 June 2017

Attachment 1 - 2017-18 Operational Plan - Proposed amendments

 

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Attachment 2 - Fees & Charges amendments

 

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Ordinary Meeting                                                                                                                26 June 2017

Attachment 3 - Summary of Divisions, Departments and Functions

 

 

ist of Divisions, Departments and Functions

Delivery Program 2017-21

 

Assistant General Manager – Craig Butler

Department

Functions

Corporate Communications, Marketing and Events

City Partnerships

Communications

Council and Executive Support

Events and Marketing


Chief Governance Officer – Stephen Britten

Departments

Functions

Governance

Council and Corporate Governance

Information Management

 

Legal Services

Legal Services

Risk Management

Insurance and Internal Audit


Chief Financial Officer – Andrew Moore

Department

Functions

Corporate Planning

Reporting to Chief Operating Officer for 2017-18

 

Corporate Planning

 

Financial Services

Financial Services

Purchasing and Supply

 

Information and Communication Technology

Reporting to Chief Operating Officer for 2017-18

 

Geographic Information Systems

Information Technology

Property Development and Management

Property Development and Management


Executive Manager City Assets – Brian Steffen

Department

Functions

Asset Management

Security and Emergency Services Management

Strategic Asset Management Planning

 

City Presentation

Asset Maintenance and Renewal

Civil Maintenance and Renewal

Fleet and Plant Management

Public Space Maintenance

 

Design and Projects

Design and Projects

 

Facilities Management

Cemeteries

Neighbourhood Facilities Management

Recreation Facilities Management


Executive Manager City Planning – Kylie Powell

Department

Functions

City Planning

City Planning

 

Economic Initiatives

Advocacy

Economic Initiatives

 

Place Management

Community Safety

Place Management

 


Executive Manager Community and Chief Operating Officer – Vicki O’Kelly

Department

Functions

Innovative Performance

Temporary Department for 2017-18

 

Innovative Performance

Temporary Function for 2017-18

Children’s Services

Reporting to Executive People and Capability for 2017-18

 

Children’s Services

Community and Cultural Development

Community and Cultural Development

 

Library Services

 

Libraries


Executive Manager Environment and City Development – Wayne Mitchell

Department

Functions

Development Services

Development Applications

Fire Safety and Certification

 

Engineering Services

Development Engineering

Floodplain and Stormwater Management

Traffic Management, Parking and Road Safety

 

Environmental Health and Compliance

Environmental Health

Development Compliance

Regulatory Control

 

Waste and Resource Recovery

Waste and Resource Recovery

 


Executive Manager People and Capability – Sandy Davies 

Department

Functions

Customer Experience

Customer Experience

 

Workforce and Organisational Development

Business Performance

Part of Innovative Performance for 2017-18

Sustainability

Workforce and Organisational Development

 

 


 

ATTACHMENT       

 

 

 


Date of Meeting:     26 June 2017

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2016-2017 Voted Works