Council_Mark_POS_RGB

19 July 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 24 July 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

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 26 June 2017.

Extraordinary Council Meeting - 10 July 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

Penrith Community Safety Partnership Meeting - 7 June 2017.

Access Committee Meeting - 14 June 2017.

Local Traffic Committee Meeting - 3 July 2017.

Policy Review Committee Meeting - 10 July 2017.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 July 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 26 JUNE 2017 AT 7:33PM

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 the Rev Neil Checkley.

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, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price.

 

 

APOLOGIES

128  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown that an apology be accepted for Councillor Joshua Hoole.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 May 2017

129  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 22 May 2017 be confirmed, with an amendment to Recommendation 2 of Item 2 of the Committee of the Whole – Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483) to now read:

 

“2.   Council grant a Drainage Easement over Lot 2 DP 505483 in accordance with the terms and conditions listed in this report.”

 

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

SUSPENSION OF STANDING ORDERS

130  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

 

Mr Chris Gantt

 

Item 1 – Sydney Science Park Precinct Plan

 

Mr Gantt, representing the applicant, Celestino, spoke in support of the recommendation for Council’s adoption and endorsement of the Sydney Science Park Precinct Plan – First Community, and commended the Plan to Council.

 

 

Ms Debbie Michalek

 

Item 3 – Erskine Park Planning Proposal

 

Ms Michalek, an affected neighbour, spoke in opposition to the recommendation, stating that she lives next to the proposed development and that her major concern is the unacceptable density of the current proposal.  Ms Michalek stated that there may be a possibility of too many two-storey development houses being built on the reserve, causing overshadowing to the yards of existing nearby properties. 

 

131  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Bernard Bratusa that an extension of time be granted to enable the speaker to complete her address, the time being 7:46pm.

 

Ms Michalek concluded by stating that Council needs to protect the amenity of the current residents, and ensure that the existing developed environment remains intact.

 

 

Mr Alan Ginns

 

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

 

Mr Ginns, an interested citizen, spoke in opposition to the recommendation, raising concerns of ratepayers in Rural Residential areas of the Local Government Area. Mr Ginns asked Council to reconsider proposed rating charges in rural areas as they are currently inequitable.  Mr Ginns raised the issue of lack of road and footpath maintenance, causing potholes and other road damage, often resulting in a lack of drainage, causing watercourse and flooding issues to properties in rural residential areas.

 

RESUMPTION OF STANDING ORDERS

132  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that Standing Orders be resumed, the time being 7:52pm.

 

 

Mayoral Minutes

 

1        Roger Nethercote

Councillors Ross Fowler OAM and Greg Davies spoke in support of the Mayoral Minute.

         

133  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Roger Nethercote be received.

 


 

 

3        2017 Queens Birthday Honours

Deputy Mayor, Councillor Tricia Hitchen and Councillors Greg Davies, Bernard Bratusa and Jim Aitken OAM spoke in support of the Mayoral Minute.                                                           

134  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia  Hitchen that the Mayoral Minute on 2017 Queens Birthday Honours be received.

 

2        Gold Award for 2015-2016 Annual Report

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.                                      

135  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Gold Award for 2015-2016 Annual Report be received.

 

 

Reports of Committees

 

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

136  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 June, 2017 be adopted.

 

 

Councillor Kath Presdee left the meeting, the time being 8:09pm.

 

 

DELIVERY PROGRAM REPORTS

 

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                                                                  

Councillor Kath Presdee returned to the meeting, the time being 8:11pm.

 

137  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

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.

 

 

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 Ben Price

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

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

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

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.

 

3        Erskine Park Planning Proposal                                                                                      

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

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.

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 Ben Price

Councillor Bernard Bratusa   

Councillor Greg Davies

Councillor Marcus Cornish

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor John Thain

 

 

 

Outcome 4 - We have safe, vibrant places

 

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

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

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.

 

 


 

 

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

 

5        Arts NSW - Western Sydney Making Space Program Funding

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

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.

 

6        Nepean Jobs For All - National Disability Insurance Agency Funding

Councillor Aaron Duke left the meeting, the time being 8:35pm.                                                

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

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.

 

7        Cambridge Gardens Skate Park

Councillor Greg Davies left the meeting, the time being 8:36pm.

Councillor Aaron Duke returned to the meeting, the time being 8:37pm.                                    

143  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

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

 

2.    Council allocate an amount of $20,000 from North Word voted works to enable the engagement of a skate park design company to further the site investigations for a skate park at Cambridge Gardens.

 

Councillor Greg Davies returned to the meeting, the time being 8:38pm.


 

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                                                                                                     

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

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.

 

10      Write off of unrecoverable Sundry Debtor accounts                                                    

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

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.

 

 

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

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

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.

 

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

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

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.

 

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

148  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish 

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.

 

5.     A report be presented to a Finance & Economic Opportunities Working Party Meeting exploring a potential policy which would waive casual hire fees for use of new community facilities by community groups, and Council officers investigate future facility management options.

 

Councillor Kevin Crameri OAM called for a DIVISION.

 

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM      

Councillor Ben Price

Councillor Marcus Cornish    

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

Councillor John Thain

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Airport Forum   

Councillor Kevin Crameri OAM requested a report to the next Ordinary Meeting on why we have not had a forum on the airport and when is it possible to have one.

 

UB 1           Report on Cemeteries in Penrith Local Government Area     

Councillor Ross Fowler OAM requested that an urgent report be presented to the next Ordinary Meeting of Council  looking at the case for Council to prohibit the establishment of cemeteries in the Mulgoa Valley.

149  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen 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.

 

 

150  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen that an urgent report be presented to the next Ordinary Meeting of Council  looking at the case for Council to prohibit the establishment of cemeteries in the Mulgoa Valley.

 

Councillor Bernard Bratusa left the meeting, the time being 9:13pm.

 

RR 2           Funding to Penrith Performing and Visual Arts Ltd (PPVA)  

Councillor Ross Fowler OAM requested that funding to the PPVA be reinstated for the next current year to enable the PPVA to compensate for lost funding due to non CPI application.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:14pm.

 

Councillor Bernard Bratusa returned to the meeting, the time being 9:15pm.

 

UB 2           Abirami Natya Shestra 3rd Annual Dance Festival        

Councillor Tricia Hitchen requested that an amount of $500 be allocated from East Ward voted works to the Abirami Natya Shestra to assist with costs of holding their 3rd Annual Dance Festival at St Marys Memorial Hall on 1 July 2017.        

151  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish Hitchen 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.

 

152  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish that an amount of $500 be allocated from East Ward voted works to the Abirami Natya Shestra to assist with costs of holding their 3rd Annual Dance Festival at St Marys Memorial Hall on 1 July 2017.

 

RR 3           Development Applications requiring significant infrastructure      investment                  

Councillor Mark Davies requested a report to Council regarding development applications that require significant infrastructure investment whereby numerous properties could be advantaged, with the report to address the advantage of creating Section 94 plans on a need by need basis.

 

RR 4           Trail Bikes in St Clair Area

Councillor Todd Carney requested an investigation into whether trail bike access can be limited to sporting fields and similar areas in the St Clair area to prevent further damage occurring the these areas.

 

RR 5           Mistletoe Road, Claremont Meadows 

Councillor Greg Davies requested a review of the condition of the area at the end of Mistletoe Road, Claremont Meadows with a view to cleaning up the current long grass and placing signs in the area advising of fines for rubbish dumping, with the RID Squad to be notified of rubbish dumping in this area.

 

 

 

RR 6           Upgrading of Local Roads 

Councillor Greg Davies requested a report to Council detailing any plans Council has to carry out upgrade works to Luddenham Road, including the Mamre Road intersection, and to Caddens Road, due to the upgrade to the Werrington Arterial and the development of the Sydney Science Park.

 

RR 7           Inflatable Advertising

Councillor Karen McKeown requested a memo reply to all Councillors outlining any rules Council may have regarding advertising via inflatable structures, in particular the current advertising utilising large inflatable clowns in various parts of the Penrith Local Government Area.

 

 

Committee of the Whole

 

153 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:20pm.

 

1        Presence of the Public

 

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

 

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.

 

 

The meeting resumed at 9:30pm and the General Manager reported that the Committee of the Whole met at 9:20pm on 26 June 2017, the following being 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, Mark Davies, Aaron Duke, Ross Fowler OAM, 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        Union Road Request for Proposal                                                                                  

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

CW2 That the information contained in the report on Union Road Request for Proposal be received.

 

5        Agreement for Penrith City Council to use part of Penrith Paceway for Temporary Public Car parking Purposes                                                                                           

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

CW5 That:

1.    The information contained in the report on Agreement for Penrith City Council to use part of Penrith Paceway for Temporary Public Car parking Purposes be received

2.    Penrith City Council enter into an agreement for the provision of temporary public car parking with Penrith Harness Racing Club on 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.

 

6        Lease Agreement to Blue Mountains Education Pty Ltd at Suite 4, 134-138 Henry Street, Penrith (Gaymark Lane)                                                                                       

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

CW6 That:

1.    The information contained in the report on Lease Agreement to Blue Mountains Education Pty Ltd at Suite 4, 134-138 Henry Street, Penrith (Gaymark Lane) be received

2.    Council approve the proposed new lease agreement as detailed in the report.

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

 


 

 

7        New lease agreement to Ross Hutchison Foundation over Council owned property at Shop 3/140-142 Henry Street, Penrith (Allen Arcade)                                               

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

CW7 That:

1.    The information contained in the report on New lease agreement to Ross Hutchison Foundation over Council owned property at Shop 3/140-142 Henry Street, Penrith (Allen Arcade) be received.

2.    Council approve the proposed new lease agreement as detailed in the report.

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

 

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                                                   

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kath Presdee

CW3 That:

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

2.    The offer be accepted subject to the recommended amendments and revisions outlined within this report.

 

3.    The offer progress to the preparation of a draft Voluntary Planning Agreement to be prepared in consultation with Council’s Legal Services Department

 

4.    The draft VPA be placed on public exhibition in accordance with the requirements of the Environmental Planning and Assessment Act and Regulations.

 

5.    The outcome of the public exhibition period and the draft Voluntary Planning Agreement be reported back to Council for execution and adoption.

 

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 Ben Price

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

4        Acquisition of Easement for Drainage Purposes - 26 Castlereagh Street, Penrith   

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

CW4 That:

1.    The information contained in the report on Acquisition of Easement for Drainage Purposes - 26 Castlereagh Street, Penrith be received.

2.    Council approve the acquisition of the proposed easement for drainage purposes as per the terms and conditions listed in this report.

3.    Council approve the extinguishment of the existing drainage easement as per the terms and conditions listed in this report.

4.    Council approve the making of an application to the Minister and the Governor for approval to acquire the easement as described in DP1230495 and situated at 26 Castlereagh Street Penrith by compulsory process under section 186(1) of the Local Government Act 1993 for the purpose of drainage works in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 if required.

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

 


 

 

8        Proposed Draft Voluntary Planning Agreement - Council Property Lot 210 DP26908 known as 70-76 Carinya Avenue, St Marys                                                                    

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

CW8 That:

1.    The information contained in the report on Proposed Draft Voluntary Planning Agreement - Council Property Lot 210 DP26908 known as 70-76 Carinya Avenue, St Marys be received.

2.    Council endorse the principles of the draft Voluntary Planning Agreement as outlined in this report.

3.    The draft VPA once prepared be publicly notified in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

4.    Council authorise the General Manager to execute the VPA upon conclusion of the public notification of the Agreement and to make any minor amendments necessary to ensure its legality.

5.     The Department of Planning be notified of the signing of the VPA, and Council’s register of VPAs be updated to record the agreement.

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

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 Ben Price

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

 

ADOPTION OF Committee of the Whole

 

154 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Price        that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7 and CW8 be adopted.

 

 Councillor Jim Aitken OAM left the meeting at 9:30pm and did not return.

 

There being no further business the Chairperson declared the meeting closed the time being 9:35pm.



UNCONFIRMED MINUTES

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

ON MONDAY 10 JULY 2017 AT 7:29PM

 

PRESENT

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

 

 

APOLOGIES

155  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Aaron Duke that apologies be received for Councillor Bernard Bratusa.

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

Committee of the Whole

 

156 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:32pm.

 

1        Presence of the Public

 

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

 

The Mayor, Councillor John Thain adjourned the meeting, the time being 7:33pm to allow the press and the public to leave the room.

 

The meeting reconvened, the time being 7:38pm.

 

Outcome 1

 

2        Union Road Request for Proposal (RFP)                                                                        

 

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.

 

 

 

 

 

The meeting resumed at 8:59pm and the General Manager reported that the Committee of the Whole met at 7:32pm on 10 July 2017, the following being present

 

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark 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        Union Road Request for Proposal (RFP)

Councillor Jim Aitken OAM left the meeting, the time being 7:56pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:59pm.                             

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

CW2 That the information contained in the report on Union Road Request for Proposal (RFP) be received and noted.

 

ADOPTION OF Committee of the Whole

 

157 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Greg Davies that the recommendation contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:01pm.

 


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        Passing of Trevor Wholohan OAM                                                                                    1

 

2        Queen's Birthday Honour Recipient - Mr Des Manwaring                                                 3

 

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

Mayoral Minute

Passing of Trevor Wholohan OAM

           

 

 

It is with great sadness that I note the recent passing of Penrith icon and legend, Trevor Wholohan OAM.

 

Born in Penrith, Trevor’s contribution to cricket in the district was unrivalled and spanned over six decades as a player, coach, selector and administrator. The title of Penrith’s “Mr Cricket’ was very apt indeed.

 

Cricket was always a way of life for Trevor and his passion, dedication and commitment to the game he loved saw him work tirelessly to improve facilities and conditions for all cricketers across the district. We all owe a debt of gratitude to him for what he achieved for cricket in our city and our region.

 

As a player, Trevor played in the first ever junior competition in the district in 1949 and he scored the first century in that competition in 1951. All up, Trevor played cricket in the Penrith district for 25 years and he became the first Nepean junior to play first grade cricket in the Sydney competition in 1958. Trevor also played alongside the great Richie Benaud in the year that Benaud was made the Australian Test captain in 1958-1959.

 

As an administrator, Trevor’s achievements were extraordinary. They included:

 

·    Australian Cricket Board Director from 1988-1994,

·    NSW Cricket Association Director from 1988-1995,

·    Penrith Grade Club Secretary in 1973

·    Penrith Grade Club President from 1975-1982 and 1984-1993 and

·    Nepean District Cricket Association President from 1997-2000, Vice President from 1993-1998 and Assistant Secretary from 1955-1956, 1966-1968 and 1972-1973.

 

In the 1997 Australia Day Honours, Trevor was awarded the Order of Australia Medal for services to cricket at club, district and State levels. In the same year, Trevor was also added to our Council Wall of Achievement. In 2000 he received the Australian Sports Medal for his voluntary service to club and junior cricket administration in the Penrith area and in 2001 he was awarded the Centenary Medal for service to sport and the community.

 

It is clear to see Trevor was an integral component to the ongoing success of cricket in the Penrith region over many years and in 2011 the new function room in the N.A. Hunter Pavilion at Howell Oval was named after Trevor and officially opened by the then Federal Member for Lindsay, David Bradbury.

 

On behalf of my fellow Councillors and the community of Penrith, I’d like to offer our deepest sympathy to his wife, Patricia, his children Gai and Michael and their partners Adrian and Jo, and his grandchildren Jake and Emma.

 

 

 

Councillor John Thain

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Trevor Wholohan OAM be received.

 

 

 


Ordinary Meeting                                                                                                    24 July 2017

 

Mayoral Minute

Queen's Birthday Honour Recipient - Mr Des Manwaring 

           

 

Over the past 11 years, Penrith City and Lachlan Shire have enjoyed an active and mutually beneficial friendship alliance. For nine of these years, former Councillor Mr Des Manwaring served as Mayor of Lachlan Shire, forging strong links between the two councils and communities.

 

It’s therefore my great pleasure to congratulate Mr Manwaring for being recognised in the 2017 Queen’s Birthday Honour List, receiving a Medal of the Order of Australia for his service to Local Government and the Lachlan Shire community.

 

Mr Manwaring has spent 30 years in Local Government, becoming a Councillor in 1984, where he remained until his retirement in 2016. He was Mayor from 2006 until 2015, and held the Deputy Mayor’s position on two occasions – From 1997 until 2005, and then again in 2015 to 2016. He is heavily involved in local firefighting and fire management efforts with the NSW Rural Fire Service and is the current Chairman of Western Plains Regional Development in Condobolin.

 

On behalf of Penrith City Council, I thank Mr Manwaring for his contributions to the communities of both Penrith and Lachlan Shire, and congratulate him once again on receiving our nation’s highest honour.

 

Councillor John Thain

Mayor

 

 

 

 

RECOMMENDATION

That the Mayoral Minute on Queen's Birthday Honour Recipient - Mr Des Manwaring  be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 7 June 2017                                                                                                                   1

 

2        Report and Recommendations of the Access Committee Meeting held on 14 June 2017                                                                                                                                             5

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 3 July 2017                                                                                                                                           12

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 10 July 2017                                                                                                                                  22

 

 

 

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 7 June, 2017

 

 

 

PRESENT

Councillor Marcus Cornish, Erin Davidson, Penrith City Council; Allison Kyriakakis, Penrith City Council; Olivia Kidon, Penrith City Council; Julie-Anne Downie, Needle and Syringe Program; Katerina Tahija; Penrith City Council; Brett McFadden, Penrith Local Area Command; Ken Innes, Glenmore Park Residents Group; Hans Meijer, Penrith City Council; Jeni Pollard, Penrith City Council; Daniel Wanja, Family Planning NSW.

 

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

Danielle Corliss, St Marys Local Area Command; Barry Vincent, St Marys Local Area Command; Stuart Brooks, Western Sydney University; Julie Page, Needle and Syringe Program; Gai Hawthorn, Penrith CBD Corporation; Genevieve Fonti, St Marys Town Centre Inc.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 1 March 2017

The minutes of the Penrith Community Safety Partnership Meeting of 1 March 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of projects under the Penrith Community Safety Plan 2013-16                                                                                                                                         

Update on the Public Spaces CCTV Project – Federal Government Safer Streets Programme

 

  Allison Kyriakakis provided an update on the Public Spaces CCTV Project.

 

          The Queen Street, St Marys streetscape upgrade has experienced delays, however eight (8) cameras have been installed and are operating between Carson Lane and Coachman’s Park within the project timeframe. This footage currently can only be viewed from the St Marys location. A solution is currently being investigated to transmit data back to the Civic Centre.

 

Eight (8) cameras have been installed along High Street and Station Street along with the infrastructure required to transmit data back to the Council Civic Centre. Council is currently waiting on approval from Endeavour Energy to provide power to the light poles and commission the system. It is anticipated that approval will be confirmed in the coming weeks at which time the cameras will become operational.

 

Allison reiterated that these cameras will not be live monitored and requests for CCTV footage can only be sought by authorised officers from NSW Police via Councils CCTV Code of Practice.

 

Alcohol Free Zones and Alcohol Prohibited Areas

 

Allison advised that Councils Alcohol Free Zones and Alcohol Prohibited Areas will expire 30 June 2017. Consultations have commenced to re-establish these locations for a further four (4) year period.

 

Councillor Cornish requested that The Mondo, Triangle Park and Memory Park be established as Alcohol Prohibited Areas.

 

Allison advised that The Mondo and Memory Park are already sign posted as Alcohol Prohibited Areas and Jeni advised that when the Triangle Park is upgraded consideration will be given to establishing it as an Alcohol Prohibited Area.

 

Operation Bounce Back

 

Erin provided an update on the Operation Bounce Back project.

 

Council was invited to apply for funding from the National Motor Vehicle Theft Reduction Council to educate residents on the importance of securing their vehicle and car keys. The theme of the project is ‘Car Security Begins at Home’.

 

A Community Service Announcement (CSA) is being shown at Penrith Hoyts cinema for a three (3) month period which is a 30 second film clip. Community Safety staff have also scheduled a number of local shopping centre visits over the coming weeks with a pop up stall to provide education and promotional items and share valuable tips on how to secure your vehicle. These pop up stalls supplement the CSA and further highlight the importance of car security.

 

Anyone that would like education brochures and promotional items please contact Community Safety staff.

 

Erskine Park Youth Engagement Project

 

Council submitted a grant application in early February to the Crime Prevention Division of the NSW Department of Justice for $40,000 for a youth engagement project in Erskine Park.

 

Allison advised that Council is still waiting on advice regarding the outcome. While the application is being processed Community Junction are currently undertaking community engagement activities and consultation in the space as phase one of the project. This will develop a strategy for the second phase of the project which would be funded by the grant if successful.

 

Further updates will be provided when advice has been received.

 

 

 

 

Litter Prevention Grant

 

Allison advised that the Litter Prevention project at Nepean Hospital is nearing completion. Installation of three (3) litter bins are scheduled to be installed in the coming week and two (2) additional Enviro Poles (cigarette butt bins) will be installed Thursday 15 June 2017. Hey Tosser branding will also be applied to the litter bins and Enviro Poles to raise awareness around littering and the fines that can be incurred.

 

Warner Youth Education Graffiti Education Awareness Program

 

Allison provided the group with a brief overview of the Warner Youth Education Graffiti Education Awareness program and the outcomes it sets out to achieve.

 

The program has commenced its 10th year of delivery across the city with continued success. School participation and feedback continues to be high which reflects the relevant nature of the program and demand to see the program continue.

 

Community Safety Plan

 

Allison explained that Council's current Community Safety Plan 2013 - 2016 expired in March 2017. Council will soon be commencing discussions around the development of a new Community Safety Plan. Council will continue to deliver existing programs under the current plan.

 

RECOMMENDED

That the information contained in the reports on Update on the delivery of projects under the Penrith Community Safety Plan 2013-16 be received.

 

 

GENERAL BUSINESS

 

GB 1           Feedback from Police on terrorism responses    

At Council’s Ordinary Meeting on 10 April, Councillor Cornish requested a report to Council identifying pedestrian areas in the Penrith LGA that are subject to possible terrorist attack and the suitability of physical measures to minimise this risk. The request was to be discussed at the June Community Safety Partnership meeting.

 

Councillor Cornish clarified that he would like information provided to Council on areas of risk to the public across the LGA with consideration given to pedestrian hot spots including the Penrith Station forecourt and bus interchange and the football stadium. Councillor Cornish also raised concern around the new bike path along Belmore Street, Penrith that is positioned against the kerb with no pedestrian protection from oncoming traffic.

 

Brett McFadden responded, separating the issues raised into road and traffic concerns for the attention of Roads and Maritime Services (RMS) and safety concerns. It was suggested that the group think about what areas across the LGA are at risk and why and regroup at the September meeting for further discussion. 

 

The meeting also discussed security options for high risk events and areas where there is high pedestrian activity and the protocols that are in place in the event there was an incident.

 


 

GB 2           Feedback on concerns regarding alcohol consumption in the       Mondo      

Councillor Cornish expressed concerns with the consumption of alcohol in the Mondo space.

 

Allison advised that the Mondo is signposted with Alcohol Free Area signage and that the signs were replaced with current branding when the space was upgraded.

 

GB 3           Domestic Violence and Disabilities     

Erin advised that there is a Domestic Violence and Disabilities forum taking place on Thursday 6 July 2017. The forum is being organised in partnership with the Nepean Domestic Violence Network and Community Care Forum. A small working group is currently working on sourcing guest speakers and organising a discussion panel.

 

If anyone would like further details on the forum please contact Community Safety staff.

 

GB 4           Needle and Syringe Program     

Julie-Anne Downie advised that her service has experienced an increase in the number of reports to the 1800 needle clean up hotline for locations that Council would generally attend to.

 

Allison advised that she will have discussions with Depot staff to determine if training in the collection and removal of sharps is required.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 4:20pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 June, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                                    24 July 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 14 June, 2017

 

 

 

PRESENT

Councillor Todd Carney (Chair), David Currie, Allan Windley, Anthony Mulholland, Farah Madon.

 

INATTENDANCE

 

Erich Weller – Community and Cultural Development Manager, Joe Ibbitson – Community Programs Coordinator, Craig Squires – Acting Coordinator Certification and Fire Safety, Claire Galvin – Disability Inclusion Officer, Carmel Hamilton – Sustainability Coordinator, Graham Howe – Building Projects Coordinator, Rosemarie Canales – Architectural Supervisor, Lauren Van Etten – Environmental Planner, Clare Aslanis – Senior Environmental Planner (5.14pm).

 

APOLOGIES

Apologies were accepted from Councillor Tricia Hitchen and Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 12 April 2017

The minutes of the Access Committee Meeting of 12 April 2017 were confirmed.

 

BUSINESS ARISING FROM PREVIOUS MINUTES

 

1                      Development Applications Referred to the Access Committee

 

DA17/0141      Fitout and use of existing buildings for Independent Primary and Secondary School – 57 Henry Street Penrith

 

Erich Weller referred to an email he received in late May from an Access Committee community member which flagged the issue that people may have seen a press report in the Penrith Gazette where the Access Committee’s view on the school proposal at 57 Henry Street was quoted. There was concern that the Access Committee’s minutes were quoted in the newspaper before coming back to a meeting for final endorsement. 

 

Erich Weller explained the process for the preparation of the Access Committee meeting minutes.  The minutes are taken at the meeting, departments who submitted reports then check their relevant section before the Community and Cultural Development Manager signs the minutes off.  The minutes are then presented to an Ordinary Meeting of Council before they come back to the next Access Committee meeting.  Council, the public and press see the unconfirmed minutes.  If there is an amendment to the minutes by the Access Committee in the following Committee meeting that amendment is subsequently endorsed by an Ordinary Meeting of Council.

 

Councillor Carney advised that business papers go online before the meeting.  The development application was rejected by Council officers because of a number of planning concerns not just access issues. 

 

Clare Aslanis arrived at the meeting at 5.14pm.

 

GB4  Accredited Access Consultants

 

Craig Squires advised that the issue regarding only accredited access consultants preparing access reports was taken to the Development Services Manager.  The Manager thought that this would limit other professionals being able to make reports. It is thought that at this time there are enough professionals with a good knowledge of access to provide reports.

 

Farah Madon suggested that she get a list of all Councils that require an accredited access consultant and then present the request again to the Development Services Department.  It was suggested that any development that is over $20 million have an access report from an accredited access consultant.

 

Councillor Carney asked that the information regarding accredited access consultants be brought to the next Access Committee meeting.  Craig Squires advised that the information would then be passed onto management.

 

GUEST

 

Councillor Carney introduced Carmel Hamilton to the Access Committee and advised she is at the meeting to see how it runs as she will be administering Council’s Resilience Committee.

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a pecuniary interest in Item 2 – Adult Change Facility – East Lane, St Marys as she was the access consultant for the project.  Farah Madon advised she would not participate in the discussion on this matter.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee                                  

 

DA17/0279         University of Western Sydney, 56 Second Avenue, Kingswood

 

Lauren Van Etten spoke to the development application proposal for alterations and additions to Building Z of Western Sydney University’s Penrith/Kingswood campus. 

 

The subject building is located in the southern end of the campus and the proposed building extension is south-west to Building Z and is currently just a paved carparking area.

 

The proposal includes construction of a two storey building expansion with proposed additional floor space on the ground and first floors.  The approximately 1,800 square metres is to incorporate offices, new computer labs, teaching labs, workshops, project rooms, meeting rooms, and research space.

 

A ramp will be provided from the existing concourse to the proposed first floor extension to provide a continuous accessible path of travel.

 

The proposal necessitates the removal of 22 carparking spaces to accommodate the building expansion. The carpark will be reduced to five spaces and two of these will be accessible.  A traffic report is provided to support the reduction in carparking.  Other parking areas will not be affected.

 

A lift is proposed to connect the ground floor to the first floor and the ramp then connects to the concourse.

 

Lauren Van Etten left the meeting at 5.25pm.

 

Clare Aslanis left the meeting at 5.26pm.

 

 

Outcome 3 - We can get around the City

 

2        Adult Change Facility - East Lane, St Marys                                                                  

Rosemarie Canales presented the report on the proposed adult change facility at East Lane, St Marys.  Slides were shown of the old toilet block as well as options for the upgrade to the facility.

 

Rosemarie Canales explained the two options for the modification of the accessible toilet facility on East Lane, St Marys.  Option 1 retains the room footprint, provides an adult change table and requires the removal of the existing floor sluice.  Option 2 enlarges the room footprint to retain the floor sluice.  Extra circulation space would be required around the fixtures.  The second option would require an additional $30,000 in funds.

 

Anthony Mulholland expressed concern about the proximity of the needle bin to the accessible toilet facility.  Rosemarie Canales advised that the needle bin would be relocated with both options.

 

Discussion was held regarding the two options and Committee members agreed with Option 1 - to retain the footprint and eliminate the sluice so that the adult change table could be installed into the facility.

 

RECOMMENDED

That:

 

1.      The information contained in the report on Adult Change Facility - East Lane, St Marys be received.

2.      The floor sluice in the proposed St Marys Adult Change Facility be omitted   from this facility to accommodate the adult changing facility.

 

Clare Aslanis returned to the meeting at 5.32pm.

 

Rosemarie Canales left the meeting at 5.35pm.

 

Craig Squires left the meeting at 5.35pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee (cont.)   

 

DA17/0334      Mixed Use Development including 62 residential apartments, commercial, retail and office space, child care centre and basement carparking at 184 Lord Sheffield Circuit, Penrith

 

Clare Aslanis presented the proposal for a six story mixed use development which is stage one located on the south side of Penrith Station in the Thornton development.  The development comprises 195 carparking spaces, 62 apartments, nine retail tenancies, commercial space for a supermarket on the ground floor, a basement carpark, and a first floor child care centre.  Residential units start on the second floor and occupy the floors above, up to six storeys.

 

Clare Aslanis advised that there is a community hub in that section of the development with a pedestrian link from the carpark to the train station.  There is a covered walkway from the commuter carpark to the station.  The retail tenancies will be the subject of a future DA.

 

Clare Aslanis also detailed the proposed underground carparking for the retail component of the development. 

 

Craig Squires returned to the meeting at 5.43pm.

 

Discussion by the Committee included the following issues:

 

·    The location of the adaptable units

·    Accessible parking

·    Access to the site

·    Lack of information in the development application for the Committee to base their assessment on

·    Query regarding outdoor space for the child care centre

·    Accessible paths of travel with a clear shoreline for vision impaired people

·    Query regarding installation of traffic lights close to the development

·    Pedestrian crossings to be lined up with the entries and exits to the commuter carpark

·    The cafes will be the subject of a separate development application

·    Provision of an adult change table

·    Penrith CBD Public Domain Manual – a freely available document that can assist people with visual issues.

 

Councillor Carney suggested requesting additional information regarding the adaptable units, accessible parking and accessible paths of travel before this development application comes back to the Access Committee again.

 

DA17/0387      Change of use of dwelling to community facility, 993-997 Castlereagh Road, Castlereagh

 

Craig Squires spoke to the development application for change of use of a dwelling to a community facility at 993-997 Castlereagh Road, Castlereagh.

 

Clare Aslanis left the meeting at 6.00pm.

 

The development proposal includes:

 

·    Moving some walls and upgrading the toilet to make it accessible

·    Converting one bedroom to become a change room

·    Creation of an office, multi-purpose room and sensory room from other bedrooms

·    Conversion of a family room into an activity room

·    Step ramps at the front and rear of the building.

 

Discussion by the Committee included the following issues:

 

·    Removable ramps are not a suitable option

·    Braille signage

·    Passageways - 900mm wide

·    The toilets are in the wrong position

·    With the swing of the doors it would not be able to get a wheelchair around

·    Fire management plan

·    Option of having a hospital style unit in place of an adult change table.

 

The Committee suggested that so as not to make it too onerous the bare minimum be addressed.  This includes the ramps, the hang of the doors and their width as well as the carparking.

 

RECOMMENDED

That the information contained in the report on Development Applications Referred to the Access Committee be received.

 

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

 

3        'Nepean Jobs for All' - NDIS Grant Funding                                                                   

Claire Galvin introduced the Nepean Jobs for All – NDIS Grant funding report and advised that one of the priority actions in Council’s Draft Delivery Program 2017 – 2021 and Disability Inclusion Action Plan is employment.  A priority for Council is to undertake projects that support local businesses to increase employment for people with disabilities.  Council has received funding of $95,000 from the 2017 NDIA Information, Linkages and Capacity Building Program to implement the Nepean Jobs for All project.

 

The next steps in the Nepean Jobs for All project are to organise a steering committee and have initial planning sessions as well as hold a workshop to get people involved.

 

Discussion was held regarding inviting State Government agencies to work with the project.  Also how to engage people with disability who are seeking employment along with employment services.

 

Claire advised that an independent evaluation of the project will be undertaken.

 

RECOMMENDED

That the information contained in the report on 'Nepean Jobs For All' - NDIS Grant Funding be received.

 

 

GENERAL BUSINESS

 

GB 1           Penrith Interactive Accessible Services Map       

David Currie enquired about the interactive accessible services map and asked why it only included the main streets of Penrith.  Councillor Carney advised that this map was a test area for the trial.  After feedback has been received, if the map is user friendly then a version with a larger area could be created.

 

GB 2           Accessible and Wheelchair Seating at the Joan Sutherland Performing Arts Centre      

David Currie referred to the issue raised at the previous meeting regarding accessible and wheelchair seating at the Joan Sutherland Performing Arts Centre.

 

Graham Howe advised that solutions and final designs for the seating are being worked on. The wheelchair seating will be in the same location but with modifications done to enable different configurations.

 

Farah Madon advised that a number of scenarios for the accessible seating were considered, including lift access. However, the best views were from the location currently used for wheelchair seating. The goal is to reconfigure the existing fixed seating, to get good views, have easy access and to allow for multiple configurations to suit a family of four and a wheelchair user in the same location.

 

GB 3           Accessibility in Queen Street, St Marys       

Anthony Mulholland advised that there are areas in Queen Street, St Marys which are inaccessible.  There are large potholes, narrow gaps and if cars are parked it is not always possible to catch a bus.

 

Other issues raised were a street entrance to a cottage in St Marys and a ramp at 4 Gidley Street.

 

Erich Weller advised that these issues would be raised with the relevant manager and that a memo update would be provided to all Access Committee members.

 

GB 4           Australian Standard on Wayfinding    

Farah Madon advised that the Draft Australian Standard Design for Access and Mobility on Wayfinding AS1428.4.2 has been released for public comment. Farah Madon has distributed a copy to Access Committee members.

 

GB 5           2017 NSW Disability Access Inclusion Awards    

Farah Madon advised that the 2017 Disability Access Inclusion Awards will be held on 21 June 2017 which are funded and presented by the NSW Department of Family and Community Services. The categories for the awards are Residential, Non-residential and Outdoor Public Domain Space.

 

GB 6           Timed Traffic Lights  

Joe Ibbitson referred to GB8 at the last Access Committee meeting regarding timed traffic lights.

 

Joe Ibbitson referred to three further sites where timed traffic lights could be installed.

 

·    Corner of Station and Henry Streets

·    Corner of Station and Jane Streets

·    Corner of Henry and Riley Streets

 

Joe Ibbitson advised that Council’s Traffic Section is happy to write to the RMS if they have a recommendation from the Access Committee.

 

RECOMMENDED

That Council write to the RMS to support the installation of additional timed traffic lights in Penrith.

 


 

GB 7           Council 2017 – 2021 Delivery Program – Disability Inclusion Action Planning Priorities  

Joe Ibbitson advised that Council’s 2017 – 2021 Delivery Program, which incorporates the DIAP priorities, is now off exhibition.  The final plan will be presented to Council on 26 June 2017 and when adopted will be sent onto the Minister as a public document.

 

Erich Weller advised that a launch of the DIAP would be planned and all Access Committee members will be invited.

 

GB 8           Joe Ibbitson – Long Service Leave     

Joe Ibbitson informed the Access Committee that he would be taking long service leave from 1 July until 31 December 2017. 

 

GB 9           Online Survey – Public Open Space   

Councillor Carney advised that he is a member of the Recreation Working Party and they have an online survey if Access Committee members would like to make comments.  Claire Galvin advised she would email out the link to everyone.

 

Discussion was held regarding accessible playgrounds.

 

GB 10         Roundabout near the corner of Derby and Woodriff Streets 

Allan Windley enquired if there were rulings on pedestrian crossings near roundabouts, particularly the one in front of the bowling club on Derby and Woodriff Streets.  He advised that a few of the vision impaired people that he knows have to wait until a bus comes before they feel safe to cross the road.

 

Erich Weller advised that the RMS has strict rules about the distance between a roundabout and a crossing.  There is an island in the middle of the road closer to the supermarket, rather than the club.  It has not been possible to get a pedestrian crossing in that area.

 

Farah Madon advised that guide dogs were no longer trained on that road as it is very busy.

 

Erich Weller said that this matter would be taken to the Traffic Section for advice – maybe a traffic island is also needed from the southern to northern side of Derby Street.  The Access Committee will be provided with the current advice.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.45pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 June, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                                    24 July 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 July, 2017

 

 

 

PRESENT

Councillor Karen McKeown, 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

 

David Lance – Roads and Maritime Services, Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Kevin King – Trainee Engineer, Bernie Meier – Signs and Linemarking Officer, Noel Fuller – Ranger & Animal Services Coordinator, Anthony Baradhy – Civil Engineering Work Experience Student.

 

APOLOGIES

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Aaron Duke (Representative for the Member for Londonderry), Councillor Marcus Cornish, Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 June 2017

Adam Wilkinson – Engineering Services Manager made reference to General Business Item 6 on “Thompson Avenue and Australia Street, St Marys - Concerns about Parked Vehicles” previously raised by Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) at 5 June 2017 LTC meeting, and advised that the matter relates to Item 10 in today’s LTC Business Paper on “Australia Street & Thompson Avenue, Oxley Park – Provision of “No Stopping” Restrictions.”

 

The minutes of the Local Traffic Committee Meeting of 5 June 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Craig Avenue, Oxley Park - Proposed Signage and Linemarking                               

RECOMMENDED

That:

1.    The information contained in the report on Craig Avenue, Oxley Park - Proposed Signage and Linemarking be received.

2.    A double barrier centreline be installed on the bend in Craig Avenue near Lucy Cobcroft Park, and to extend the double barrier centreline 10 metres in both directions beyond the bend, as shown in Appendix 1. 

3.    Consultation be undertaken with affected residents regarding the proposed ‘No Stopping’ zone on Craig Avenue, Oxley Park.

4.    Subject to no substantial objections, a ‘No Stopping’ zone be installed on both sides of Craig Avenue to a distance 6 metres beyond the end of the double barrier linemarking in both directions, on both sides of Craig Avenue, Oxley Park as shown in Appendix 1.

5.    Families in Craig Avenue be provided with bicycle safety information, such as wearing bicycle helmets.

6.    Residents of Craig Avenue who met Council on site, Deputy Mayor Councillor Hitchen, Council’s Place Management Team and the residents affected be informed. 

 

2        Major Traffic Facilities Program 2017-18                                                                        

Adam Wilkinson – Engineering Services Manager expressed his thanks to David Drozd – Traffic Engineering Coordinator, the Traffic Engineering Services team and the Roads and Maritime Services (RMS) for all their work in ensuring the funding and delivery of the Projects for the Black Spot Program.

RECOMMENDED

That:

1.    The information contained in the report on Major Traffic Facilities Program 2017-18 be received.

2.    Projects listed in Table 3 “Projects Proposed for Construction 2017/18” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

3.    If the detailed cost estimates for projects are higher than listed in Table 3, the lower ranked projects be deferred to future programs.

 

3        Colless Street, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone                                                                                                                 

Wayne Mitchell (Chair) – Executive Manager Environment and City Development advised the Committee for its information that Council’s Policy highlights that when assessing Development Applications for buildings, waste collection is to be carried out on-site rather than on-street, however, this is not always feasible in every situation.

Noel Fuller – Ranger & Animal Services Coordinator advised the Committee that the proposed “No Parking – Waste and Removalist Vehicles Excepted” zone signage should be amended to “No Parking – Waste Collection and Removalist Vehicles Excepted” zone signage for enforcement measures.

RECOMMENDED

That:

1.      The information contained in the report on Colless Street, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone  be received.

2.      Amended “No Parking – Waste Collection and Removalist Vehicles Excepted” signage (R5-455 or R5-447 modified) be installed in Colless Street, Penrith, close to the proposed garbage bay associated with the development at 38-40 Hope Street, Penrith in accordance with the (amended as above) plan prepared by Building Environments Pty Ltd, numbered 0513/4/B dated 20/6/17.

3.      All costs associated with the implementation of the signposting will be at no cost to Council.

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

 

5.      Council’s Waste Services Section and Rangers be advised of Council’s decision.

6.      Council’s Traffic Engineers be given the authority to review the existing “No Parking – Waste and Removalist Vehicles Excepted” signage previously endorsed by Council in the Penrith LGA, and amend the signage to “No Parking – Waste Collection and Removalist Vehicles Excepted” as required.

 

4        Kurrajong Road and Poplar Street, North St Marys - Provision of "No Stopping" Restrictions                                                                                                                        

Steve Grady of Busways requested to the Committee that the existing Bus Stop on the southern side of Kurrajong Road, North St Marys, fronting No. 17 Kurrajong Road (opposite the intersection of Poplar Street) be reviewed and consideration be given to making it a bus zone.

RECOMMENDED

That:

1.    The information contained in the report on Kurrajong Road and Poplar Street, North St Marys - Provision of "No Stopping" Restrictions be received.

2.    Consultation be undertaken with affected residents regarding Council’s intention to implement “No Stopping” restrictions as shown in Appendix 1.

3.    Subject to no substantial objections, “No Stopping” restrictions be implemented at the intersection of Kurrajong and Poplar Street, North St Marys, as shown in Appendix 1.

4.    The resident and Council’s Rangers be advised of Council’s decision.

5.     Council’s Traffic Engineers undertake a review of the current Bus Stop located on the southern side of Kurrajong Road, North St Marys, fronting No. 17 Kurrajong Road (opposite the intersection of Poplar Street) with the option of making the current Bus Stop a Bus Zone, and a further report be brought back to the Local Traffic Committee.

 

5        Manning Street, Kingswood - Provision of Parking Lane Edge Lines                        

Laura Van Putten of the RMS advised the Committee of her concerns about the proposed 3 metres travel lanes on Manning Street, Kingswood being narrow for buses to travel on.

Steve Grady of Busways advised the Committee that the proposed 3 metres travel lane is sufficient for buses to travel on and highlighted instances where buses operate on narrower streets.

 

 

 

RECOMMENDED

That:

1.    The information contained in the report on Manning Street, Kingswood - Provision of Parking Lane Edge Lines be received.

2.    Parking lane edge lines be installed generally between Edward Street and Calgaroo Crescent on the western side of the street; and the northern footpath and Casuarina Circuit on the eastern side of the street generally as shown in Appendix 1.

3.    The Anglicare Caddens Village Residents’ Committee be advised of Council’s decision.

 

6        Pyramid Street, Emu Plains - Proposed Extension to "No Stopping" Restrictions  

RECOMMENDED

That:

1.    The information contained in the report on Pyramid Street, Emu Plains - Proposed Extension to "No Stopping" Restrictions be received.

2.    Consultation be undertaken with affected residents regarding Council’s intention to extend the “No Stopping” signage as shown in Appendix 1.

3.    Subject to no substantial objections, “No Stopping” restrictions be extended on both sides of Pyramid Street, Emu Plains, as shown in Appendix 1.

4.    The residents, Lennox Village Shopping Centre Management and Council’s Rangers be advised of Council’s decision. 

 

7        Riley Street Food Festival, Penrith - Saturday 4 and Sunday 5 August 2017            

Matthew Shirvington of Penrith Police LAC advised the Committee that Penrith Police LAC does not require a Schedule Form 1 under the Summary Offences Act for this event.

Laura Van Putten of RMS advised the Committee that prior to commencement of works, the applicant is to obtain necessary Roads and Maritime Services Approvals with regard to working in proximity to traffic signals and that the TMP is amended accordingly.

Steve Grady of Busways advised the Committee that the existing Bus Stop on Riley Street, Penrith is currently used by Comfort Delgro Cabcharge (Blue Mountains Bus Company) as a bus terminus. Steve Grady of Busways advised that the applicant must liaise with Comfort Delgro Cabcharge about arranging an alternative location for the bus terminus and obtain their concurrence before proceeding with the event.

 

RECOMMENDED

That:

1.    The information contained in the report on Riley Street Food Festival, Penrith - Saturday 4 and Sunday 5 August 2017 be received.

2.    The temporary road closure of Riley Street, between Jane and Henry Streets, Penrith be approved from 10am on Saturday 4 August, 2017 to 9pm on Sunday 5 August, 2017.

3.    The event applicant be advised that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that the following conditions and requirements specified in the Guide must be complied with prior to the event;

a.   A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Council, prior to the event

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

c.   A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council and NSW Police prior to the event. 

d.   The event applicant obtains separate approval of the proposed temporary road closure from the NSW Police prior to the event.

e.   The applicant obtain necessary Roads and Maritime Services Approvals with regard to working in proximity to traffic signals prior to commencement of works and the TMP be amended accordingly.

f.    Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

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

h.   The event applicant advertises the proposed traffic management arrangements in local newspapers and notify surrounding businesses 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. VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

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

j.    The event applicant notifies taxi companies and obtain concurrence from bus companies including Comfort Delgro Cabcharge (Blue Mountains Bus Company) of the proposed event and submits a copy of the notification to Council prior to the event.  Bus companies, shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

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

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

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

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

 

8        Neale Street, St Marys - Provision of Double Barrier Linemarking                             

RECOMMENDED

That:

1.    The information contained in the report on Neale Street, St Marys - Provision of Double Barrier Linemarking be received.

2.    Double Barrier (BB) linemarking be installed for 10 metres on Neale Street, at the intersection with Putland Road, St Marys (as shown on Appendix 1).

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

 

9        Nepean River Bridge - Proposed Wide Load Deliveries                                               

RECOMMENDED

That:

1.    The information contained in the report on Nepean River Bridge - Proposed Wide Load Deliveries  be received.

2.    The Traffic Management Plan prepared by Toll Transport numbered TMP-16-016 dated 6 June, 2017, where it relates to Bruce Neale Drive, Penrith, be endorsed.

3.    Seymour Whyte Constructions Pty Ltd be advised of Council’s resolution.

 

10      Australia Street and Thompson Avenue, Oxley Park - Provision of "No Stopping" Restrictions                                                                                                                        

Adam Wilkinson – Engineering Services Manager made reference to General Business Item 6 on “Thompson Avenue and Australia Street, St Marys - Concerns about Parked Vehicles” previously raised by Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) at 5 June 2017 LTC meeting, and advised that the matter relates to this Item.

RECOMMENDED

That:

1.    The information contained in the report on Australia Street and Thompson Avenue, Oxley Park - Provision of "No Stopping" Restrictions  be received.

2.    Consultation be undertaken with affected residents regarding Council’s intention to implement “No Stopping” restrictions as shown in Appendix 1.

3.    Subject to no substantial objections, “No Stopping” restrictions be implemented at the intersection of Australia Street and Thompson Avenue, Oxley Park, as shown in Appendix 1.

4.    The resident, Council’s Rangers and Deputy Mayor, Councillor Tricia Hitchen be advised of Council’s decision.

 

11      Oxford Street, Cambridge Park - Proposed 'Bus Zone' and 'No Stopping' Signage

RECOMMENDED

That:

1.    The information contained in the report on Oxford Street, Cambridge Park - Proposed 'Bus Zone' and 'No Stopping' Signage  be received.

2.    Consultation to be undertaken with affected residents on Oxford Street, Cambridge Park.

3.    Subject to no substantial objections, the existing ‘Bus Stop’ on 76 Oxford Street, Cambridge Park be adjusted to a 16m long ‘Bus Zone’ as shown in Appendix 1.

4.    Subject to no substantial objections, ‘No Stopping’ signage from the ‘Bus Zone’ on Oxford Street, Cambridge Park to 10m south into Breyley Road, Cambridge Park as shown in Appendix 1.

5.    Busways to be advised of the proposed changes.

 

12      Batt Street, Jamisontown - Proposed 'No Stopping' Signage                                     

RECOMMENDED

That:

1.    The information contained in the report on Batt Street, Jamisontown - Proposed 'No Stopping' Signage be received.

2.    Consultation be undertaken with adjoining businesses and properties.

3.    Subject to no substantial objections, 50m of ‘No Stopping’ be installed to encompass the driveways of 90 Mulgoa Road, Jamisontown located on Batt Street, Jamisontown as shown in Appendix 1.

4.    The Resident who raised the matter be informed of the outcome.

 

13      School Pedestrian Safety Program 2017-18 - Endorsement of Design Plans           

Laura Van Putten and David Lance of RMS requested to the Committee that copies of the Design Plans be forwarded to the RMS prior to commencement of construction works.

RECOMMENDED

That:

1.    The information contained in the report on School Pedestrian Safety Program 2017-18 - Endorsement of Design Plans be received.

2.    Consultation be undertaken with neighbouring properties in regards to regulatory signposting related to the proposed designs.

3.     The Design Plans be referred to RMS for their concurrence prior to commencement of construction works.

 

 

4.    Subject to no substantial objections being received, Design Plans AH126, AB181 and AM188 (dated June 2017) be endorsed for construction, with funding provided from the 2017/18 Pedestrian Infrastructure Around Schools Program.

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

 

14      Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Proposed "Left Only" Restriction                                                                                                                          

RECOMMENDED

That:

1.    The information contained in the report on Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Proposed "Left Only" Restriction be received.

2.    Subject to Roads and Maritime Services approval of the Traffic Management Plan, the concept design plan for provision of “Left Only” restrictions in Wattlebird Crescent and Ridgetop Drive, Glenmore Park, as shown on Appendix 1, be finalised and a further detailed design plan be reported to a future LTC meeting for endorsement and construction.

 

GENERAL BUSINESS

 

GB 1           Riley Street, Penrith - Temporary Road Closure  

Background

The purpose of this report is to provide information on temporary traffic controls to be implemented during roadside dining area upgrade works in Riley Street, adjacent to Westfield Penrith. The report recommends the information be noted.

 

Council has received a Traffic Management Plan (TMP), which includes Traffic Control Plans (TCPs, 1 through to 8) for the proposed temporary closure of Riley Street to traffic, between Henry Street and Jane Street, as per Condition 32 of DA15/0951 for the upgrade of Riley Street dining precinct. The applicant is Scentre Group (owner and operator of Westfield).

Current Situation

It is anticipated that Riley Street will be partially closed for a period of 2 weeks to complete the works. A Roads Act approval has been issued for the works (reference CCX17/0020), including removal of the existing emergency services bay on the western side of Riley Street (just north of Henry Street), reinstatement of kerb and gutter, minor stormwater drainage works, and landscaping works.

 

It is understood from the TMP that the pedestrian traffic signals on Riley Street, beneath the overhead walkway, will remain in operation for the 2 week duration of works, however sections of footway will be closed to the public as shown in the included TCPs.

In Summary

Impacts of the works proposed are listed below:

·    Detours and lane merges as per TMP and included TCPs.

·    Night and Day works to be undertaken throughout the duration of the closure.

·    Vehicular circulation – refer to detour routes outlined in TMP and included TCPs.

·    Pedestrian access – Pedestrians to be directed to traffic signals at the corners of either Henry/Riley Streets or Jane/Riley Streets. Access will vary at different stages of construction (refer to TMP and included TCPs).

·    Mobile plant to be used onsite for construction purposes including scissor lifts, truck-mounted lifts, boom lifts and mobile cranes.

 

Necessary Roads and Maritime Services approvals with regard to working in proximity to traffic signals is to be obtained prior to commencement of works and the TMP amended/ added to accordingly. The report is submitted for the information of the Local Traffic Committee.

RECOMMENDED

That: 

1.    Scentre Group ensures that notification with affected businesses, adjacent properties, emergency services, Blue Mountains Bus Company, Busways and Transport for NSW, is undertaken at least 2 weeks prior to road closure.

 

2.    Necessary Roads and Maritime Services Approvals with regard to working in proximity of traffic signals is to be obtained prior to commencement of works, and the TMP is amended accordingly.

3.    The applicant obtain a Road Occupancy Licence for the period of the closure and, in doing so, advise Council of the proposed commencement and completion date of works.

 

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

Noel Fuller - Ranger & Animal Services Coordinator advised the Committee that Council’s Rangers have commenced enforcement of the “Park in Marked Bays Only”, “No Stopping” zone, Pedestrian Crossing  and “No Entry” signage that has recently been installed in the Temporary Commuter Car Park at Dunshea Street, Penrith, as previously presented in General Business Item 2 at 5 June 2017 LTC meeting.

Noel Fuller informed the Committee that there have been instances of drivers not complying with the recently installed signage and advised that Council’s Rangers will continue to patrol and enforce the endorsed signage in the Temporary Commuter Car Park at Dunshea Street, Penrith.

RECOMMENDED

That the Committee note the information.

 

GB 3           Caddens Road and Gipps Street, Claremont Meadows - Difficulty          for Bus Turning Movements   

Steve Grady of Busways advised the Committee of concerns regarding difficulty around bus drivers turning left into Caddens Road (heading eastbound) from Gipps Street, Claremont Meadows.

Adam Wilkinson – Engineering Services Manager advised the Committee of subdivision works occurring to the east of the subject intersection of Caddens Road, Gipps Street and Kent Road, Claremont Meadows which may have an impact on traffic flow at the subject intersection.

 

RECOMMENDED

          That:

1.   Council’s Traffic Engineers liaise with Council’s Development Engineers regarding the subdivision and construction works occurring near the intersection of Caddens Road, Gipps Street and Kent Road, Claremont Meadows and investigate options to improve traffic conditions to assist buses when turning left into Caddens Road from Gipps Street, Claremont Meadows.  

 

2.   Steve Grady of Busways be advised of the results of the investigation.

 

There being no further business the Chairperson declared the meeting closed the time being 10:20am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 July, 2017 be adopted.

 

 


Ordinary Meeting                                                                                                    24 July 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 10 July, 2017

 

 

 

PRESENT

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

 

 

APOLOGIES

Apologies were received for Council Bernard Bratusa.

 

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 May 2017

The minutes of the Policy Review Committee Meeting of 8 May 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – Mobile Local Food and Homelessness Support Services Policy as he is a key supporter of two of the volunteer services mentioned in the report.

 

DELIVERY PROGRAM REPORTS

 

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

 

2        Mobile Local Food and Homelessness Support Services Policy                                

RECOMMENDED

That:

1.      The information contained in the report on Mobile Local Food and Homelessness Support Services Policy be received.

2.      Council endorse the Mobile Local Food and Homelessness Support Services Policy as attached to this report.

 

Outcome 4 - We have safe, vibrant places

 

1        High St, Linear Plaza Concept Amendment                                                                   

RECOMMENDED

That:

1.    The information contained in the report on High St, Linear Plaza Concept Amendment be received.

2.    The amended layout of curb extensions be adopted as the new format of the Linear Plaza, to progress to detailed design and implementation.

 

Outcome 7 - We have confidence in our Council

 

3        Redundant Policies                                                                                                           

RECOMMENDED

That:

1.    The information contained in the report on Redundant Policies be received.

2.    The Children’s Services policies; CS001 Provision of Child Care Centres, CS002 Child Care Services, CS003 Child care Centres in Residential Areas, CS004 Registration of Child Care Centre Names and CS005 Funding of Before and After School Care Services be removed from Council’s current policy register.

3.    The Development Services policy, DS 001 Erskine Park Quarry - Putrescible Waste be removed from Council’s current policy register.

4.     A report be brought to Council on the potential for a policy on the planning and regulation of putrescible waste transfer stations.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:28pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 July, 2017 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 Outcome 2 - We plan for our future growth

 

1        Prohibition on the establishment of cemeteries in the Mulgoa Valley                               1

 

2        Update on Consultation regarding Western Sydney Airport                                             6

 

 

Outcome 3 - We can get around the City

 

3        Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 - Nominations                                                                                                                     11

 

 

Outcome 4 - We have safe, vibrant places

 

4        Tender Reference 16/17-18, Weir Reserve Rowing Dock                                              17

 

5        Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh                                                   21

 

 

Outcome 5 - We care about our environment

 

6        Roadside Reserve Environmental Management Grant                                                   27

 

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

 

7        Multicultural Working Party - Community Member Casual Vacancy                               31

 

Outcome 7 - We have confidence in our Council

 

8        Tender Reference 16/17-13, Provision of Catering Services                                          35

 

9        Borrowing Program 2016-17                                                                                            40

 

10      Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927)                                                                                                                                           43

 

11      Outcome of 5 Litigation Matters in the Land and Environment Court                             48

 

12      Audit Committee                                                                                                               53

 

13      Summary of Investments & Banking for the period 1 June to 30 June 2017                  59

 

 


 

 

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        Prohibition on the establishment of cemeteries in the Mulgoa Valley                               1

 

2        Update on Consultation regarding Western Sydney Airport                                             6

 

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

1

Prohibition on the establishment of cemeteries in the Mulgoa Valley   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager 

Requested By:            Councillor Ross Fowler OAM

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

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

      

 

Executive Summary

The purpose of this report is to respond to a request made by Councillor Ross Fowler OAM for a report investigating the case for Council to prohibit the establishment of cemeteries in the Mulgoa Valley. The report concludes by presenting options for Council to consider to address and advance this matter.

Background

At Council’s Ordinary Meeting of 26 June 2017, Councillor Ross Fowler OAM requested that an urgent report be presented to the next Ordinary Meeting of Council looking at the case for Council to prohibit the establishment of cemeteries in the Mulgoa Valley.

 

Situated in the south-west part of the Penrith Local Government Area (LGA), the Mulgoa Valley (the Valley) contains a significant rural landscape, including agricultural qualities, cultural heritage values, scenic values and the setting of the villages of Mulgoa and Wallacia.

 

Penrith Local Environment Plan 2010 (LEP 2010) prescribes development standards and provisions for development in the Valley, including additional local provisions which are intended to protect and enhance its values and qualities. These standards and provisions must be considered by a consent authority as part of an assessment process for a development proposal.

 

The predominant land use zones in the Valley are: E3 Environmental Management; E1 National Parks and Nature Reserves; and E2 Environmental Conservation. There is also a small area in Mulgoa zoned RU2 Rural Landscape in the location occupied by a landfill depot. Small areas of E4 Environmental Living, RU5 Village, RE1 Public Recreation, and special uses zonings are also present in parts of the Valley.

 

The land use ‘cemetery’ is defined under LEP 2010 as:

 

cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.

 

Under LEP 2010 cemeteries are permissible with development consent in the following land use zones: RU2 Rural Landscape; RU4 Primary Production Small Lots; and E3 Environmental Management. It is noted that ‘crematoria’ is a separately defined land use under LEP 2010 which is prohibited in the E3 zone but is permitted in the RU2 and RU4 zones.

 

It is noted that the planning controls which applied to the Valley prior to LEP 2010 were set by Sydney Regional Environmental Plan No.13 – Mulgoa Valley (SREP 13). Under SREP 13 cemeteries were not specifically prohibited in the ‘1 Rural Conservation’ zone. This zone applied to much of the area now covered by the E3 zoning under LEP 2010. The inclusion of cemeteries as permissible in the E3 zoning was an anomaly in the translation from SREP13 to the LEP Template. The importance of the Valley and the consideration of its significant landscape and scenic qualities was further reinforced in the LEP through a specific clause outlined further below.

Local Environmental Plan 2010 amendment

A potential means by which Council may prohibit cemeteries in the Valley is to amend the LEP 2010 Land Use Table to remove ‘cemeteries’ from the list of land uses permitted with consent in the E3 Environmental Management zone. Cemeteries are not a mandated permissible land use in E3 zones under the Standard Instrument – Principal Local Environmental Plan, meaning that Council has the ability to remove that land use from the list of uses that are permissible in that zone. Note that it is not possible to schedule certain land uses as prohibited in the LEP, but rather to remove that land use from the list of uses that are permissible.

 

The outcome of this proposed change would result in no lands in the Valley containing a land use zoning in which cemeteries are permitted with development consent, apart from the small area of RU2-zoned land in Mulgoa containing a landfill depot.

 

If cemeteries were removed as a permitted use in the E3 zone, the result of this change would be that cemeteries in the Penrith LGA would be permissible with consent only in RU2 and RU4 land use zones. Land containing these zonings is primarily located in the south-east and in the northern parts of the Penrith LGA.

 

To enable this change, a Planning Proposal would need to be prepared to seek an amendment to LEP 2010. The Planning Proposal would be endorsed by Council and then forwarded to the Minister for Planning with a request to issue a ‘Gateway Determination’ and authorisation that the LEP plan making process may proceed. As part of the preparation of the Planning Proposal Council would need to undertake necessary research and build a case for the proposed change to LEP 2010. The Department of Planning and Environment (DP&E) would consider the supporting research and determine whether there is merit for the proposed change.

 

Another potential means by which Council may prohibit cemeteries in the Valley is to amend LEP 2010 to prepare an additional local provision which prohibits cemetery development in the Valley. This would allow cemeteries in the E3 zone but prohibit them specifically in the Valley. Initial discussions with the DP&E in relation to this matter indicate that as part of the preparation of the Planning Proposal Council would need to undertake necessary research to justify the proposed change.

 

Cemeteries and District planning

 

Council’s consideration of the most appropriate land use zones and locations for cemeteries can be further informed by research currently being undertaken into cemeteries by the NSW Government and the Greater Sydney Commission.

 

The NSW Government’s A Plan for Growing Sydney (2014) sets out an action to deliver long-term planning for cemeteries and crematoria infrastructure. The policy states that “Providing adequate cemetery space to meet future demand is a land use planning issue that affects current and future generations. It requires suitable land for new cemeteries to be identified and protected”. The policy identifies that cemetery space in Sydney may be exhausted by 2050 with critical shortages apparent by 2036.

 

In the policy the NSW Government has committed to facilitating market delivery of sufficient space for cemeteries to meet future local and regional demand by:

§ considering evidence-based benchmarks for cemetery space that take into account population growth and density, mortality rates, cultural composition and interment trends;

§ providing guidance on appropriate locations for new cemeteries; and

§ ensuring appropriate land use controls and zoning to facilitate cemetery development.

 

The Greater Sydney Commission’s draft West District Plan (2016) identifies a specific action to support planning for cemeteries and crematoria at a district co-ordinated level. It states that “To support relevant planning authorities in planning for the full spectrum of their residents’ lives, Cemeteries and Crematoria NSW will provide guidance on the appropriate location and development consent conditions for new cemeteries and appropriate land use controls and zoning”.

 

DP&E recently refused a Planning Proposal which sought to prohibit cemeteries in some zones in the Liverpool City Council LGA, stating that the prohibition of this land use was premature due to the need to prepare subregional delivery plans and to establish the new Agency for Cemetery and Crematoria NSW. This agency will establish planning strategies and guidelines to address current and future interment needs and codes of practice for cemeteries and crematoria.

 

Council’s preliminary research further supports this approach and indicates that there is a changing nature of service provision from smaller localised facilities, to larger regional style facilities that are designed to cater for the long-term growth of the greater Sydney population. This highlights the need to investigate cemetery planning on a regional basis to ensure appropriate provisions for these facilities.

 

In line with the draft district plans, work is currently being prepared by the NSW Government and Greater Sydney Commission in relation to long-term planning for cemeteries.

 

Development assessment process

 

Any development proposal for a cemetery would undergo a development assessment process where the consent authority would consider, amongst other things, the various provisions of LEP 2010 including the zone objectives, the permissibility of the use under the Land Use Table for the zone, additional local provisions for the Mulgoa Valley, scenic character and landscape values, and the heritage conservation incentive clause if applicable.

 

It is important to acknowledge that even if cemeteries are prohibited in a zone, there may be opportunity for consideration of such a use if the land contains a heritage item through the heritage incentive clause [Clause 5.10(10) of LEP 2010]. This allows a proponent to seek development consent for a prohibited land use on land containing a building that is a heritage item under Schedule 5 of LEP 2010. There are very clear provisions that have to be met in order to justify a prohibited land use and these matters would be considered as part of a development assessment process.

 

In relation to current development approvals, it is noted that a proposed new cemetery known as Luddenham Memorial Park, located at 2207-2223 Elizabeth Drive, Luddenham (located in the southern portion of the LGA) received development consent in 2014. The development will include a crematorium, chapels, a café, florist and caretaker facilities. A total of 25,000 lawn and 13,000 columbarium memorialisation plots were approved.

 

Options for Consideration

 

In considering the above there are a number of potential options for Council to consider in determining its direction in relation to the permissibility of cemeteries in the Penrith LGA and the Mulgoa Valley:

 

1.   Prohibit cemeteries in E3 zone across the Penrith LGA

 

Amend LEP 2010 to remove ‘cemeteries’ from the list of land uses permitted with consent in the E3 Environmental Management zone Land Use Table, noting that this would result in there being no lands in the Valley containing a land use zoning in which cemeteries are permitted; that cemetery development may still be possible at some sites under the heritage conservation incentive clause; and that only the RU2 and RU4 zoned lands would be available for development of cemeteries to meet future demand. A planning proposal would need to be prepared to amend LEP 2010 and proceed through a gateway process which could take in order of 12 months.

 

2.   Prohibit cemeteries through a local provision in Mulgoa Valley

 

Amend LEP 2010 to prepare an additional local provision which prohibits cemetery development in the Valley and overrides other provisions of LEP 2010. A planning proposal would need to be prepared to amend LEP 2010 and proceed through a gateway process which could take in order of 12 months. The changes would include an amendment to Clause 7.18 (Mulgoa Valley) to amend this local provision and map.

 

3.   Apply a district approach to the locational requirements for cemeteries

 

Council to await the outcomes of the work currently being prepared by the NSW Government and Greater Sydney Commission in relation to long-term planning for cemeteries. The guidance received by Council would inform the consideration of the most appropriate land use zones and locations for cemeteries and what amendments would be required to LEP 2010.

 

4.   Do nothing and rely on existing development controls to manage cemeteries in the LGA

 

Council to rely on the existing development standards and provisions under LEP 2010 in the consideration of development proposals. Any proposal for a cemetery would undergo a development assessment process where the consent authority would consider, amongst other things, the various provisions of LEP 2010 including the zone objectives, the permissibility of the use under the Land Use Table for the zone, additional local provisions for the Mulgoa Valley, scenic character and landscape values, and the heritage conservation incentive clause if applicable.

 

 

 

 

Conclusion

 

As well as a case for prohibiting cemeteries in the Mulgoa Valley and the mechanism for this, other options have been presented that should be considered by Council in making its decision. If Council proceeds with Option 1 or 2, the Gateway process to amend the LEP could commence, however during the intervening period Council would continue to apply existing provisions to future development applications to ensure the intended objectives of the Mulgoa Valley are achieved.

 

 

 

RECOMMENDATION

That the information contained in the report on Prohibition on the establishment of cemeteries in the Mulgoa Valley be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

2

Update on Consultation regarding Western Sydney Airport   

 

Compiled by:               Rachel Pagitz, Advocacy and Government Relations Officer

Authorised by:            Kylie Powell, Executive Manager - City Economy & Planning 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Respond to and influence planning legislation and related policies of government

 

Previous Items:           Western Sydney Airport - Communications Strategy on Draft Airport Plan and EIS Exhibition - Ordinary Meeting - 27 Mar 2017      

 

Executive Summary

At its meeting on 27 March 2017 Council received a report requested by Cr Crameri OAM on the activities undertaken to provide information to the community on the Western Sydney Airport (WSA). As a result, Council resolved to: “write to the Department of Infrastructure and Regional Development (DIRD) requesting a public forum be held which will provide the information that has been previously provided to Council at a Councillor Briefing.”

 

Council wrote to the DIRD with this request. The Department responded, advising that it does not intend to hold a public forum and will continue to use a wide range of channels to provide information to the community. Council’s letter and the response from DIRD are included as Attachment 1 & 2.

 

A further report was requested by Cr Crameri OAM at Council’s Ordinary Meeting of 26 June 2017. This report provides the context from which Council can consider, again, how it communicates with the public on the topic of the airport, and as an element of that, the case for the holding of a forum.

How have the community been informed about the airport?

With the decision taken to accept the Federal Government’s decision to build the airport, Councillors received a briefing on proposed communications activities for the WSA in June 2015.  The objective of the communications and advocacy strategy was to inform the community and stakeholders of Council’s resolution and ongoing actions relating to the WSA.  In particular, the strategy would focus on seeking the delivery of vital transport connections and infrastructure and building our economy through airport-related skills and jobs.  Council’s document “Western Sydney Airport – Maximising benefits and minimising impacts” was subsequently launched in August 2015, setting out a program of advocacy around the proposed WSA.  This document is included as Attachment 3.  This work has continued to support Council’s ongoing advocacy and communications with our community and is also summarised on Council’s dedicated Airport webpage www.penrithcity.nsw.gov.au/airport

 

At the Ordinary meeting of 27 March 2017, Council received a report on the extensive and ongoing communications activities undertaken to provide information to the community including the communications strategy implemented to inform our community of the exhibition of the draft Airport Plan and draft Environmental Impact Statement (EIS). It also outlined the numerous channels used to date to provide ongoing information to our community. The report also outlined actions by Council’s officers to actively encourage the Federal Government to undertake significant consultation, including an extended exhibition period for the EIS. 

 

Communications by Council with the community (as detailed at the Ordinary Meeting of March 27) has included:

 

·    Social media posts – promoting the Federal Government’s information sessions and its WSA website, and providing information on how to make a submission to the Federal Government.

·    A dedicated page on Council’s website - including information on Council’s position, links to the findings of the independent peer review and Council’s full submission on the draft Airport Plan and draft EIS.

·    Mayoral columns and media releases – including calls for an extended consultation period and key messages relating to road and rail connections, jobs and noise.

·    Corporate News pages

·    Radio messages

·    Regular articles in the Community Newsletter

·    Around 1,000 Postcards distributed at train stations through community engagement activities, and

·    Supporting displays and material provided at library branches and in the Civic Centre.

 

In developing and implementing the communications strategy, the cross departmental Airport Team formed to oversee all WSA matters, also took into account the Federal Government’s consultation and engagement activities and the timing and length of the EIS consultation period alongside Council’s advocacy objectives to developing this approach. 

 

Activities undertaken by the Department of Infrastructure and Regional Development (DIRD)

 

Over the past two years DIRD’s primary communication tools have included pop-up information stalls at local community events and shopping centres, a quarterly newsletter distributed to over 10,000 residents in proximity to the airport site, through Council’s offices and online and a dedicated website. Community pop-ups have been held several times in the Penrith LGA, with the most recent on 22 April 2017 at Nepean Square where more than 140 people spoke to DIRD representatives.

 

The DIRD, in their most recent letter to Council, outlined key elements of the community and stakeholder engagement strategy it has undertaken over the last two years on the Western Sydney Airport (WSA), including a number of community pop-up events and the recent establishment of the Forum on Western Sydney Airport (FOWSA). The letter indicates that, in its experience, “these multiple means of information dissemination are more valuable than public forums”.

 

The letter also expresses the Department’s commitment to keeping the Penrith community informed on the WSA project. Council officers are maintaining regular contact with DIRD and will continue to do so to ensure good access to information via a range of media is available to our community.

As a condition of the Western Sydney Airport Plan, the Forum on Western Sydney Airport (FOWSA) was established as the main community consultation group to provide feedback on the airport flight path design process. Penrith Mayor John Thain and Penrith City representatives Wayne Willmington and Gordon Henwood have been appointed to the Forum alongside residents of Western Sydney and the Blue Mountains, and representatives from state and local government, industry and major airlines.

 

FOWSA is Chaired by Western Sydney University Chancellor, Professor Peter Shergold AC, and met for the first time on Friday 26 May. The meeting was followed by a tour of the Western Sydney Airport (WSA) site.

 

It is intended FOWSA will be a valuable forum to ensure local voices are heard on airport issues during development of the WSA, particularly the flight path development and other aspects of the airport’s operation. FOWSA members are also asked to disseminate information back to the community through any channels available to them.


Council is also represented on the Biodiversity Experts Group – providing technical advice on the development of a Biodiversity Offset Delivery Plan for WSA.

 

Conclusion

 

Council has long been committed to effectively communicating with, and advocating for, our community on relevant airport matters. This report outlines the many channels through which we are doing this and will continue to do so.

 

It is considered that these collective activities are far superior in terms of their reach into the broader Penrith City community than a forum.

 

Given the range of communications channels available and complexity of information, the communications approach presented to Council in June 2015 remains the most appropriate way to engage and communicate with the community on this matter.

 

Council will continue to keep the community informed about airport related matters through its multiple channels, including the FOWSA, while also continuing to advocate to maximise the benefits and minimise impacts of the future WSA.

 

 

 

RECOMMENDATION

That the information contained in the report on Update on Consultation regarding Western Sydney Airport be received.

 

 

 

ATTACHMENTS/APPENDICES

1.

Letter from PCC to DIRD requesting Public forum

1 Page

Attachments Included

2.

Letter from DIRD to PCC advising no public forum

2 Pages

Attachments Included

3.

Maximising Benefits Airport Advocacy document

24 Pages

Attachments Included

   


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

3        Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 - Nominations                                                                                                                     11

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

3

Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 - Nominations   

 

Compiled by:               David Drozd, Traffic Engineering Co-ordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

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

      

 

Executive Summary

The purpose of this report is to advise Council of projects nominated under the Australian Government Blackspot Program and NSW Safer Roads Program 2018/19.  The report recommends that the nominated projects submitted to the NSW Black Spot Consultative Panel of the Roads and Maritime Services (RMS) be endorsed.

Background

The RMS has invited Council to identify and nominate new conforming projects for the Australian Government Blackspot Program and NSW Safer Roads Program 2018/19, and to forward its submissions to the NSW Black Spot Consultative Panel by Monday 31 July 2017.

 

The Black Spot Program is part of the commitment to reduce crashes on Australian roads.  Road crashes are a major cost to Australians every year.  Black Spot projects target those road locations where crashes are occurring.  By funding measures such as traffic signals and roundabouts at dangerous locations, the program reduces the risk of crashes.  Programs of this sort are very effective, saving the community many times the cost of the relatively minor road improvements that are implemented.

 

The Black Spot Program makes an important contribution in reducing the national road toll under the National Road Safety Strategy and Action Plan.  The Australian Government has committed $500 million to the Black Spot Program from 2014-15 to 2018-19.

 

In order to simplify the nomination process for 2018/19 a single project proposal form has been developed to apply for projects under the Australian Government Black Spot Programme and the following NSW Government Safer Roads Sub-Programs as follows:

 

• State Black Spot

• Run-Off Road and Head-On

• Pedestrian Safety

• Local Government Road Safety

• Motorcycle Safety

• Intersection Safety

• Cycling Safety

 

To be eligible, the project(s) will be required to meet the minimum criteria of individual program areas. Only casualty crash data will be used when calculating the safety BCR, whereas traditionally all crashes were used. Furthermore a minimum 3 casualty crashes are required for a Black Spot or length under the National Program, and 2 casualty crashes under the Safer Roads program.

Project Funding Limitations

 

The Australian Government contribution for any crash conforming project will be no greater than $2,000,000. However, emphasis is on low-cost and high-return projects. The minimum project cost that will be considered by the Consultative Panel is $10,000 for rural LGAs and $20,000 for urban LGAs. For Road Safety Audit nominations (that is, nominations submitted for locations without a crash history) that cost more than $300,000 will not be considered.

Current Situation

The following seven projects, listed in Table 1 (below), are proposed to be submitted by Council’s traffic section for nomination under the Australian Government Blackspot Program and NSW Safer Roads Program 2018/19. 

 

Analysis of the accidents is based on the RMS recorded accident data available to Council for the five-year period from 1 July 2011 to 30 June 2016.  Nominated projects were prioritised according to the number of injury crashes that had occurred over the five-year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.

 

Projects were shortlisted from the total list of identified locations in the Local Government Area (LGA) that met the minimum eligibility criteria for the program.  Of these locations, the highest risk locations were more thoroughly examined, with remediation treatments and estimated costs attributed to each project.  The final list of projects offers the Penrith LGA the greatest yield in terms of accident savings for the nomination year and accordingly are the highest ranked against the established criteria.

 

TABLE 1.
List of Projects to be submitted to the RMS under the

‘Australian Government Blackspot Program and NSW Safer Roads Program 2018/19’

 

Street

Intersection

Injury Crashes

Suggested Improvements

 

Cost

BCR

1

ALBERT St, Werrington

GIBSON Ave

2

2 x MIST treatment (1 solid - 1 painted)

$35,000

13.48

2

Pendock Road, Cranebrook 150m blackspot between Warndon Rd and Offerton Wy

near Kingston and Progress

4

Median island with speed cushion treatments.

$50,000

12.05

3

Forrester Road, St Marys

1 Km Blackspot between Glossop St and Christie St

13

Painted edge line including deceleration lane, median closure and MIST at Griffiths St, narrowed lane lines, pedestrian walk through 100m south of Glossop st between the bus stops, pedestrian fencing 40m at Griffiths st @ 700 l/m, removal of two bus stops to eliminate pedestrian desire lines. MIST at Wordoo St

$250,000

8.09

4

SMEETON Rd, Cranebrook

TADMORE Rd

2

Widening up to 2.5m at bend / Median / CAM's

$175,000

8.13

5

Andrews Road, Cranebrook

Greygums Rd

3

Single Lane Roundabout

$250,000

6.79

6

BORROWDALE Way, Cranebrook - 350m Black spot Between Laycock St and Callisto Drv

CALLISTO Drv

5

Traffic Calming (median with 2 x speed cushions) 100m and 150m east of Laycock St to target 3 crashes - Roundabout at Callisto Drive

$275,000

5.30

7

IKIN Road, South Penrith

YORK Rd

2

Single Lane Roundabout

$165,000

5.18

 

 

 

 

 

TOTAL

 $1,200,000

 

 

As part of the review of available accident data, consideration was given to the broader road network. So, in addition to sites on Council’s road network, it is noted that the locations under the RMS control and management, as shown in Table 2 (below), have a high accident history resulting in multiple casualties.

 

The RMS will be advised that these locations on its Arterial Road Network should be investigated as a matter of priority due to their high casualty accident rates. It is understood that the intersection of The Northern Road / Frogmore Road and Tukara Street is also a high priority accident site without traffic controls, and it sits just outside this list with 7 casualty accidents. This intersection will however be treated under the Federal/State Governments $3.6 Billion Western Sydney Infrastructure Plan.

 

In consideration of the list (Table 2), it should also be noted that, the intersection of The Northern Road and Andromeda Drive (State Road intersection) will be treated with Traffic Signals and delivered under the 2017-18 Safer Roads Blackspot Program, with work currently underway by the RMS. In addition, intersections along The Northern Road have also been prioritised for upgrade under the Federal/State Governments $3.6 Billion Western Sydney Infrastructure Plan, including a full duplication of the interchange at the M4 and The Northern Road.

 

The RMS have also recently released a community update on the proposed upgrade of Mamre Road and Saddington Road, St Marys. This intersection upgrade will eliminate turning conflicts and will be funded from the NSW Government’s Pinch Point Program.

TABLE 2.
List of Sites Under RMS Control & Management

 

Item


Primary Road

Intersecting Street

Total Number of Casualty Accidents (5 yrs)

1

THE NORTHERN

M4

17

2

MULGOA

M4

16

3

MAMRE

SADDINGTON

15

4

THE NORTHERN

ANDROMEDA

15

5

PARKER

COPELAND

13

6

GREAT WESTERN

RIVER

12

7

GREAT WESTERN

WERRINGTON

12

8

PARKER

DERBY

11

9

MAMRE

HALL

10

10

GREAT WESTERN

PARKER

10

 

Conclusion

The projects listed in Table 1 are Council’s highest priority sites and as such will be submitted to RMS for their consideration. Further, the RMS will be requested to investigate traffic safety at those sites listed in Table 2.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 - Nominations be received.

2.    Council note the seven projects listed in Table 1 of this report are to be submitted to the Roads and Maritime Services for funding under the Australian Government Blackspot Program and NSW Safer Roads Program 2018/19.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

4        Tender Reference 16/17-18, Weir Reserve Rowing Dock                                              17

 

5        Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh                                                   21

 

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

4

Tender Reference 16/17-18, Weir Reserve Rowing Dock   

 

Compiled by:               Matthew  Buckley, Major Projects Coordinator

Michael  Shahidi, Project Officer

Authorised by:            Rosemarie Canales, 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 16/17-18 for the Design and Construction of Rowing Dock Extension at Weir Reserve was advertised in the Western Weekender on 11 May 2017 and Sydney Morning Herald on 16 May 2017. The tender close date was extended to 21 June 2017 after consultation with all prospective tenderers who had attended the pre tender briefing. The extension of the tender period was carried out to facilitate further meaningful tenders being received and was done so in accordance with Clause 172 of the Local Government Regulation 2005.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Fleetwood Urban Pty Ltd be accepted for the full scope of works outlined in RFT 16/17-18 for the Design and Construction of Rowing Dock Extension at Weir Reserve Project, for a total amount of $194,803 (excluding GST).

Background

In December 2013, the Australian Government announced the launch of the Community Development Grants (CDG) Program. At the time it was outlined that the CDG program would be the mechanism to fund projects including the Government’s election commitments and Government selected uncontracted projects from the Regional Development Australia Fund and Community Infrastructure Grant Program. The CDG Program was established with the intention that it would support needed infrastructure that promotes stable, secure and viable local and regional economies, and identified that grant funding would be considered for the construction and upgrade of local community and sports facilities. The CDG Program is administered by the Department of Infrastructure and Regional Development.

 

On 16 September 2016 Council received correspondence from Senator the Hon Fiona Nash and Senator the Hon Marise Payne confirming the Coalition Government’s 2016 election funding commitments for recreation and arts facility infrastructure in Penrith, totalling $7.45m. As part of this program Penrith City Council has been allocated $270,000 funding for project costs associated with improvements to the existing rowing dock at Weir Reserve. A construction budget of $220,000 (ex GST) was allocated, with the $50,000 remaining funds dedicated to consultant fees and contingencies. 


The tender was structured to allow tenderers the opportunity to determine the length of rowing dock they were able to design and construct for $220,000 (excluding GST).

 

Council became aware that the original deadline for tenders may not result in enough time for meaningful tenders to be submitted and, as such in accordance with Clause 172 of the Local Government Regulations, the tender deadline was extended. All practicable steps were taken to inform persons of the later deadline, in particular tenderers who attended the pre-tender briefing.

 

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

 

One response to the tender was received, as described below (excluding GST):

 

Company

Tendered Length (m)

Tendered Price

Company Location

Directors

Fleetwood Urban Pty Ltd

28.4m

$185,050

Wetherill Park, NSW 2164

Phil Joyce

Ian Joyce

Roger Joyce

 

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 provided Council a value for money solution while achieving competency in technical aspects of the tender.

 

Fleetwood Urban Pty Ltd provided relevant and similar previous experience, such as the Macquarie Park Kayak Launch for Hawkesbury City Council and Fairwater Park Boardwalks and Pedestrian Bridge for Blacktown City Council. They also have multiple previous experiences delivering viewing decks, fishing platforms and other structures for Penrith City Council.

 

Fleetwood Urban Pty Ltd scored very highly in relevant project experience, experience with projects of a similar budget, quality, environmental management and safety.

 

A number of clarifications were requested from Fleetwood Urban Pty Ltd to clarify detailed aspects of their respective tender submissions prior to confirming the recommendation. No significant issues were identified after clarifications were submitted.

 

Evaluation of the Preferred Tender

 

Although only one response to the tender exhibition was received, the tender from Fleetwood Urban Pty Ltd was considered by the Tender Evaluation Committee to provide value for money in terms of effectiveness, price and successful history of completing comparable projects.

 

After the close of the tender, Council identified a stormwater pipe that requires adjustment to suit the new rowing dock extension. Fleetwood Urban provided a price of $9,753 (excluding GST) to adjust the stormwater drainage as a variation to the tenderer. Variations to tenders are permitted in certain circumstances in accordance with Clause 176 of the Local Government Regulation. This Clause allows Council or the tenderer to vary the tender before acceptance as long as all tenderers have had the opportunity of varying their tenders in a similar way. The variation must not substantially alter the original tender. The variation requiring the adjustment to the stormwater pipe is not considered to be substantial and as there was only one tenderer all requirements of Clause 176 have been satisfied. 

 

The tender was structured to allow tenderers the opportunity to determine the length of rowing dock they were able to design and construct for $220,000 (excluding GST).

Fleetwood Urban have submitted a tender response of 28.4 lineal metres (l.m.) of rowing dock extension for $185,050 in addition to the price of $9,753 (excluding GST) for the variation of works for the stormwater pipe adjustment (surplus of $25,197).

 

In the tender offer, Fleetwood Urban also provided a rate for a further potential extension of rowing dock. This rate is $6,516 per lineal metre. The reason that Fleetwood Urban only provided a cost up to the value of $185,050 rather than the full grant amount was due to the presence of a concrete slab they observed upon an inspection of the site. As such the cost provided was for the length of area currently available with no impact to this slab.

 

Having said this, the surplus grant funding ($25,197) could still provide the opportunity to extend an additional 3.6 lineal metres of dock extension (with the removal of the existing concrete slab) or fund other dock improvements in consultation with stakeholders and the funding body. It is noted that 32 lineal metres (28.4+3.6) is approximately the maximum dock extension achievable without removal of major established trees on the riverbank.

 

The recommended company, Fleetwood Urban Pty Ltd, was selected based on their:

1)   Compliance with the tender evaluation criteria;

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

3)   Value for money for the services offered, as determined by the tender evaluation    committee.

 

The tender evaluation committee recommends that Council accept Fleetwood Urban’s tender of $185,050 and the stormwater adjustments of $9,753 adding to a combined value of $194,803 (excluding GST).

 

Financial Services Manager’s Comment

 

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

 

As detailed above, funding has been allocated to Council by the Australian Government through the CDG Program. The total tendered price of Fleetwood Urban Pty Ltd of $194,803 (excluding GST) is within this allocation and the available budget.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group consisting of the Internal Audit and Policy Officer, Stuart Benzie and Governance Coordinator, Adam Beggs met to consider the tender for the Design and Construction of Rowing Dock Extension at Weir Reserve. The TAG requested further information concerning the variation of works to the tender and the extension to the tender period which is now included in the report. The TAG 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

 

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. The company also has a longstanding record of successful project delivery.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-18, Weir Reserve Rowing Dock be received.

2.    Fleetwood Urban Pty Ltd be awarded the contract for the Design and Construction of Rowing Dock Extension including the variation requiring the adjustment to a stormwater pipe, for an amount of $194,803 excluding GST.

3.    The remaining surplus funds of $25,197 excluding GST be used to extend an additional 3.6 lineal metres of dock extension in accordance with the tendered rate of $6,516 per lineal metre, or fund other dock improvements subject to consultation with the funding authority and all relevant stakeholders.

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                                                                                                    24 July 2017

 

 

 

5

Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh   

 

Compiled by:               Michael  Shahidi, Project Officer

Authorised by:            Rosemarie Canales, 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 16/17-20 for the Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh, was advertised in the Western Weekender on 18 May 2017 and Sydney Morning Herald on 23 May 2017. The tender closed 14 June 2017.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Westco Building Consultants Pty Ltd be accepted for the full scope of works outlined in RFT 16/17-20 for the Construction of the Toilet Amenities and Associated Works Project, for a total amount of $450,900.00 (excluding GST).

Background

The public domain amenities upgrade program provides funding for a rolling program of amenities refurbishments, replacements and additions.  The two facilities to be upgraded in this scope of work are toilet facilities at Dukes Oval, Emu Plains and Smith Park, Castlereagh.

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Laura Stott (Supply Officer - Contracts), Ari Fernando (Major Projects and Design Coordinator), Michael Shahidi (Project Officer) and was chaired by Rosemarie Canales (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 price order (ex GST).

 

Company

Tendered Price

Company Location

Directors

Arcs Building Group Pty Ltd

$444,192.60

Jamisontown

Robyn Grueff

Auscorp Constructions Pty Ltd

$445,920.00

Blacktown

Jarod Smith

Ian Salt

Clinton Etheridge

Westco Building Consultants Pty Ltd

$450,900.00

Penrith

John Cooper

Camporeale Holdings Pty Ltd T/a Michael Camporeale Builders

$451,600.00

South Hurstville

Michael Camporeale

Coverit Building Group Pty Ltd

$485,000.00

Penrith

Shane Stanley Comans

Avant Constructions Pty Ltd

$504,800.00

Glendenning

Antonio D'Urso

Innocon

$507,824.00

Smithfield

David Michael

Ben Holland

Westbury Constructions Pty Ltd

$546,097.00

Baulkham Hills

Darren Price

Shakeel Karim

Elite Relocatable Offices

$566,976.75

Bringelly

Brett Rossiter

2020 project

$570,202.73

West Pennant Hills

Joe Touma

project8(NSW) Pyt Ltd

$581,419.00

Peakhurst

Andrew Mamasioulas

Castlereagh Group Industries

$593,542.00

Sydney

Bruce Maples

Alpall P/L Builders

$675,200.00

Springwood

David Crum

 

The top five tenders (Arcs Building Group, Auscorp Constructions, Westco Building Consultants, Camporeale Holdings and Coverit Building Group) were shortlisted and evaluated in detail against the above weighted evaluation criteria to determine an overall effectiveness rating to establish value for money in terms of; ability, work method, program, financials, employment policies, quality assurance, environmental systems, and work health and safety. The remaining tenders did not represent any further advantage to Council so were not further evaluated. 

 

Although Arcs Building Group and Auscorp Constructions ranked first and second based on price, the Tender Evaluation Committee were of the view after a detailed assessment that their tender submissions did not rank as well as the other shortlisted tenderers with respect to the weighted evaluation criteria and in their responses to works methodology and program, environmental management, and quality assurance.

 

Consideration was then given to the remaining conforming tenderer’s price schedules to determine the best value for money solution to Council with competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

 

Based on the weighted evaluation criteria the tender received from Westco Building Consultants Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money compared to the next on the ranking list.

 

The recommended company, Westco Building Consultants Pty, was selected based on their:

1)   Compliance with the tender evaluation criteria,

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

3)   Competitive price for the services offered.

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks which raised no further issues for the Committee.

 

Westco Building Consultants Pty Ltd are a Penrith based building firm that has undertaken a wide range of projects throughout Penrith & neighbouring LGAs for more than 20 years.  

 

Financial Services Comment

 

Independent reference checks, financial analysis, and performance analysis on Westco Building Consultants 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 Westco Building Consultants to perform the works described. Funding is available from Council’s annual community amenities renewal program.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group consisting of the Internal Audit and Policy Officer, Stuart Benzie and Governance Coordinator, Adam Beggs, met to consider the tender for the Construction of Toilet Amenities and Associated Works. The TAG requested that additional information be provided on the recommended tenderer which has now been incorporated into the report. The TAG 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 the tender received from Westco Building Consultants Pty Ltd represents value for money with respect to the weighted evaluation criteria.  It is recommended that the Company be awarded the contract for a contract sum of $450,900.00 ex GST.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh be received.

2.    Westco Building Consultants Pty Ltd be awarded the Contract for the Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh, for an amount of $ 450,900.00 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

6        Roadside Reserve Environmental Management Grant                                                   27

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

6

Roadside Reserve Environmental Management Grant   

 

Compiled by:               Jenna Andrews, Senior Biodiversity Officer

Anthony Price, Environmental Health Coordinator

Authorised by:            Greg McCarthy , Environmental Health and Compliance Manager   

 

Outcome

We care for our environment

Strategy

Protect and improve our natural areas, the Nepean River and other waterways

Service Activity

Contribute to the protection and enhancement of the City's natural environment

      

 

Executive Summary

The purpose of this report is the seek Council’s endorsement to accept a $50,000 Roadside Reserves Environmental Management grant from the NSW Environmental Trust, which is administered by Local Government NSW. This grant opportunity will assist Council to meet its statutory obligations in relation to managing threatened species. It will also help to improve the way Council manages roadside reserves, in particular reserves containing significant areas of native vegetation.

Background

Local Government NSW has developed a Council Roadside Environmental Management Framework and is offering grants of up to $50,000 for councils to improve the management and long-term environmental value of roadside reserve assets.

 

The value of well managed roadside reserves can deliver varied benefits such as:

·    Cost savings - reduced maintenance costs by decreasing the need for mowing and weed control, stabilising banks and preventing road pavement waterlogging

·    Safety - reducing road accidents by decreasing headlight glare, reducing driver monotony, highlighting road delineation and bushfire risk management

·    Environment - seed source, wildlife habitat conservation of endangered species

·    Community and commercial uses - scenic amenity, shelter, shade and privacy, horse riding, cycling and walking.

Grant Details

Council officers submitted a grant project proposal back in May this year seeking $50,000 to undertake an assessment of Council’s managed roadside reserves including identifying high priority reserves. We have recently received advice Council has been successful and Local Government NSW is seeking formal acceptance of the grant by 8 August 2017.

 

The project proposal submitted to Local Government NSW included the preparation of a Roadside Vegetation Management Plan to guide future works and inform environmental assessment of our roadside reserves. A consultant would be engaged to undertake the assessment and mapping of the roadside reserves. This information would then be used to inform the development of a Roadside Vegetation Management Plan to guide future management actions.

 

 

Council’s Senior Biodiversity Officer in Environmental Health would facilitate this opportunity with support from other relevant departments. A project team would be established including representatives from City Presentation and City Assets to guide delivery. The project would run from August 2017 to March 2019.

 

The budget includes $50,000 in grant funding with a $5,000 financial contribution and $5,000 in-kind contribution from Council. A requirement of the grant would be to include roadside reserve management into Council’s Integrated Planning and Reporting system.

Conclusion

This grant funding opportunity will assist Council to meet its statutory obligations in relation to managing threatened species. It will also help to improve the way Council manages roadside reserves, in particular reserves containing significant areas of native vegetation. It is recommended Council endorse acceptance of the grant opportunity so the grant agreement can be signed and returned to Local Government NSW before 8 August 2017.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roadside Reserve Environmental Management Grant be received.

2.    Council endorse the acceptance of the $50,000 Roadside Reserve Environmental Management grant from the NSW Environmental Trust, which is administered by Local Government NSW.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

7        Multicultural Working Party - Community Member Casual Vacancy                               31

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

7

Multicultural Working Party - Community Member Casual Vacancy   

 

Compiled by:               Tracy Leahy, Community Programs Coordinator

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

Develop effective responses to the social impacts of growth, redevelopment and change

      

 

Executive Summary

Council at its Policy Review Committee meeting of 14 November 2016 resolved to establish a Multicultural Working Party (MWP) to enable representatives of multicultural communities and organisations to engage with Council and contribute to social inclusion and community wellbeing in Penrith City.

Council at its Policy Review Committee of 13 February 2017 endorsed the Terms of Reference (TOR) for the Multicultural Working Party. In accordance with the TOR Council officers commenced an Expression of Interest (EOI) process for eight (8) community members. Council received eight (8) EOIs for the MWP and at its Policy Review Committee meeting of 10 April 2017 endorsed the appointment of the eight (8) community members for a two-year term 2017-2019.

The first meeting of the Multicultural Working Party was held on 3 May this year and all eight community members were in attendance.

In June 2017 Council received the resignation from the MWP of Nikolina Zonjic, a community member from Wentworth Healthcare Limited Primary Health Network. At the same time Council received a request from this organisation to nominate Kate Tye, Senior Manager Populations as a replacement.

The report recommends the information in the report on the Multicultural Working Party Community Member Casual Vacancy be received, and that Kate Tye from Wentworth Healthcare Limited Primary Health Network be appointed as a community member to Council’s Multicultural Working Party for the two-year term 2017-2019.

Background

Until recently Multicultural NSW had in place Regional Advisory Councils (RACs) as the principal mechanism for consultation between the NSW Government, representatives of multicultural communities and local government.

With recent changes to legislation and their consultative mechanisms Multicultural NSW has disbanded the Nepean Blacktown Regional Advisory Council covering Penrith, Blue Mountains, Hawkesbury and Blacktown LGAs and incorporated this region into the Western Sydney RAC covering eight (8) LGAs. In addition, local government Councillors were previously represented on RACs.  However, with the changes local government Councillors can no longer nominate for the RACs.

In addition, because the Western Sydney RAC now covers a much larger region it is also more difficult for community members in the Penrith LGA to be represented on the West Sydney RAC.

Council at its Policy Review Committee of 13 February 2017 endorsed the Terms of Reference (TOR) for the Multicultural Working Party. In accordance with the TOR Council officers commenced an Expression of Interest (EOI) process for eight (8) community members. Council received eight (8) EOIs for the MWP and at its Policy Review Committee meeting of 10 April 2017 endorsed the appointment of the eight (8) community members for a two-year term 2017-2019.

Resignation of a Community Member

On 16 June Council received the resignation from the MWP of Nikolina Zonjic, a community member from Wentworth Healthcare Limited Primary Health Network. Nikolina Zonjic has taken up a position of employment in another LGA.   This resignation has created a casual vacancy for a community member on Council’s MWP.

At the same time Council received an EOI for the position of community member on the MWP from Kate Tye, Senior Manager Populations, Wentworth Healthcare Limited Primary Health Network.  Kate Tye meets the criteria for appointment to the Working Party.

The terms of reference for the MWP do not make explicit reference to the filling of casual vacancies.  Council officers in this case have adopted a similar practice to that applied with Council’s Access Committee.  This practice involves Council officers bringing forward to Council a suitable recommendation to fill a casual vacancy when required.  This practice is efficient and removes the need for a full EOI process to fill one vacancy.

This report recommends that Kate Tye be appointed as a community member to the Multicultural Working Party for the two-year term 2017-2019.

 

RECOMMENDATION

That:

1.    The information contained in the report on Multicultural Working Party - Community Member Casual Vacancy be received.

2.    Kate Tye from Wentworth Healthcare Limited Primary Health Network be appointed as a community member to Council’s Multicultural Working Party for the two year term 2017-2019.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

8        Tender Reference 16/17-13, Provision of Catering Services                                          35

 

9        Borrowing Program 2016-17                                                                                            40

 

10      Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927)                                                                                                                                           43

 

11      Outcome of 5 Litigation Matters in the Land and Environment Court                             48

 

12      Audit Committee                                                                                                               53

 

13      Summary of Investments & Banking for the period 1 June to 30 June 2017                  59

 

 

 



Ordinary Meeting                                                                                                    24 July 2017

 

 

 

8

Tender Reference 16/17-13, Provision of Catering Services   

 

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

The purpose of this report is to advise Council of the outcome of the Tender for the Provision of Catering Services.  This service requires proven ability to deliver all or part of the following services: evening meals (catering for sit down dinners and buffets including council meetings), Internal Staff Catering (Servicing of internal meetings), and operation of the Coffee Cart (Drinks, lunches & morning/afternoon tea).

 

A total of five tender responses were received. 

 

Based on detailed evaluation, sampling menus and best overall value for money, the Tender Evaluation Committee is recommending that the contract for catering services for evening meals and internal staff catering be awarded to IBZ Restaurant Pty Ltd (King Henry’s Court) and the coffee cart be awarded to CJP World Wide Pty Ltd (Cassandra’s on the Park), for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance. The contracts will be subject to a 12 month probationary period. 

Background

The Council’s previous Catering Contractor, King Henry’s Court (now known as IBZ Restaurant Pty Ltd) has held the catering contract since July 2012. In the previous financial year Council spent $100,262 on catering across the organisation.

 

Tenders for the provision of Catering Services for an initial three (3) year period with an option to extend for a further two (2) x one (1) year periods allowing for rise and fall provisions and subject to a 12-month probationary period were advertised in the Western Weekender, e-Tendering website and Apet360 website on 13 April 2017 and in the Sydney Morning Herald on 18 April 2017. The tender closed on 10 May 2017.

 

The purpose of this Request for Tender is to seek the services of Supplier(s) with the proven ability to deliver the following services:

·    Evening Meals (Catering for sit down dinners and buffets)

·    Internal Staff Catering (Servicing of internal meetings)

·    Coffee Cart (Drinks, lunches & morning/afternoon tea).

 

All prospective tenderers were invited to attend a pre-tender briefing on 26 April 2017. 

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

 

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Laura Stott (Supply Officer- Contracts), Erin Davidson (Community Safety Support and Administration Officer), Colin Dickson (Marketing and Events Team Leader), Tara Braithwaite (Acting Property Projects Officer) and was chaired by Glenn McCarthy (Governance Manager).

Evaluation process

The process for the evaluation of tenders was as follows:

1.         Initial review of tenders to determine compliance with the evaluation criteria,          including the ability to provide the full range of services specified;

2.          Assessment of costs based on the unit rates tendered and the allocated staff to    perform the services;

3.          Determination of a short-list based on the best rankings from 1 and 2 above;

4.          Further evaluation of the short-listed companies through:

·    Sampling of Menus

·    Independent Referee Check.

 

Tender Evaluation Criteria

The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents.  The selection criteria advertised and used in selecting the successful tenderers were based on commercial requirements, Scope of Requirements, Pricing, Business Category, Management and Administration and Practical Evaluation

 

Summary of Tenders Received

A total of 5 submissions were received in response to the advertised tender. The five tenderers as listed in alphabetical order below were included in the initial evaluation. All tenderers applied for evening meals, internal catering and coffee cart

 

Organisation

Location

Business Owners

Cassandra's on the park

St Marys

James Vainiko
Pierre Kassouf
Charlene Ratcliffe

King Henrys Court

Penrith

Ihab Deeb
Benoit Ghafary

Lakeside Restaurant

Penrith

Vince Capolupo

Simmone Logue

Marrickville

Simmone Logue
Peter Grimes

Taste of Rye

Werrington Downs

Thomas Rye


Initial Evaluation of Tenders

Compliance

All tenders were assessed against the evaluation criteria and based on their written submissions demonstrated that they met the specified requirements.

 

Prices

Prices were requested for each of the areas specified in the tender documents. 

Comments

As stated above, all five (5) tenderers submitted tenders in accordance with the conditions of tender and demonstrated compliance by responding to the selection criteria.  After the initial evaluation it was determined by the Tender Evaluation Committee that there was no benefit to Council in further considering the tenders from the following companies:

·      Simmone Logue

·      Taste of Rye

Although both tenders were conforming with respect to the evaluation criteria used for assessment, the Committee was of the view that due to a range of circumstances including price and ability to adequately address their capability to deliver on the scope of requirements, in comparison to the other tenderers, that there was no advantage in further considering these tenders.

Short Listed Tenders

The remaining three tenders from King Henry’s Court, Cassandra’s on the Park and Lakeside Restaurant were shortlisted and invited to prepare catering for a practical demonstration.

Practical Demonstration

The practical demonstration provided an opportunity for the three tenderers to cater for the same event with the same scope of requirements distributed. Each caterer prepared and presented menus for a typical internal catering request made at Council. A selection of staff from across the organisation were invited to attend the event and to provide feedback at the end of the event. Each caterer was required to invoice Council based on their tendered prices at the conclusion of the event.

 

Cost of Internal Catering Practical Demonstration

 

Organisation

Price (ex GST)

Cassandra's on the park

$378.50

King Henry’s Court

$225.45

Lakeside Restaurant

$122.73 (Tenderers were asked to invoice in accordance with their tender, this cost was outlined as a special one off rate)

 

Feedback received after the practical demonstration

 

All tenderers delivered and prepared a suitable amount of food for the number of attendees requested. Feedback received for each caterer was consistent and this feedback along with the evaluation of the Committee was taken into consideration when determining the most advantageous tenders for Council. The feedback received demonstrated that the catering provided by King Henry’s Court and Cassandra’s of the Park was ranked as the highest of the tenderers based on presentation, variety and quality. As such, the Committee determined that there was no further advantage to Council in considering the tender from Lakeside Restaurant.

 

 

Evening Meals

 

A comparison of the final short-listed tendered prices for sit down and buffet meals with was undertaken an annualised cost determined based on a function of 30 people occurring 41 times a year, consistent with the Council’s meeting calendar for 2017. The results of these calculations are provided below:

 

Organisation

Price (ex GST)

Cassandra's on the Park

$49,077

King Henry’s Court

$35,670

 

Final Evaluation

 

After the evaluation was held the Tender Evaluation Committee were of the opinion that IBZ Restaurant Pty Ltd (King Henrys Court) would provide the most advantageous tender for the Provision of Catering Services for Evening Meals and Internal Staff Catering. The recommended tenderer was able to demonstrate a high effectiveness rating with respect to the evaluation criteria, provided the most competitive costs to Council and was able to deliver a high level of service for the practical demonstration.

 

This caterer has provided catering services to Council for the past four years, and on balance the service and quality of catering has been to a satisfactory standard. At times when issues have been raised these have been addressed in consultation with the caterer.

 

In addition, reference checks were made with the two other local organisations regarding the recommended tenderer and the advice provided was that the services provided were clean, quick, reliable and efficient with a high level of customer service.

 

The Tender Evaluation Committee were of the view of that CJP World Wide Pty Ltd (trading as Cassandra’s on the Park) would provide the most advantageous tender for the Provision of Catering Services for the Coffee Cart. This tenderer also received a high effectiveness rating with respect to the evaluation criteria, and in the view of the Committee was able to demonstrate the best value methodology and approach to the operation of the Coffee Cart, in addition to also demonstrating a high level of service for the practical demonstration. This caterer’s experience in operating a successful Café was highly valued and in the opinion of the Committee was likely to bring a fresh approach to the operation and delivery of the Coffee Cart that has now been in operation for a number of years.

 

Financial Services Comment

 

The recommended tenderers for the Provision of Catering Services from IBZ Restaurant Pty Ltd (King Henrys Court) and the Coffee Cart be awarded to CJP World Wide Pty Ltd (Cassandra’s on the Park), can be accommodated with the budget allocation for these services within the 2017-18 Operational Plan.

 

Comment by Tender Advisory Group (TAG)

The Tender Advisory Group (TAG) consisting of the Acting Chief Governance Officer, Matthew Bullivant and the Internal Audit and Policy Officer, Stuart Benzie met to consider the tender for the provision of Catering Services. The TAG supports the process and the recommendations contained within the Report. The TAG 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

Based on the detailed evaluation of the tenders received, analysis of staffing, practical evaluations, price submitted and referee checks, the Tender Evaluation Committee recommends that the contract for Catering Services for Evening Meals and Internal Staff Catering be awarded to IBZ Restaurant Pty Ltd (King Henrys Court) and the Coffee Cart be awarded to CJP World Wide Pty Ltd (Cassandra’s on the Park), for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance. The contracts will be subject to a 12-month probationary period. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-13, Provision of Catering Services be received

2.    IBZ Restaurant Pty Ltd (King Henrys Court) be appointed as the preferred contractor for the provision of Catering Services (evening meals and internal catering) for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance.

3.    CJP World Wide Pty Ltd (Cassandra’s on the Park) be appointed as the preferred contractor for the provision of Catering Services (coffee cart) for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

9

Borrowing Program 2016-17   

 

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

The Council at its Ordinary meeting, 27 February 2017 gave approval to commence the 2016-17 Borrowing Program for $8,260,000 comprised of $2,200,000 new loan monies and $6,060,000 for renewal of existing loans.

 

The Council delegated the General Manager authority to negotiate and accept the terms of the borrowings and resolved that the final terms and conditions of the borrowings be reported upon completion of the loan contracts.

 

This report provides a summary of the evaluation process and quotations received.  The report informs Council that NSW Treasury Corporation (TCorp) was the successful lender for the $2,200,000 new money and Commonwealth Bank of Australia (CBA) for the renewal loans The report recommends that the information be received.

 

The report also provides information relating to an existing loan for Penrith CBD Drainage Upgrade that is due for renewal in November 2017.

Background

The 2016-17 Borrowing Program was made up of $2,200,000 for general infrastructure and

$6,060,000 to refinance existing borrowings for the remaining 8 years of the original 10 year term.

 

Requests for quotations were sent to Australia and New Zealand Banking Group Limited (ANZ), Bendigo & Adelaide Bank, The Commonwealth Bank (CBA), National Australia Bank (NAB), NSW Treasury Corporation (TCorp) and Westpac Banking Corporation (WBC).

 

Lenders response and selection

Responses were received from all the lenders that Council requested quotations from. TCorp quoted only for the new borrowings, Westpac quoted only for the renewal loans, the other banks provided quotes for both loans and included rates fixed for part and all of the specified terms.

 

Details of unsuccessful bids have not been disclosed in this report as there was a request from an unsuccessful lender that the offer remain confidential.

 

The TCorp 10 year fixed rate of 3.04%, repayable semi-annually was determined to provide the optimum outcome and was selected for the $2,200,000 new loan. TCorp have a policy of only funding loans for new borrowings and do not fund refinancing of existing loans. The lowest new loan borrowing quote from a bank for the same fixed term was 3.5%.

 

The CBA provided the lowest fixed rate at 3.27% for the full 8 year term of the $6,060,000 renewal loan and was therefore selected for the Council’s 2016-17 renewal loan requirement.

 

With short term interest rates currently at record low levels, there was considerable advantage in fixing the loans for their full terms. Loan interest savings compared to the Council’s Budget and to the Council’s Long Term Financial Plan have been achieved in the order of $250,000 over the term of the loans.

Renewal of the CBD Drainage LIRS Loan

Council’s annual borrowings are usually drawn down in June each year. However, in 2014 Council was successful in its application under the Local Infrastructure Renewal Scheme (LIRS) for an interest subsidy on a $5,700,000 loan to fund the CBD Drainage Upgrade. As Council was not advised of the LIRS outcome until November, the loan had to be deferred from the June scheduled Borrowing Program and was transacted separately. The loan was fixed for the first 3 years of its 10 year term so the outstanding balance of $4,100,000 is due for renegotiation in November 2017. It is proposed to contact potential lenders in October to commence the borrowing process as it cannot be delayed and included with 2017-18 borrowings.

Conclusion

The 2016-17 Borrowing Program has now been completed in line with the Council resolutions of the 27 February 2017 Ordinary Meeting. Loan funds were drawn down on 23 June 2017. 

 

NSW Treasury Corporation (TCorp) was the successful lender for the $2,200,000 new loan borrowing and the Commonwealth Bank of Australia (CBA) was selected for the renewal loans.

 

All financial institutions that submitted proposals have been informed of the outcome of their submissions.

 

Renegotiations with lenders for the renewal of the $4,100,000 CBD Drainage LIRS loan will occur in November 2017.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Borrowing Program 2016-17 be received

2.    Council be advised that NSW TCorp was the successful lender for the $2,200,000 new monies and CBA was the successful lender for the renewal loans that comprised the 2016-17 Borrowing Program

3.    Council be advised that offers will be requested for the $4,100,000 renewal of the CBD Drainage Loan in November 2017

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

10

Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927)   

 

Compiled by:               Julie Connell, Property Portfolio Coordinator 

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

      

 

Executive Summary

The purpose of this report is to seek Council’s approval for the granting of an easement for drainage purposes over Council owned land, being Lot 10 DP38927, located between Collins Street and Mamre Road, St Marys. The easement is proposed to benefit the subject site, being 30-32 Mamre Road and 29-31 Collins Street, St Marys (Lots 6 & 7 DP 219187, Lot 4 DP654389, Lot 5 DP1089192).

Background

Grima Developments Pty Ltd (“The Proponent”) received development consent under DA13/0487 for the construction of multi-unit housing comprising 22 villas located at 30-32 Mamre Road and 29-31 Collins Street, St Marys (“subject site”).

 

The subject site comprises four residential lots which, when amalgamated, form a single development site with dual frontages to Mamre Road and Collins Street.

 

Condition 46 of the development consent requires the creation of a small drainage easement over Council drainage reserve, known as Lot 10 DP38927, to the benefit of the subject site. The location of Council’s drainage reserve is shown in Appendix 1.

 

Grima Developments Pty Ltd in accordance with the conditions of consent have applied to Council’s Property Development Department for the creation of the drainage easement.

 

The proposed easement comprises a total area of 8.84sqm with the proposed drainage line connecting from the north-west boundary of the site into an existing council drainage pit and stormwater pipe. This existing stormwater pipe presently traverses through the centre of Council’s drainage reserve. The easement will cover the length of the private stormwater pipe between the boundary of the subject site and the Council pipe to the connection point. The proposed stormwater design and easement is shown in Appendix 2.

 

The proposed easement is considered to be consistent with the purposes of the drainage reserve and has no adverse effect on the land.

 

The proponent will be responsible for the construction of the drainage infrastructure, restoration of the land to Council’s satisfaction along with the creation of the easement, including all costs associated with the preparation of documentation, formal registration and appropriate Council fees and charges.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927) be received

2.    Council grant a Drainage Easement over Lot 10 DP38927 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.

 

 

ATTACHMENTS/APPENDICES

1.

Location - Aerial of Council Drainage Reserve

1 Page

Appendix

2.

Proposed Easement and Stormwater Diagram

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  24 July 2017

Appendix 1 - Location - Aerial of Council Drainage Reserve

 

PDF Creator


Ordinary Meeting                                                                                                                  24 July 2017

Appendix 2 - Proposed Easement and Stormwater Diagram

 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

11

Outcome of 5 Litigation Matters in the Land and Environment Court   

 

Compiled by:               Matthew Bullivant, Legal Services Manager

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Provide Council with dispute resolution, litigation and advocacy services

      

 

Executive Summary

The purpose of this report to inform Council of the outcome of 5 separate legal proceedings to which Council was a party. All 5 proceedings were the subject of decisions of the Land and Environment Court. Council was successful in 4 out of the 5 proceedings, and the applicant discontinued the 5th set of proceedings.

 

1.  Penrith City Council v Graham Konneman (8 Farm Road, Mulgoa)

 

The matter was last reported to Council in Committee of the Whole on 19 December 2016.

 

Land and Environment Court proceedings were commenced at the beginning of 2016 against Graham Konneman on the basis that he has long been using the above Premises for the purposes of accumulating scrap metal, building material, derelict motor vehicles shipping containers and the like.

 

The matter has a complicated history.  One of the complications is due to the status of the ownership of the property.

 

The owner of the Premises at the time of the commencement of the proceedings was Graham Konneman’s mother. After proceedings commenced, Mrs Konneman passed away. She left a Will. Her will does not allow the Premises to be sold until at least 12 months following the date of her passing. This means the premises were not able to be sold until March 2017. It is our understanding that the premises have not yet been sold.

 

The Will indicates that Graham Konneman and his brother (Stuart) are beneficiaries of the estate of their late mother.

 

With all of this in mind, it was necessary to join Stuart Konneman to the proceedings, as well as the estate of their late mother. The title of the Premises at present legally vests in the estate of their late mother. Graham Konneman occupies the Premises.

 

As previously reported to Council the matter was listed for mediation. Council resolved at its meeting on 19 December 2016 to enter into consent orders to resolve the matter.

 

Following Council’s resolution and upon resumption of the mediation the matter was listed before the Commissioner. At that time Council's solicitor informed the Court that both the Council and Mr Konneman had made each other offers to settle the matter and that an agreement had been reached on the practical work to be carried out to remove the materials from the subject property.

 

The Court was informed that the parties however had not been able to agree on the final terms of the proposed consent orders.

 

The mediation was therefore terminated by the Court. The matter was then referred to the Chief Judge (Justice Preston) for direction on the timetable towards a hearing.

 

The matter proceeded to a hearing on 1, 2 and 3 February 2017. On 3 July 2017 the Judge who heard the matter delivered his Judgment, which effectively meant that Council was successful in the matter.

 

The Court declared that Mr Konneman was using the property for a prohibited purpose on the basis that the use is characterised as a Junkyard. The Court ordered Mr Konneman to cease using the premises as a Junkyard.

 

The Court Order requires the parties to agree on a list of the items to be removed from the Premises. This work will involve an inspection by Council officers, although much of the list was largely prepared for the purposes of the Court hearing. That list must be agreed within 21 days from 3 July 2017.

 

Once the list is agreed, Mr Konneman has been ordered to remove the items within 30 days. If he doesn’t remove the items within the 30 days, then the Orders of the Court allow Council (its officer or agents) to enter the premises to remove the items, and then recover the costs of removing and disposing of the items from Mr Konneman.

 

The Court also ordered Mr Konneman to pay Council’s and the third Respondent’s (Mr Konneman’s brother) legal costs. This is likely to mean that a cost assessment exercise will need to be undertaken in the Supreme Court. The costs of that exercise are recoverable. This can be avoided if Council and Mr Konneman can reach agreement on the amount.

 

If Council has to pursue its costs through a cost assessment process, then this may mean that further debt recovery action is needed.

 

 

2. Penrith City Council ats Statewide Planning Pty Limited - 25 Rance Road, Werrington

The applicant lodged a Class 1 merit appeal in the Land and Environment Court. The appeal is in response to the deemed refusal of DA15/0207.

 

The applicant seeks consent for the subdivision of a 4.68ha site into 152 residential lots. The site is close to the future alignment of proposed Werrington Arterial Road where Rance Road currently forms an intersection with Werrington Road.

 

The matter was listed for hearing on 25 and 26 July 2016 (Monday and Tuesday). On the Friday before the hearing and after all experts’ conference and produced expert reports, the applicant provided Council officers with amended plans. The amended plans reduced the subdivision down to 99 lots leaving large residue lots for future applications (likely to be residential flat building applications).

 

The amended plans caused the experts to conference again on the day of the hearing. This meant Council’s previously concerns on planning matters, and road widths were resolved.

 

One contention which has been consistent and remained unresolved related to the proposed stormwater solution. The applicant failed to make clear whether it proposed 1 or 2 on-site detention basins. What was clear was that the owner wanted to retain ownership of the land upon which the detention basins were proposed to be located so that it allowed them at a future point in time to attempt to connect to regional basins on adjoining properties (yet to be developed), and thereby opening up the opportunity to further develop the parcels upon which the detention basins were located.

 

Following the July hearing, the Court adjourned the matter to allow the Applicant to refine its stormwater solution. The Court then listed the matter for hearing on 19 and 20 December 2016.

 

At the hearing, the Applicant again supplied Council’s experts with revised information, including amended stormwater plans. Council’s experts continue to raise concern in relation to the consequences of the detention basins remaining in private ownership. The applicant proposed to register a covenant on the title which would require the landowner to maintain the basins in accordance with an agreed maintenance plan.

 

The Commissioners of the Court remarked that they believed the matter was capable of being resolved. This provided an indication, that they would likely approve of the application. On that basis, the hearing turned on proposed conditions of consent, and in particular, the best method to ensure the ongoing maintenance of the drainage basins.

 

The Court handed down its decision and grant a development consent, however the Judgment is subject to the applicant furnishing more detailed plans to the Council experts. The furnishing of the further plans to the Council experts has been ongoing. All relevant plans have finally been provided, and now the consent granted by the Court will become operative.

 

3.   JS Architects Pty Ltd: 41 – 43 Barber Avenue, Penrith

 

On 28 February 2017, the Applicant, JS Architects Pty Ltd, filed a Class 1 Application with the Land and Environment Court seeking a merit review of Council’s 31 August 2016 refusal of development application DA15/0407. The application sought approval for the construction of a 6 storey residential flat building comprising of 45 apartments and two levels of basement car parking at 41 – 43 Barber Street, Penrith.

 

Council refused DA15/0407 due to unsatisfactory urban design quality, building height, parking provision, and inadequate provision for waste storage, management and collection.

 

The proceedings in this matter were listed on 21 June 2017 before Commissioner Smithson for a Section 34 conciliation conference.

 

After discussions between each party’s legal representatives, the Applicant discontinued the appeal. The Applicant indicated that they will confer with Council’s planners before submitting a new development application for the site.

 

4.  Sammy-Jo Sessions and Blake Drew – Shop 8-11 Lakeside Drive, Jordan Springs

 

On 22 September 2016, the Applicants filed a Class 1 Application with the Land and Environment Court for review of a direction to take preventative action issued on 2 September 2017 under the Protection of the Environment Operations Act 1997.

 

The Applicants operate a 24-hour gym (‘Plus Fitness’) at the premises. The premises consist of commercial uses on the ground floor, with residential apartments (3 floors) above the commercial uses.

 

The gym operations commenced in about March 2016. From May 2016, Council received a number of noise complaints relating to the night time operation of the gym from residents residing above the gym. Noise assessments were conducted by Council on 6 July 2016 and 12 August 2016, which indicated that noise and vibration from the gym unreasonably interfered with the comfort of the residents of the apartments.

 

The direction required the Applicant to: limit between the hours of 10pm and 7am the dropping of free weights, the sound on televisions, the use of battle ropes, and the use of treadmills; create a complaint phone number and email address; and engage a consultant to produce a noise and vibration report and an operational noise and vibration management plan.

 

On 5 June 2017, the matter was heard onsite before Commissioner Gray. On 14 June 2017, the Court upheld the Council’s Direction to Take Preventative Action with minor modifications related only to the timeframes required for compliance with the Direction.

 

The Commissioner in delivering her Judgment (delivered on 30 June) stated that:

 

I accept the submission of the respondent that the operational noise of the gym is 'offensive noise' as defined by the POEO Act. Based on the noise assessment carried out by the Council, the evidence of the residents, and the observations made at the site inspection, the operational noise of the gym is such that, by its level and nature, it is harmful to a person residing in the residential units beside and above the gym, and interferes unreasonably with their comfort and repose as they carry out the ordinary residential use of their units. Further, the fact that this noise continues overnight means that, because of the time during the night at which it occurs, it is harmful to a person residing in the residential units because it causes sleep disturbances. It therefore meets the definition of 'offensive noise' contained in the POEO Act.

 

At the time of the drafting of this memo, the applicants had submitted a noise report, but not a management plan. This will need to be pursued with the applicants.

 

 

5.  Satya Agnihotri – 15 O’Connell Street, Kingswood

 

On 3 February 2017, the Applicant filed with the Land and Environment Court a Class 1 application for a review of Council’s refusal of an application to modify consent DA15/1250.01. The application sought approval for the retention of an existing dwelling and the constructions of a three bedroom, two storey detached dual occupancy dwelling at 15 O’Connell Street, Kingswood.

 

The application was refused as it did not achieve appropriate separation between buildings and site boundaries, it was not consistent with the amenity of the established residential area, unsatisfactory impacts on privacy and the site was not suitable for the scale of the proposed development.

 

On 8 June 2017, Senior Commissioner Martin delivered a decision to refuse consent to the application on the same grounds as to why the original application was refused by Council.

 

Conclusion

 

All 5 proceedings that are the subject of this report resulted in outcomes that supported the original decisions taken by Council to either refuse development approval, or commence proceedings against those who were in breach of the Environmental Planning and Assessment Act. The outcomes reflect and uphold the standards of development and land use which is expected by the community as reflected in the relevant planning instruments.

 

 

 

RECOMMENDATION

That the information contained in the report on Outcome of 5 Litigation Matters in the Land and Environment Court be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

12

Audit Committee   

 

Compiled by:               Stuart Benzie, Internal Audit and Policy Officer

Authorised by:            Anthony Robinson, Risk and Audit Coordinator

Matthew Bullivant, Legal Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's reporting system and meeting processes

      

 

Executive Summary

This report provides information on the meeting of Council’s Audit Committee held on 14 June 2017. The Minutes of the Audit Committee meeting 14 June 2017 are attached to this report.

Background

The NSW Local Government Internal Audit Guidelines (issued September 2010) provide that:

 

An audit committee plays a pivotal role in the governance framework.  It provides councils with independent oversight and monitoring of the council’s audit processes, including the council’s internal controls activities.

 

The Audit Committee operates under a charter created by Council Resolution of 13 November 2006.  The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter. Council’s Charter of Internal Audit, documents the agreement between the General Manager and the Audit Committee on how Internal Audit operates. One of the key functions of the Audit Committee is to monitor the Internal Audit function. 

 

The Council recently adopted a revised Audit Committee Charter at its Ordinary Meeting of 2 May 2017. The revised Charter will see the Audit Committee become the Audit, Risk and Improvement Committee and this will take effect at its next meeting which is scheduled for 6 September 2017.

Current Situation

The Audit Committee met on 14 June 2017. This was the second meeting of the Audit Committee for the calendar year. The draft minutes of the prior meeting, as provided to Council on 27 March 2017, were adopted by the Audit Committee without alteration.

 

The Audit Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council. A copy of the draft minutes from the meeting of 14 June 2017 are attached to this report.

Next Meeting

The next Audit Committee meeting is scheduled for 6 September 2017.

 

 

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

 

 

 

ATTACHMENTS/APPENDICES

1.

Unconfirmed Audit Committee Meeting Minutes - 14 June 2017

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                  24 July 2017

Appendix 1 - Unconfirmed Audit Committee Meeting Minutes - 14 June 2017

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                                    24 July 2017

 

 

 

13

Summary of Investments & Banking for the period 1 June to 30 June 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 June 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 June 2017 to 30 June 2017 and a reconciliation of invested funds as at 30 June 2017.

 

The investment returns versus the benchmark as a percentage for June 2017 are:

·    Council portfolio current yield (including FRNs)          2.59%

·    90 day Bank Bill Swap rate (Benchmark)                    1.72%

 

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 June 2017, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for June 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 30 June 2017.

 

Andrew Moore

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Investments as at 30 June 2017

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  24 July 2017

Appendix 1 - Summary of Investments as at 30 June 2017

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 July 2017

Report Title:            Update on Consultation regarding Western Sydney Airport

Attachments:           Letter from PCC to DIRD requesting Public forum

                                Letter from DIRD to PCC advising no public forum

                                Maximising Benefits Airport Advocacy document



Ordinary Meeting                                                                                                                  24 July 2017

Attachment 1 - Letter from PCC to DIRD requesting Public forum

 

PDF Creator


Ordinary Meeting                                                                                                                  24 July 2017

Attachment 2 - Letter from DIRD to PCC advising no public forum

 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                                                  24 July 2017

Attachment 3 - Maximising Benefits Airport Advocacy document

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

ATTACHMENT       

 

 

 


Date of Meeting:     24 July 2017

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2017-2018 Voted Works