Council_Mark_POS_RGB

21 February 2018

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 26 February 2018 at 7:00PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 18 December 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 - 6 December 2017.

Access Committee Meeting - 13 December 2017.

Local Traffic Committee Meeting - 5 February 2018.

Policy Review Committee Meeting - 12 February 2018.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 February 2018

 

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 so il 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_RGB2018 MEETING CALENDAR

January 2018 - December 2018

(Adopted by Council - 27 November 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

7.00pm

 

 

 

 

 

 

 

 

 

10

 

 

17

 

 

26@

26

30v

28#

25*

23

27@

   

   24^ü

 

29

26#+

 

Policy Review Committee

7.00pm

 

12

12

16

14

4

9

13

3

8

12

10

 

 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 (May 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 2017-2018 Annual Statements are presented

 

Meeting at which any comments on the 2017-2018 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 on 4732 7597

 



UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 18 DECEMBER 2017 AT 7:04PM

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 Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price.

 

 

APOLOGIES

337  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown that apologies be received from Councillors Jim Aitken OAM, Mark Davies and Joshua Hoole.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 November 2017

338  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 27 November 2017 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 11 December 2017                                                                                                                  

339  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 December, 2017 be adopted, with the exception of Item 7 – Amending Precinct Plan and Infrastructure Planning for the Central Precinct, St Marys Release Area.

 

 

 

 

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 11 December 2017 - Item 7 - Amending Precinct Plan and Infrastructure Planning for the Central Precinct, St Marys Release Area

340  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the recommendations contained at Item 7 - Amending Precinct Plan and Infrastructure Planning for the Central Precinct, St Marys Release Area - Report and Recommendations of the Policy Review Committee meeting held on 11 December, 2017 be adopted.

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

For

Against

 

Councillor 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 Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

2        Reports and Recommendations of the Local Traffic Committee held on 4 December 2017                                                                                                                                     

341  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 December, 2017 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Real Festival 2017                                                                                                             

342  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Real Festival 2017 be received.

2.    The sponsors be thanked for their contributions to the 2017 Real Festival.

 

Outcome 4 - We have safe, vibrant places

 

2        Cemeteries Strategy and Business Review                                                                   

343  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Cemeteries Strategy and Business Review be received

2.    Council endorse the recommendations in the Cemeteries Strategy and Business Review, and associated masterplans and it be acknowledged that the Strategy relates to local cemeteries.

3.    Council endorse the amended Cemeteries Policy and it be acknowledged that the Strategy relates to local cemeteries.

4.     Council write to the NSW Premier, Minister for Planning and Minister for Lands and all Local Members requesting the NSW Government investigate and establish an effective intergenerational Statewide cemeteries/crematoria strategy, focussing on major growth areas, in particular the Greater Sydney Metropolitan Area.

5.     Council call on the NSW Government to convene a summit involving all stakeholders, inclusive of councils, with a view to formulating a cemeteries/ crematoria strategy.

6.     A further report be presented to the Policy Review Committee regarding not providing lawn sections only in Council cemeteries for future burial sites/plots.

 

Outcome 6 - We are healthy and share strong community spirit

 

3        Youth Week 2018                                                                                                               

344  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Youth Week 2018 be received.

2.    Council endorse the three recommended projects and funding amounts to the total value of $7,126 as outlined in Table 1 of this report.

 

Outcome 7 - We have confidence in our Council

 

4        2018-19 Operational Plan - Budget Preparation and Settings                                     

345  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on 2018-19 Operational Plan - Budget Preparation and Settings be received.

2.    Council make initial identification of particular matters to be considered in the preparation of the Draft 2018-19 Operational Plan.

3.    Preparation of the Draft 2018-19 Operational Plan continue in the terms discussed in this report and outlined in the Annual Budget Guidelines attached.

 

 

5        Decision Making Arrangements for the Christmas / New Year Council Recess       

346  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Decision Making Arrangements for the Christmas / New Year Council Recess be received

2.    Development Applications which would normally warrant reporting to Council between 19 December 2017 and 5 February 2018 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, or in his absence the Deputy Mayor.

3.    A report be presented to the Ordinary Council Meeting (if required) to be held on 5 February 2018 relating to the operations of the organisation during this period should any determinations be made.

 

7        Borrowing Program 2017/18                                                                                            

347  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Borrowing Program 2017/18 be received

2.    Council be advised that CBA was the successful lender for the $4,097,648.22 CBD Drainage LIRS renewal loan.

 

8        Summary of Investments & Banking for the period 1 November to 30 November 2017                                                                                                                                     

348  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

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

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

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

 

6        2018 Australian Local Government Women's Association NSW Annual State Conference                                                                                                                         

349  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee

That:

1.    The information contained in the report on 2018 Australian Local Government Women's Association NSW Annual State Conference be received

2.    Councillors Kath Presdee and Karen McKeown be Council’s delegates to attend ALGWA’s NSW Annual State Conference, to be held in Gundagai from Thursday, 15 March to Saturday 17 March 2018, with any other available Councillors to be in attendance.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Weed Infestation - Old Bathurst Road, Emu Plains       

Councillor Kevin Crameri OAM requested that, with regard to the request he submitted at Council’s Ordinary meeting of 27 November 2017 relating to the weed infestation of Apple of Sodom at the Correctional Facility in Old Bathurst Road, Emu Plains, he be first provided with any material including letters and any photographs, before this information is sent to recipients as outlined in his request.

 

There being no further business the Chairperson declared the meeting closed the time being 7:38pm.

 



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        Village Cafe Wins Zest Award                                                                                           1

 

2        June Roots                                                                                                                         2

 

 



Ordinary Meeting                                                                                            26 February 2018

 

Mayoral Minute

Village Cafe Wins Zest Award

           

 

On Friday 16 February I attended the ZEST Awards with Jeni Pollard, Place Management Manager, and staff from the Neighbourhood Renewal and Community and Cultural Development teams. The ZEST Awards, led by Western Sydney Community Forum, showcase the great work of the community sector across Western Sydney.

 

I am pleased to announce that the ‘Village Café’ won the award for ‘Exceptional Partnership within an LGA’. The Village Café is funded by the NSW Department of Family and Community Services Liveable Communities Program.

 

The Village Café project partners include Penrith Council, the Nepean Blue Mountains Local Health District, the Nepean Primary Health Network, Community Junction, Ability Links, LikeMind and Uniting. The project is a joint priority under the Penrith Health Action Plan – an agreement between the three levels of government to collaborate on health promotion, prevention and early intervention.

 

Each of the Village Café project partners brings their unique expertise to empower people over the age of 50 in North St Marys to improve their health and wellbeing. Residents are offered a unique opportunity to connect socially, share their experiences of staying well, and informally access preventative health and community services at a fortnightly café that pops up in a vacant block at Parklawn Place shops North St Marys.

 

Barefoot Beats, coordinated by Donita Hulme in Council’s Neighbourhood Renewal team, also won the award category Outstanding Project Promoting Social Cohesion and Community Harmony.  This dance-based story telling project involved students from Aboriginal, African and Pacific Islander heritage at Colyton High resulting in two broadcast quality short films with the message “be yourself”.

 

There were also several other organisations and individuals from the Penrith LGA that were recognised at the Zest Awards, including Michelle Ellery from the Queen of Hearts Community Foundation, Maureen Silleri and her contribution to an Aboriginal themed Vest for Rooby Roo at North St Marys Primary School, and Nepean Food Services in the category Outstanding Voluntary Organisation.

 

I would like to congratulate all Council staff and partners involved in the Village Café project and the other award winners from Penrith.

Councillor John Thain

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Village Cafe Wins Zest Award be received.

 

 


Ordinary Meeting                                                                                            26 February 2018

 

Mayoral Minute

June Roots

           

 

Over the weekend of 17 & 18 February I had the pleasure to attend the 114th annual Luddenham Show, a well-known event in our City and a key part of Luddenham’s history and identity.

 

This year an amazing lady named June Roots, was afforded the honour of officially opening the show, an honour that was richly deserved.

 

Now in her eighties, June has been an institution at the Luddenham Show for more than 60 years. Every year, June works countless hours helping to bring the show to the people of Luddenham and visitors from far and wide.

 

June regularly works 12 hour days to ensure the Show goes ahead and her energy and enthusiasm for both the Show and her community is infectious. She embodies the true spirit of all volunteers. She is the true quiet achiever who makes an outstanding contribution to our City and in particular she makes a real difference to the community of Luddenham.

 

June was the first President of the Ladies Auxiliary for the Luddenham Show Society and for many years has been responsible for the exhibition pavilion at the Show. She also worked tirelessly to get females more involved in the local Luddenham Progress Association. She did this with such success that there are now many females involved with the Association.

 

On behalf of my fellow Councillors and the community of Penrith I would like to take this opportunity to congratulate June on her years of tireless service to the Luddenham Show.

 

June, you are an icon of this event and you have brought immense credit to yourself and this city and you thoroughly deserve our gratitude and appreciation.

 

 

Councillor John Thain

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on June Roots be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 6 December 2017                                                                                                          1

 

2        Report and Recommendations of the Access Committee held on 13 December 2017   5

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 5 February 2018                                                                                                                                  10

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 12 February 2018                                                                                                                  19

 

 



Ordinary Meeting                                                                                            26 February 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 6 December, 2017

 

 

 

PRESENT

Rubie Ireson, Penrith City Council; Olivia Kidon, Penrith City Council; Allison Kyriakakis, Penrith City Council; Ian Bridges-Webb, Nepean Blue Mountains Local Area Health District – Needle and Syringe Program; Ken Innes, Glenmore Park Residents Group; Grant Healey, Penrith Local Area Command; Erin Davidson, Penrith City Council; Gai Hawthorn, Penrith CBD Corporation; Jeni Pollard, Penrith City Council.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to the Mayor, Councillor John Thain, Deputy Mayor, Tricia Hitchen and Councillors Aaron Duke, Bernard Bratusa, Greg Davis, Jim Aitken OAM, Karen McKeown, Kath Presdee, Kevin Crameri OAM and Ross Fowler OAM for the period 4 December 2017 to 6 December 2017 inclusive.

 

APOLOGIES

Councillor Karen McKeown; Tracy Leahy, Penrith City Council; Brett McFadden, Penrith Local Area Command; Daniel Wanja, Penrith Youth Interagency; Katerina Tahija, Penrith City Council.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 6 September 2017

The minutes of the Penrith Community Safety Partnership Meeting of 6 September 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of Community Safety projects

White Ribbon Day

Allison Kyriakakis shared a PowerPoint presentation that was put together with photos from White Ribbon Day.

Council held the annual White Ribbon Twilight River Walk on Saturday 25 November with approximately 500 community members participating in the 3.5km walk from Weir Reserve to Tench Reserve.

This year, speeches and formalities were held prior to the walk at Weir Reserve and feedback received from participants indicated that the shift of formalities prior to the commencement of the walk was a great format. Official speeches were given by Deputy Mayor Councillor Tricia Hitchen and Superintendent Brett McFadden and Emma Husar MP led participants in the reading of the White Ribbon Oath.

Official White Ribbon merchandise was available to purchase at both ends of the walk with all money raised being donated to White Ribbon Australia.

This year hand flags were distributed to all upon arrival with participants encouraged to write a personal message of support and place it in a large White Ribbon display at the completion of the walk. Allison thanked yourtown, a local organisation that provides services for young people, for their creative support in designing and building the White Ribbon display. 

Signage that marks the pedestrian walking route from Weir Reserve to Tench Reserve was upgraded this year with White Ribbon branded facts and statistics about Domestic and Family Violence as a crime and the impact of Domestic and Family Violence on individuals, the community, the economy and businesses.

Zonta Club Nepean Valley also supported the event once again by showcasing their shoe display. Each pair of shoes displayed represented one woman or child that lost their life throughout 2017 to violence.

This year a number of community organisations walked with their own banners. There was increased participation from community organisations and local schools, particularly St Dominic’s College, Caroline Chisholm College and schools from St Clair and Erskine Park.

The event concluded at Tench Reserve, Penrith with a free sausage sizzle, jumping castle, face painting and entertainment.

Planning is already underway for the 2018 event. It is anticipated the pedestrian bridge across the Nepean River will be completed and open by this time also which may provide opportunities for a revised walking route.

 

Community Safety Plan 2018 - 2021

Rubie Ireson is working on the development of the new three (3) year Community Safety Plan 2018 – 2021 for the City.

A number of consultations have taken place with the community which have included discussions with local business, community groups and service providers and through participating in interagencies, networks, forums and events where Rubie has sought feedback on people’s experiences, feelings and ideas about crime and community safety across the City.

A short online survey was developed, as well as an adapted youth survey for young people aged12 to 25. The surveys were widely promoted and the community were encouraged to complete and share their experiences. Currently there are almost 550 surveys completed.

As part of the community consultations, three (3) community focus groups were held at Erskine Park, Glenmore Park and Werrington, inviting residents to meet with Community Safety staff and talk about crime and safety issues in the community.

Listening posts were held in Penrith and St Marys and three (3) semi-rural locations - Mulgoa, Londonderry and Llandilo. Place Management staff visited these locations to engage with residents and to hear their experiences of crime and safety in the area.

A Crime Profile is currently being put together by WESTIR. Once this is received, information collected from the surveys will be evaluated and key themes and trends will be identified. This information will then be presented to Penrith Local Area Command to review and provide additional input.

Pending Council endorsement the Plan will be submitted to the NSW Department of Justice for further endorsement.

 

Safer Communities Fund – Grant Application

Allison advised that Council submitted a funding application, ‘Lights, Bollards, Activate’ to the Federal Government’s Department of Business, a project aimed at revitalising and improving the safety and security of public spaces along High Street, Penrith.

There is no date advised to anticipate an outcome of the application though if successful, Council will install 20 ‘smart’ bollards at selected locations on High Street. The bollards incorporate lighting, smart technologies and hostile vehicle mitigation.

Allison thanked both Penrith Local Area Command and the Penrith CBD Corporation for their letters of support for the project.

 

Alcohol Free Zones and Alcohol Prohibited Areas

Council supported the re-establishment of 85 existing Alcohol Free Public Spaces across the City at its 25 September Ordinary Meeting, for a further four (4) year period from 1 November 2017 to 31 October 2021. Council crews are currently replacing and updating all signage across the city.

During the consultation period to re-establish the existing Alcohol Free Public Spaces, an additional location was received from Penrith Local Area Command to establish a section along Henry Street, Penrith between Lawson Street and Station Street as an Alcohol Free Zone (AFZ). A further consultation period was undertaken with no objections received. A further report was then presented to Council recommending the establishment of the additional Zone, which was supported. The addition of this AFZ now makes all of the streets within the Penrith CBD designated Alcohol Free Zones.

 

Thornton Community Group

During the consultation period for the re-establishment of Alcohol Free Public Spaces referred to above, the Thornton Community Group requested a number of locations within the community be considered as Alcohol Free Public Spaces.                                                                                                         

Olivia advised that as Thornton is a new community, crime data does not support their submission. Community Safety staff invited representatives from the group to meet and discuss their concerns.

As an outcome from the meeting, Community Safety staff are now working with the community group to pilot a program that promotes positive behaviour in public spaces around litter, anti-social behaviour (including alcohol consumption) and reporting incidents to Police and Council. Banners are being designed containing positive messages that can be displayed and relocated within the community as needed.

It is anticipated that the project will commence in early 2018.

 

Peppertree Reserve Youth Engagement Project

Allison advised that Community Junction continue to deliver the youth engagement project on Friday evenings from the youth centre.

As part of the project a Youth Leadership Group has formed, giving young people an opportunity to take a lead role in the delivery of the project.

The project will cease to operate over the Christmas break for a few weeks before recommencing in the new year. The project is due to conclude in June 2018.

 

RECOMMENDED

That the information contained in the report on Update on the delivery of Community Safety projects be received.

 

 

GENERAL BUSINESS

 

GB 1           Penrith Local Area Command Crime Statistics and PCYC Grand   Opening   

Grant Healey reported that within the crime category of ‘Robberies’, these are at an all-time low.

 

New estates are being targeted for Steal from Dwellings. Fixtures and fittings are being stolen from builders to complete homes.

 

Steal from Motor Vehicles continues to remain high with tools and equipment being stolen from utes parked in driveways and on the roadway.

 

Grant also addressed the merge between Penrith Local Area Command and St Marys Local Area Command. Nepean Police Area Command will officially restructure and rebrand on 14 December 2017. It will be the busiest Command for Family and Domestic Violence related incidents. The new Command will incorporate 190 licensed premises - this is also the largest number of licensed venues in a Police Command in NSW.

 

Service levels will remain the same and staffing details are yet to be finalised. A number of roles will see a surplus of staff that will be redeployed to other stations and positions.

 

Grant also advised that last week the PCYC had their grand opening, showcasing their $150,000 refurbishment and new gym.

 

They are currently looking for donations of bicycles to run a program with young people repairing and refurbishing them. Jeni advised that an email could be circulated with Council to seek support.

 

GB 2           Passing of John Williams            

Ken Innes advised that John Williams, President of the Glenmore Park Residents Group, passed away a few weeks ago.

 

GB 3           PCYC Open Day - Friday 22 December 2017         

Gai Hawthorn advised that the Penrith PCYC is holding an open day on Friday 22 December 2017 between 12 noon and 2.00pm in the hall. Everyone is invited to attend.

 

GB 4           Discarded syringes around Judges Place Car Park      

Ian Bridges-Webb advised that the Needle and Syringe Program has received more reports of discarded syringes around Judges Place Car Park.

 

There being no further business the Chairperson declared the meeting closed the time being 4.00pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 6 December, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                            26 February 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 13 December, 2017

 

 

 

PRESENT

Councillor Tricia Hitchen - Deputy Mayor (Chair), David Currie, Allan Windley, Anthony Mulholland, Dianne Brookes, Farah Madon, Carole Grayson.,

 

IN ATTENDANCE

 

Pukar Pradhan – Senior Environmental Planner, Ross Kerkham – Supervisor Certification, Claire Galvin – Disability Inclusion Officer, Erich Weller – Community and Cultural Development Manager, Graham Howe – Building Projects Coordinator, Katerina Tahija – Acting Community Programs Coordinator, Joe Ibbitson – Community Programs Coordinator (5.30pm).

 

GUEST

 

Tessa Duncan – Deputy Director of Engagement, NDIA – National Disability Insurance Scheme.

 

APOLOGIES

Apologies were accepted from Hans Meijer, Councillor Todd Carney, and Craig Squires.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 October 2017

The minutes of the Access Committee Meeting of 11 October 2017 were confirmed.

 

BUSINESS ARISING FROM PREVIOUS MINUTES

 

1        Development Applications Referred to the Access Committee

 

DA17/0665   Six storey Split Level Hospital Carpark, Rooftop Helipad and Related Stormwater Drainage, Servicing, Landscaping and Soil Remediation Works

 

Councillor Hitchen advised that the Nepean Hospital six-storey multilevel carpark, rooftop helipad and related works development application went to Sydney West Panel and was approved with the accessible carparking spaces increased from six to 14.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 6 - We are healthy and share strong community spirit

 

2        National Disability Insurance Scheme (NDIS) - update on rollout within Penrith City                                                                                                                                             

Claire Galvin introduced Tessa Duncan, Deputy Director of Engagement, National Disability Insurance Agency, to give an update on the rollout of the National Disability Insurance Scheme (NDIS).

 

Claire Galvin advised that previously Mary Hawkins from the National Disability Insurance Agency (NDIA) made a presentation to the Access Committee on the early rollout of the NDIS.

 

Tessa Duncan advised that the NDIS NSW Central agency is operational in Nepean Blue Mountains areas – Hawkesbury, Penrith, Blue Mountains and Lithgow.  The NDIS has been rolled out quite extensively and last year was rolled out over another 11 local government areas.  This financial year the scheme was rolled out over the mountains out to Bathurst, Dubbo, Orange, heading west and north west.  This scheme does not cover Broken Hill – that area is covered by South Australia.  NSW is broken up into four areas – NSW Central, NSW Sydney – Parramatta, Hills, South East Sydney, NSW North – Central Coast, Hunter, NSW South and ACT – Wollongong, south and south east.

 

Tessa Duncan advised that as the NDIS is a national scheme there are a lot more areas still in rollout.  By the end of 30 June 2018 the NDIS will have moved from transition phase to full scheme.  For the last two years focus has been on moving people from State funded services – moving those participants across into this scheme. 

 

Tessa Duncan said that NSW Central aims to be an approachable agency.  The local email address is enquiries.nswcentral@ndis.gov.au.  The agency works with partners who help people through the NDIS journey and has a partnership with local area coordinators at Uniting.  Uniting assist people to understand the scheme and gather information to present to the scheme as well as completing reviews of plans. Tessa Duncan advised that the partnership with Uniting has been amazing in the Penrith area.  One exciting uniqueness of this area was the early launch and build up with four early childhood providers – a partnership with Lifestart, Lapstone Pre-School, Hawkesbury Early Intervention Service and SDN in Lithgow.  This area has shaped the policy around the NDIS.  This approach is to be built into a national model.

 

The NDIS office in Penrith is located in the Australian Taxation Office building near the station.  The site in Windsor is with the Department of Human Services.  There is also a site in Katoomba and a visiting service to Lithgow.  The staffing at the agency has more than tripled in size since the launch in Penrith.

 

Access Committee members asked Tessa Duncan questions and discussion included:

 

·    The training planners receive – planners either have a lived experience of disability or a working history in disability.

·    NDIS is an insurance scheme, not a welfare model.

·    Improvements have been made in the participant experience with a better support process for families.  This will be trialled, evaluated and ready for 1 July 2018.

·    The service is adapting to change from the learnings and mistakes that have been made.

·    Staff are recruited and given initial training.  Then after a period of time, when they have been in the job for a while, further training is undertaken.

·    Changes in the NDIS process over the last four years – what is reasonable and necessary to fund – to support the person with disability and reasonable and necessary for the tax paying community to pay for. All six key areas should be met before funding is approved.  The NDIS cannot replicate the costs that belong to another mainstream agency. 

·    Penrith Council has been very supportive of the agency – through property locations, hosting and co-hosting events, and inviting the NDIA to events and activities.  The agency also works on a higher level with State agencies such as Health, Education and Justice.

·    When does a health issue become a disability – this is a challenging space.  There is a NDIS technical advisory team as not everyone understands all disabilities.

·    Tessa Duncan advised she could not comment on individual plans in an open environment and explained that the process is being reviewed.  All decisions made through the planning process can be reviewed on request by the applicant.

 

Joe Ibbitson arrived at the meeting at 5.30pm.

 

·    Clients have found it stressful not be kept informed by coordinators regarding their plans.  There is an issue with money not being used and it being lost.  The previous system allowed the funds to roll over to the following year.

·    Tessa Duncan asked Anthony Mulholland if he would like to come and speak to the NDIA coordinators next year.  She said that the passion of his words would have great impact on the coordinators.  Tessa Duncan will contact Claire Galvin for Anthony Mulholland’s details.

·    Concern regarding some organisations advertising the scheme as living life the way you want it rather than what is reasonable and necessary.  Tessa Duncan advised that the way the NDIS operates, people with disabilities are consumers under Australian law and as they have a service agreement they can contact Fair Trading for advice.

·    Anyone can apply at any time to the NDIS and those found eligible will be contacted.  Those people with existing services have priority.  If there is a dire circumstance it is possible to do an urgent access plan.  It is difficult to give timeframes at this point in time.

·    Concern regarding clients having to be proactive over the phone to keep things moving.

·    Tessa Duncan asked Committee members if they were interested in being involved in a trial and all were in favour.

 

RECOMMENDED

That the information contained in the report on National Disability Insurance Scheme (NDIS) - update on rollout within Penrith City be received.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee                                  

DA17/0995 Proposed Caddens Precinct Centre Development

 

Ross Kerkham, who is acting for Craig Squires, introduced Pukar Pradhan to the meeting.

 

Pukar Pradhan advised the proposed development application from Western Sydney University is for a shopping precinct at O’Connell Street, Caddens.  The 48,000 square metre site will house a Woolworths supermarket, a BWS liquor store and 41 speciality shops under two roofs. There are proposed to be 500 parking spaces including 10 accessible parking spaces.

 

Issues discussed by the Committee included:

 

·    The level difference between the road level and the shop buildings of 4m presents difficulties in providing appropriate accessible pathway connection – due to this there is a need to design the pathway for wheelchair access and may even require a travellator to achieve this

·    30% of the front of the site is loading dock – noise from the trucks is detrimental to the residents on the other side

·    Excavation being required it was recommended that accessible level parking level be located at the back of the site

·    Distance from the parking to the entrance needs to be considered

·    The location of the bus stops

·    The number and location of accessible parking spots be indicated on the plan

·    Accessible parking to be in close proximity to the entrances to the centre

·    Provision of a changing places facility in the development.

 

RECOMMENDED

That:

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

2.   A changing places facility and accessible paths of travel from the site boundary to the shopping centre be provided. 

 

GENERAL BUSINESS

 

GB 1           International Day of People with Disability  

Claire Galvin gave an update on the International Day of People with Disability.  The day was hosted on 4 December 2017 in the Mondo space in partnership with a number of local disability services.  The event was well received with a number of outdoor activities and performances.

 

Pukar Pradhan left the meeting at 6.05pm.

 

GB 2           Nepean Jobs for All  

Claire Galvin advised that the next step with the Nepean Jobs for All project is a meeting to be held in January with local Disability Employment Service (DES) providers.

 

GB 3           Penrith Railway Station      

Allan Windley advised the meeting of the difficulties vision impaired people are having with Penrith Railway Station.  There are issues getting down from the concourse area, with the layout, the lack of tactiles and lack of landmarks.  The stairs come down at an angle and that is also throwing a lot of people off.  Allan Windley also advised that people are not able to access platform 3 and the lifts have not been working.

 

Dianne Brookes also advised that her daughter is having problems at Penrith station with the lack of visual aids and the distance of the stairs to the station.

 

Erich Weller advised that the Access Committee could write to Transport NSW.  Erich Weller requested that any issues community members have be forwarded through to Celia Bishop and correspondence from Council’s General Manager can be drafted to Transport NSW.  This letter can be copied to Anthony Mulholland as consumer representative on Transport NSW to also follow up.  A suggestion was also made to meet at the station to make a list of the Committee’s concerns.

 

GB 4           Farewell to Joe Ibbitson     

Erich Weller advised that Joe Ibbitson was attending the meeting, before his retirement from Council, to say goodbye to Committee members and thank them for all their support.

 

Joe Ibbitson said he was pleased that disability planning is now part of Council’s planning process and that it is in Council’s four-year delivery program.  Joe Ibbitson said he was excited about all that the Access Committee had achieved over the last 13 years.  He congratulated everyone and said well done to all. 

 

Tricia Hitchen commended Joe Ibbitson for his driving force and hard work and said he was part of the reason that the Access Committee has come so far.  Tricia Hitchen thanked Joe Ibbitson for everything he has done.

 

GB 5           Ripples     

Councillor Hitchen advised that Ripples has just received its NDIS accreditation.  Ripples is now fully accessible for everybody with glass sliding doors and a hoist with the capacity of 300kgs. 

 

GB 6           Joan Sutherland Performing Arts Centre (JSPAC)       

Graham Howe advised that an order has been placed for the custom made accessible seating area for the JSPAC. The new seating has flexible configuration options and is due to be installed in February.

 

Erich Weller referred to the matter of accessible seating at the Q Theatre raised by David Currie previously. Erich Weller has requested of the CEO of the Penrith Performing and Visual Arts Ltd that an inspection be held to determine a solution to this issue.

 

Councillor Hitchen thanked all Committee members and wished everyone a happy Christmas and New Year.

 

There being no further business the Chairperson declared the meeting closed the time being 6.15pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 December, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                            26 February 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 February, 2018

 

 

 

PRESENT

Councillor Karen McKeown (Council Representative), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Nepean PAC (Police Area Command). 

 

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady – Busways, Nick Veljanovski – Transit Systems NSW, Jodie Mallia - Comfort Delgro Cabcharge NSW (Blue Mountains Transit), David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Kevin King – Trainee Engineer, Caitlin Bailey – Trainee Engineer, Steven Purvis – Senior Ranger, Bernie Meier – Signs and Linemarking Officer.

 

LEAVE OF ABSENCE

NIL.

 

APOLOGIES

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 December 2017

The minutes of the Local Traffic Committee Meeting of 4 December 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Camden Street, Penrith - Proposed 'No Parking' Zone                                                

RECOMMENDED

That:

1.     The information contained in the report on Camden Street, Penrith - Proposed 'No Parking' Zone be received.

2.     Consultation to be undertaken with affected business with respect to proposed ‘No Parking’ zone on Camden Street, Penrith.

3.     Subject to no substantial objections the proposed 14m ‘No Parking’ zone be installed on Camden Street, Penrith as shown in Appendix 1.

4.     The affected businesses be informed of the outcome.

 

 

 

2        Festival of Green and Street Parade - Saturday, 17 March 2018                                 

Sergeant Matthew Shirvington of Nepean PAC enquired about other events also occurring on 17 March 2018 including the “Head of the River” Regatta and Penrith Football Game at Pepper Stadium and raised concerns about potential conflicts with road closures and increased traffic.

Matthew Shirvington of Nepean PAC suggested for an earlier scheduled pack-up time for the event stalls in order to allow for the earlier road closure re-openings.   

Ruth Byrnes, Senior Traffic Officer advised that she would liaise with the event organisers about allowing for an earlier event stall pack-up time and also negotiate with them about changing the road closure re-opening times to 7:00pm rather than 9:00pm.

RECOMMENDED

That:

1.     The information contained in the report on Festival of Green and Street Parade - Saturday, 17 March 2018 be received.

2.     The Traffic Management Plan for the part Class 2 and part Class 4 Special Event pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events 2006” for the “Festival of Green” and Street Parade on Saturday, 17 March 2018 be endorsed, subject to the following conditions:

(a)  Approval be given for the temporary closure of the following roads for the duration of the event, with a negotiated 7:00pm road reopening time: -

 

Roads

Closure

Opening

High St, between Castlereagh and Henry Sts

3.00am

7:00pm

Station St, between Henry St and Union Rd

Woodriff St, between High and Tindale St

Riley St, between High and Henry Sts, and Jane and Henry Sts

Union Lane, between Station and Woodriff Sts

Masters Place car park

For Parade -

PCYC car park area

8.00am

1.30pm

High St, between Castlereagh and Lawson Sts

12.30pm

1.30pm

Castlereagh St, between High and Tindale Sts

Union Rd, eastbound between Union Rd car park entry and Station St

12.15pm

1.30pm

 

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

(c)  The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, prior to the event.  In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed event.

(d) A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

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

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

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

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

(i)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event.

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

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

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

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

(n) The event applicant is to request participants to obey road rules and Police directions during the event.

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



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

 

3        Radar Speed Management Trailer - October to December 2017 Locations               

Councillor Marcus Cornish requested that Russell Street, Emu Plains be listed as a location for the Radar Speed Management Trailer to be deployed for the southern side of the Railway Line when travelling northbound.

RECOMMENDED

That:

1.     The information contained in the report on Radar Speed Management Trailer - October to December 2017 Locations be received.

2.     The October to December 2017 locations be noted.

3.     Russell Street, Emu Plains be listed as a location for the Radar Speed Management Trailer to be deployed for the southern side of the Railway Line when travelling northbound.

 

4        Frogmore Road and Kingswood Road, Orchard Hills - Provision of STOP Sign Treatment                                                                                                                           

Councillor Marcus Cornish enquired about the potential for the trees on the western side of Kingswood Road, Orchard Hills (just south of the intersection with Frogmore Road) to be trimmed or removed in order to improve driver sight lines when at the intersection.

Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised that the trees on the western side of Frogmore Road would need to be investigated by the Parks and City Presentation Departments about the suitability of the trees being trimmed or removed, with regards to tree preservation and protected species.

RECOMMENDED

That:

1.     The information contained in the report on Frogmore Road and Kingswood Road, Orchard Hills - Provision of STOP Sign Treatment be received.

2.     The existing ‘Give Way’ signage and line marking at the intersection of Frogmore Road and Kingswood Road, Orchard Hills be replaced with a STOP sign and line marking treatment as shown in Appendix 1.

3.     The Hon Stuart Ayres MP, Member for Penrith and the resident who raised the matter be informed of the outcome.

4.     Council’s Parks and City Presentation Departments be requested to investigate the suitability of the trees on the western side of Kingswood Road, Orchard Hills just south of the intersection with Frogmore Road, to being trimmed or removed in order to improve driver sight lines when at the intersection.

5.     Councillor Marcus Cornish be advised of the outcome in relation to tree trimming or removal of the trees on the western side of Kingswood Road, Orchard Hills.

 

 

5        Joseph Street, Kingswood - Proposed Provision of 'No Stopping' Signage             

RECOMMENDED

That:

1.     The information contained in the report on Joseph Street, Kingswood - Proposed Provision of 'No Stopping' Signage be received.

2.     The existing ‘No Stopping 8:00am – 9:30am & 2:30pm – 4:00pm school days’ zones installed on both sides of the raised threshold pedestrian crossing on Joseph Street, Kingswood, midblock between Maxwell Street and Trent Street, be replaced with full-time ‘No Stopping’ zones as shown on Appendix 1.

3.     Affected residents and St Joseph’s Primary School be notified of Council’s resolution.

 

Councillor Karen McKeown (Council Representative), arrived at the meeting and the time being 9:30am.

 

6        North Street and Intersection of Henry Street / Doonmore Street, Penrith - Endorsement of Design Plans for Temporary Car Park and Roundabout                 

Councillor Marcus Cornish enquired about the intended use of the proposed temporary car park.

Graham Green, Senior Traffic Engineer confirmed that the proposed temporary car park will have 9 hour parking restrictions in place and the temporary car park will be intended to be used by Penrith City Centre workers and shoppers.

Councillor Marcus Cornish requested that All Councillors be advised of the intended purpose of the proposed temporary car park, highlighting that the car park is not intended for commuter parking.

Laura Van Putten of the Roads and Maritime Services (RMS) advised that RMS have undertaken a corridor study on North Street and explained that she would provide Council with any commentary after she has consulted with other RMS departments.

RECOMMENDED

That:

1.     The information contained in the report on North Street and Intersection of Henry Street / Doonmore Street, Penrith - Endorsement of Design Plans for Temporary Car Park and Roundabout be received.

2.     Consultation with affected nearby property owners, businesses and the RMS be undertaken.

3.     Subject to no substantial objections, Design Plans AN44 (dated December 2017) and AH128 (dated December 2017) be endorsed for construction, with funding provided from the Soper Place Car Park Project.

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

5.     A memorandum be prepared and sent to All Councillors regarding the intended use of the proposed temporary car park located off Henry Street, Penrith.

 

7        Jordan Springs East, Stage 3A - Signage and Line Marking Plan                              

RECOMMENDED

That:

1.     The information contained in the report on Jordan Springs East, Stage 3A - Signage and Line Marking Plan be received.

2.     The signage and line marking plans from Cardno for Jordan Springs East, Stage 3A subdivision works (Drawing Numbers: 89914020-ST03-1321 and 89914020-ST03-1322 Revision F) be endorsed for construction (as shown in Appendix 1).

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

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

5.     Cardno be advised of Council’s resolution.

 

8        Mamre Road and Solander Drive, St Clair - Proposed Median Intersection Stop Sign (MIST) Treatment                                                                                                               

Laura Van Putten of the RMS advised the Committee of the future proposed upgrade of Mamre Road and explained that she would need to seek advice from the relevant RMS department prior to providing Council with any commentary about this matter.

RECOMMENDED

That:

1.     The information contained in the report on Mamre Road and Solander Drive, St Clair - Proposed Median Intersection Stop Sign (MIST) Treatment  be received.

2.     Design Plan AM189 (dated January 2018) be endorsed for construction, subject to consultation with the RMS, with funding provided from the 2017/18 National Building Black Spot Program

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

4.     Affected residents be notified of Council’s resolution.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

NIL.


 

GENERAL BUSINESS

 

GB 1           Evan Street and Racecourse Road, South Penrith - Endorsement of Design Plan AC279       

Councillor Marcus Cornish enquired about the removal of the slip lane on Racecourse Road, South Penrith.

David Drozd, Traffic Engineering Coordinator advised that the removal of the slip lane is not expected to cause traffic build-up or delays on Racecourse Road, South Penrith.

Laura Van Putten of the RMS raised concerns about the narrow kerb ramp on the eastern side of Racecourse Road.

David Drozd, Traffic Engineering Coordinator advised that whilst the existing kerb ramp is slightly narrow, the current configuration is due to the existing drainage pit, which prevents Council from widening of the kerb ramp.

RECOMMENDED

          That:

1.   The information contained in the report on GB1. Evan Street and Racecourse Road, South Penrith - Endorsement of Design Plan AC279 be received.

 

2.   Council’s design plan AC279, dated January, 2018 be endorsed for construction, subject to consultation with the RMS.

 

3.   Council’s Major Projects and Design Manager be advised of Council’s resolution.

 

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

 

5.   Busways be formally advised of the changes to the two bus stops in Evan Street, near Greenhills Avenue, South Penrith.

 

GB 2           Henry Street, Penrith - Proposed Raised Pedestrian Threshold

Laura Van Putten of the RMS enquired about the size of the vehicles using the driveway leading to the Penrith Courthouse underground car park and enquired if loading and unloading removalist vehicles or garbage trucks use the underground car park.

David Drozd, Traffic Engineering Coordinator advised that the underground car park is used by delivery vans and vehicles that do not exceed over 5.5 metres in length.

Matthew Shirvington of Nepean PAC enquired if the proposed raised pedestrian threshold on Henry Street, Penrith had already previously been considered by the Committee at an earlier meeting.

David Drozd, Traffic Engineering Coordinator advised that this matter was previously considered by the Committee at a meeting in late 2017, seeking in-principle Design Plan approval and now the matter has again been brought before the Committee seeking approval for Design Plan construction.

Laura Van Putten of the RMS requested a copy of the eastern approach swept turning paths. 

David Drozd, Traffic Engineering Coordinator advised that a copy of the eastern approach swept turning paths would be emailed to Laura Van Putten.

Laura Van Putten of the RMS enquired about the length of the blister islands from kerb.

David Drozd, Traffic Engineering Coordinator advised that the blister islands are 2.7 metres out from the kerb. 

RECOMMENDED

          That:

1.   The information contained in the report on GB2. Henry Street, Penrith – Proposed Raised Pedestrian Threshold be received.

 

2.   Consultation be undertaken with affected businesses with regards to the proposed raised pedestrian threshold on Henry Street, Penrith.

 

3.   Subject to no substantial objection, Design Plan AH126 dated 30 January 2018 for a raised pedestrian threshold be endorsed for construction, with funding provided from the 2017/18 School Pedestrian Safety Program.

 

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

 

GB 3           Henry Street, Penrith - Extension of Separation Line Marking

Sergeant Matthew Shirvington of Nepean PAC requested for the separation line marking on the southern side of Henry Street, Penrith to be extended past the Penrith Police Station driveway in order to reduce potential conflicts with passing vehicles.

RECOMMENDED

          That:

1.   Council’s Signage and Linemarking Officer be requested to extend the separation line marking on the southern side of Henry Street, Penrith past the Penrith Police Station driveway.

 

2.   Sergeant Matthew Shirvington of Nepean PAC be advised of the outcome.

 

GB 4           Russell Street and Great Western Highway, Emu Plains -      Phasing of Traffic Lights       

Councillor Marcus Cornish advised the Committee of queuing traffic at the intersection of Russell Street, Emu Plains when turning right onto the Great Western Highway.

Councillor Marcus Cornish requested for phasing of the traffic lights at the intersection of Russell Street and the Great Western Highway be adjusted.

RECOMMENDED

          That Council’s Traffic Engineer request the RMS to review and adjust the phasing of the traffic lights at the intersection of Russell Street and the Great Western Highway, Emu Plains to give priority to right turning vehicles.

 

GB 5           Chain-O-Ponds Road, Mulgoa - Request for Road Widening

Councillor Marcus Cornish advised the Committee about the uneven road surface and narrowness of the south-western end of Chain-O-Ponds Road, Mulgoa near Kings Hills Road.

Councillor Marcus Cornish requested for an investigation into road resurfacing and road widening at the pinch point at the south-western end of Chain-O-Ponds Road.

RECOMMENDED

          That:

1.   Council’s Assets department be requested to review Chain-O-Ponds Road, Mulgoa particularly the south-western end and investigate opportunities for road resurfacing and road widening.

2.   Councillor Marcus Cornish be advised of the outcome.

 

GB 6           Amalgamation of Penrith Police LAC & St Marys Police LAC

Sergeant Matthew Shirvington of Nepean PAC advised the Committee that Penrith Police LAC & St Marys Police LAC have amalgamated. 

Sergeant Matthew Shirvington of Nepean PAC confirmed that he will be the Police Representative member attending future LTC meetings for the newly named Nepean PAC (Police Area Command).

RECOMMENDED

          That the Committee note the information.

 

GB 7           Feedback on the Gold Coast Commonwealth Games 2018 - Queen's Baton Relay on 4 February 2018  

Ruth Byrnes, Senior Traffic Officer advised the Committee about the successful operation of the Gold Coast Commonwealth Games 2018 – Queens Baton Relay event held on Sunday, 4 February 2018 in Jamisontown and thanked Nepean Police and others for their assistance. 

RECOMMENDED

          That the Committee note the information.

 

There being no further business the Chairperson declared the meeting closed the time being 10:05am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 February, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                            26 February 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 12 February, 2018

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen.

 

APOLOGIES

Apologies were received for Councillors Todd Carney and Joshua Hoole.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 December 2017

The minutes of the Policy Review Committee Meeting of 11 December 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

2        The Village Cafe North St Marys - Progress and Future

Councillor Jim Aitken OAM left the meeting, the time being 7:08pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:18pm.                             

RECOMMENDED

That:

1.    The information contained in the report on The Village Cafe North St Marys - Progress and Future be received.

2.    Council endorse an application to the NSW Government Liveable Communities Grant 2017-18 for the continuation and expansion of the Village Café project.

3.     Council congratulate the team involved with the Village including former Place Coordinator, Heather Chaffey on efforts towards the project.

 

 

 

 

 

 



Outcome 2 - We plan for our future growth

 

1        Amendment to Penrith Development Control Plan 2014 - Oakdale South Industrial Estate, Erskine Park

Councillor Mark Davies left the meeting, the time being 7:26pm.

Councillor Mark Davies returned to the meeting, the time being 7:28pm.

Councillor Karen McKeown left the meeting, the time being 7:28pm.

Councillor Jim Aitken OAM left the meeting, the time being 7:30pm.

RECOMMENDED

That:

1.    The information contained in the report on Amendment to Penrith Development Control Plan 2014 - Oakdale South Industrial Estate, Erskine Park be received.

2.    The General Manager be granted delegation to make any necessary minor changes to the Draft Development Control Plan before public exhibition.

3.    The Draft Development Control Plan be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated regulations.

4.    A further report be presented to Council following the public exhibition.

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

For

Against

Councillor John Thain

 

Councillor Kath Presdee

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Ben Price

 

 

 

 

 


 

Outcome 4 - We have safe, vibrant places

 

3        Lawn Section Burials in Council Operated Cemeteries

Councillor Jim Aitken OAM returned to the meeting, the time being 7:31pm.

Councillor Jim Aitken OAM left the meeting, the time being 7:39pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:42pm.

Councillor Kevin Crameri OAM left the meeting, the time being 7:44pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:48pm.

Councillor Karen McKeown returned to the meeting, the time being 7:51pm.

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

That:

1.   The information contained in the report on Lawn Section Burials in Council Operated Cemeteries be received.

2.   All new Cemeteries must have appropriate segregated areas as is the case with current cemeteries including Catholic, Anglican, Greek etc.

3.   Until a masterplan and business model for any new Cemeteries is developed by Penrith City Council, council will include provision an allocation of 25% of the new cemetery’s land size to be reserved for the purpose of monumental burials and 5% of the land space to be reserved for the purpose of the provision of crypts. The remaining 70% of the land to be used for lawn burials, including: plaque and monument.

 

RECOMMENDED

          That:

1.    The information contained in the report on Lawn Section Burials in Council Operated Cemeteries be received.

2.    Council provide all new burial sections as non-denominational lawn burial sites on an at need basis.

The AMENDMENT was PUT.

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

There being no further business the Chairperson declared the meeting closed the time being 7:53pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 February, 2018 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

Outcome 2 - We plan for our future growth

 

1        Fire Safety Update                                                                                                             1

 

2        Development Application DA17/0919 Stage 1W & 2W - Torrens Title Subdivision into 67 x Residential Lots, 2 x Open Space Lots and 3 x Residue Lots & Associated Works at Lot 1998 DP1220914, Lot 1999 DP 1220914, Lot 1185 DP 1215092 and Lot 1184 DP 1215092 Armoury Road, Llandilo NSW 2747 Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  5

 

Outcome 3 - We can get around the City

 

3        Roads and Maritime Services (RMS) 2017/18 Road Funding Grants                            31

 

4        Roads and Maritime Services (RMS) 2017/18 REPAIR Program (Rehabilitation) Road Funding Grant                                                                                                                  33

 

Outcome 4 - We have safe, vibrant places

 

5        Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith                  37

 

Outcome 5 - We care about our environment

 

6        Tender Reference 17/18-09 - Design and Construction of Gross Pollutant Traps (GPTs) within Penrith LGA.                                                                                                          43

 

7        Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18 47

 

Outcome 6 - We are healthy and share strong community spirit

 

8        Tender Reference RFT17/18-13 for the supply, installation, testing and commissioning of sports field lighting at Shepherd Street, Colyton                                                             53

 

Outcome 7 - We have confidence in our Council

 

9        Audit, Risk and Improvement Committee                                                                        61

 

10      Councillor Resignations and By-Election                                                                         67

 

11      Organisational Performance Report and Financial Review - December 2017               71

 

12      Summary of Investments & Banking for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018                                                                                         76

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Fire Safety Update                                                                                                             1

 

2        Development Application DA17/0919 Stage 1W & 2W - Torrens Title Subdivision into 67 x Residential Lots, 2 x Open Space Lots and 3 x Residue Lots & Associated Works at Lot 1998 DP1220914, Lot 1999 DP 1220914, Lot 1185 DP 1215092 and Lot 1184 DP 1215092 Armoury Road, Llandilo NSW 2747 Applicant: Maryland Development Company Pty Ltd;  Owner: ~St Marys Land Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  5

 

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

1

Fire Safety Update   

 

Compiled by:               Craig Squires, Acting Building Compliance Coordinator

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Ensure buildings constructed are safe and healthy

      

 

Executive Summary

Council is in receipt of reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area.  Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected following a complaint received.  Details of the complainants were not provided.

 

Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection by Fire and Rescue NSW to be reported to Council.Most of the issues raised by Fire and Rescue NSW were of a minor nature and some had already been addressed prior to Council Officers inspecting the premises.  Other issues may take longer to resolve and this could result in the issue of Fire Safety Orders.

 

This report recommends Council continue to monitor these premises as part of its Fire Safety Audit Program and essential fire safety measures are being maintained in the buildings through Fire Safety Orders if required.

 

The fire safety and certification unit in Council’s Development Services Department will also continue to be proactive in assisting the NSW Government’s inter-agency Fire Safety and External Wall Cladding Taskforce on combustible cladding.

Fire and Rescue Reporting

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act 1979 (the Act).  This report relates to such a circumstance where Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, Fire and Rescue NSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When a Council receives advice from Fire and Rescue NSW that they have inspected a premises under Section 118L of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to issue an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of Fire and Rescue NSW.


 

The details of Fire and Rescue NSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

Office building - 311 High Street, Penrith

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: Fire Indicator Panel displayed faults, block plan not installed adjacent to Fire Indicator Panel, emergency exits blocked, questions raised about smoke hazard management and stair pressurisation throughout the building and sprinkler protection in the basement carpark, concerns about hydrant protection and whether today's standards are being met, Annual Fire Safety Statement not displayed.

 

Most issued raised have been rectified, audit undertaken, Notice of Intention to be served pending further information to be received regarding original approval.

 

Shopping Centre - 569-595 High Street, Penrith

 

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: Fire Indicator Panel displayed faults, block plan not installed adjacent to Fire Indicator Panel.

 

All issues rectified.

 

Mixed use development - 56-66 Lakeside Parade

 

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: Fire Indicator Panel displayed faults, block plan and incorrectly installed, Annual Fire Safety Statement not displayed. An Emergency Order was served by officers from FRNSW

 

Emergency order from Fire and Rescue NSW complied with, Council officers also conducted a fire safety audit which identified additional issues. All issues have been included on a Fire Safety Order served by Council officers.

 

 

Office building - 5-9 Evan Street, Penrith

 

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: Fire Indicator Panel displayed faults, block plan and signage not installed, exit signs and emergency lights not maintained, maintenance issues associated with the basement sprinkler system, concerns regarding exit travel distances, the automatic smoke detection system installed and the absence of fire doors, Annual Fire Safety Statement not displayed.

 

Audit undertaken, Notice of Intention served for rectification works.

 

Office building - 308 High Street, Penrith

 

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified:  block plan not installed, sprinkler booster incorrectly labelled, sprinkler gauge dam aged, sliding exit door not installed in accordance with relevant standard, additional exit signs required, Annual Fire Safety Statement not displayed.

 

Notice of Intention and Order sent requesting rectification of sprinkler system, audit requested.

 

Shop - 103 Batt Street, Penrith

 

Inspection undertaken by Fire and Rescue NSW officers, the following non-compliances were identified: a number of emergency exits were blocked and concerns raised regarding compartmentation of units.

 

Issues rectified

 

Update on Combustible Cladding

The fire at Melbourne’s Lacrosse Tower in 2014 highlighted the potential fire safety risks associated with residential mid and high-rise buildings in Australia. Investigations into the Melbourne fire revealed that the external wall cladding was made of aluminium composite panels. The cladding and the way it was used contributed to the rapid spread and intensity of the fire which raised concerns about the non-compliant use of external wall cladding.

 

To address the issue of combustible cladding, the NSW Government has established the inter-agency Fire Safety and External Wall Cladding Taskforce. The Taskforce is working on a number of priorities including a data audit to identify buildings most likely to contain combustible cladding, strengthening fire safety legislation and stopping the use of non-compliant building legislation. The Environmental Planning Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 has also recently been introduced to increase fire safety in buildings by improving the quality of fire safety information submitted to Councils and proposing accrediting the fire safety practitioners who inspect and maintain fire safety equipment.

 

The Department of Planning and Environment is also currently exhibiting a draft cladding regulation (the Draft Environmental Planning and Assessment Amendment (Inventory of Buildings with Combustible Cladding) Regulation 2017). This proposes that owners of buildings identified as having potentially non-compliant external cladding must register the building details with the Department of Planning and Environment within three months of the regulation commencing. Following registration, the owner will need to submit a statement about the cladding material used on the building, the level of fire risk the cladding presents, and what actions (if any) might be necessary to address those risks.

 

Fire and Rescue New South Wales has provided information to Penrith Council regarding a number of buildings identified as having external cladding which may be non-compliant. Council officers have inspected all buildings identified and have undertaken fire safety audits of these buildings. As part of the audit process Council officers have requested additional information from building owners regarding the type of cladding material used. Once the information has been provided, Council officers will be able to determine an appropriate course of action. The Penrith local government area contains buildings which have been certified by both private certifiers and Council certifiers. Council officers have issued several Construction Certificates and Occupation certificates for residential flat buildings within the local government area, none of these buildings to date have been identified as having non-compliant external cladding.

Conclusion

All fire safety issues identified by Fire and Rescue NSW have been responded to by Council officers to ensure that they are addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Audit Program and take any further action as necessary.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Fire Safety Update be received.

2.    Council continue to monitor properties as part of its Fire Safety Audit Program and take any further action as necessary.

3.    Fire and Rescue NSW be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                            26 February 2018

 

 

 

2

Development Application DA17/0919 Stage 1W & 2W - Torrens Title Subdivision into 67 x Residential Lots, 2 x Open Space Lots and 3 x Residue Lots & Associated Works at Lot 1998 DP1220914, Lot 1999 DP 1220914, Lot 1185 DP 1215092 and Lot 1184 DP 1215092 Armoury Road, Llandilo NSW 2747  Applicant:  Maryland Development Company Pty Ltd;  Owner:  St Marys Land Ltd   

 

Compiled by:               Kate Smith, Principal Planner

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Assess development proposals efficiently and made decisions that are open and fair

     

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

 

Executive Summary

Council has received a Development Application from Maryland Development Company Pty Ltd (Lendlease) seeking approval for the following subdivision works in the Central Precinct of the St Marys ADI Site:

·    Subdivision of Stage 1W being Lots 1183 and 1184 in DP1215092 (approved under DA 15/0299) and Stage 2W being Lot 1999 in DP1215092) (approved under DA 15/1216), to create:

 

-     67 residential lots;

-     boundary adjustments to 2 open space lots; and

-     3 residue lots.

 

·    Grading of the site for final residential lots, landscape shaping, boundary interfaces and roadway levels;

·    Road reserve landscaping; and

·    Extension/augmentation of services and stormwater drainage infrastructure, as required.

 

The land is zoned ‘Urban’ under the provisions of the Sydney Regional Environmental Planning Policy No.30 – St Marys (SREP 30). Subdivision is permitted with consent pursuant to Clause 45 of SREP 30.

 

The development application was advertised in local newspapers, exhibited and notified to adjoining property owners and occupants for thirty (30) days in accordance with the Environmental Planning & Assessment (EP&A) Act 1979 and Environmental Planning & Assessment Regulation 2000. The exhibition period was 20 October 2017 to
20 November 2017.

 

Council has received twenty-one individual submissions, one indicating it is on behalf of fifty landowners and a petition which contains ten signatures. Concerns raised in submissions generally related to the encroachments along the southern boundary of the site which directly adjoins residential properties located in Werrington County. The applicant and developer has proposed to rectify encroachments through a land transfer offer to adjoining residents.

 

The application has been assessed with respect to the EP&A Act 1979, relevant Environmental Planning Instruments and policies applicable to the subject site. It is considered that the proposal conforms to the relevant provisions of the various Environmental Planning Instruments and will not result in any unreasonable adverse impact on the natural and built environment. The land transfer offer proposed is reasonable subject to a condition recommended to better facilitate this process.

 

It is recommended that Council grant consent to the proposal subject to the recommended conditions of development consent.

 

Site & Surrounds

The Central Precinct is one of the six (6) precincts of the St Marys Development Site endorsed by the NSW Government for inclusion in the Urban Development Programme in 1993. The site is situated to the north­west of the Dunheved Industrial Area. Along the southern boundary is the Werrington County residential area. Wianamatta Regional Park is situated to the north and west of the site. South Creek is situated to the eastern portion of the Central Precinct.

 

The site to which this application applies includes land on the southern boundary of Stages 1 and 2 of the St Mary’s Central Precinct, otherwise known as the ’Werrington Interface Lots’ or ’Stages 1W and 2W’. Stage 1W (Lots 1183 and 1184 in DP1215092) was approved under DA15/0299 and Stage2W (Lot 1999 in DP1215092) was approved under DA15/1216. Stages 1W and 2W are on the southern boundary of Stages 1 and 2, adjoining the existing Werrington Country residential area.

 

The site is generally flat due to bulk earthworks completed under DA14/1228. There is no vegetation currently on the site, as all vegetation was cleared under the bulk earthworks development application. The temporary earthworks bund constructed along the southern boundary where it adjoins existing Werrington County dwellings is set to be removed as part of those earthworks and does not form part of this application. DA15/0299 and DA15/1216 also approved minor adjustments to the finished levels for the Stage 1 and Stage 2 land. These adjustments included grading to reflect road levels and lot layouts. The Site has therefore already been cleared and graded, and the roads constructed.

 

The site is burdened by a draft easement along its southern boundary that is 4m in width and is for the purposes of a recycled water main and a sewer main owned and operated by Sydney Water.

 

The site is also adjacent to a TransGrid operated transmission lines and its associated 70m wide easement that runs along the western boundary.

 

Background - Southern Boundary Encroachments

In 2017 Lendlease undertook some survey work along the boundary of the St Marys Central Precinct to confirm the correct boundary location of their landholdings. During this process, it was confirmed that there are inconsistencies between the property fences and the legal property boundary. Namely, the southern boundary fencing of the St Marys Central Precinct which directly adjoins residential properties located in Werrington County.

 

As a result, several adjoining landowners in Werrington County have constructed structures over the boundary on Lendlease owned land. These encroachments generally breach the boundary by up to 70cm and range from small home improvements such as sheds and garden features, with a few instances of larger items such as an above-ground pool.

 

In order to rectify these matters, the developer is working with all affected residents to progress the land transfer to rectify the boundary encroachments without requiring the adjoining residents to relocate any structures. The land affected by the encroachments is proposed to be established as residue lots and subdivided through a separate Development Application process and transferred to Werrington County landowners, allowing Lendlease to continue to develop their land while the transfer process continues.

 

Proposal

The proposed subdivision includes the following:

·    Subdivision of Stage 1W being Lots 1183 and 1184 in DP1215092 (approved under DA 15/0299) and Stage 2W being Lot 1999 in DP1215092 (approved under DA 15/1216), to create:

-     67 residential lots, ranging in size from 300m² to 1765m²;

-     boundary adjustments to 2 open space lots (Lot 1436 and Lot 1437) along the southern boundary;

-     realign the boundary of the approved lots adjoining Road 03, being proposed lots 1437 and 1436; and

-     3 residue lots (proposed lots 1462, 1463 and 1438).

Lot 1438 will be subject to a separate DA for its proposed landuse.

Lot 1463 being 396m² and Lot 1462 being 147.8m² are 0.6m wide and will be further subdivided in the future and amalgamated into adjoining Werrington County lots to rectify encroachments.

 

·    Grading of the site for final residential lots, landscape shaping, boundary interfaces and roadway levels;

·    Road reserve landscaping; and

·    Extension/augmentation of services and stormwater drainage infrastructure, as required.

Planning Assessment under the Environmental Planning and Assessment Act 1979

The development has been assessed in accordance with the matters for consideration under Section 79C and 91 of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and having regard to those matters; the following issues have been identified for further consideration.

 

Section 91 - Integrated Development

The application is nominated integrated development requiring approvals from the Department of Primary Industries - NSW Office of Water and NSW Rural Fire Service. The subdivision plans were referred to RFS with a revised Bush Fire Safety Authority issued on 15 December 2017, raising no objection to the proposal subject to conditions. The application was referred to the NSW Department of Primary Industries – Water as “Integrated Development”, however the response received from NSW Department of Primary Industries – Water on 17 January 2018 confirmed that the approval is not required in this instance.

Section 79C(1)(a)(i)The Provisions of any Environmental Planning Instrument.

Sydney Regional Environmental Plan No. 20 ­ Hawkesbury/Nepean River

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (REP 20) integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The stormwater drainage system is consistent with the relevant planning policies and strategies relating to water quality and quantity. A standard condition for the provision and maintenance of erosion and sediment control measures detailed in plans submitted with the application.

Sydney Regional Environmental Plan No. 30 ­ St Marys

As assessment has been undertaken of the application against relevant criteria within Sydney Regional Environmental Plan No. 30—St Marys (SREP 30) and the findings of the assessment are outlined below.

 

Permissibility

The land subject of this application is wholly zoned Urban in accordance with clause 36 of SREP 30. The proposal is consistent with the objectives for the Urban Zone as it will ensure that the zone is primarily used for residential purposes and associated facilities.

 

Clause 20 - Development consent restrictions

In accordance with Clause 20, this application is assessed against the performance objectives and zone objectives of SREP 30, the Planning Agreement, Central Precinct Plan (CPP) and Development Control Strategy (DCS). The applicant has demonstrated that the proposal is compliant with the performance objectives as outlined in Part 5 of the SREP as discussed in this report.

The SREP also provides the following additional requirements:-

"2) Consent must not be granted for development within a precinct unless:

(a) there is a precinct plan for the precinct and the consent authority has taken that precinct plan into account, and

(b) the consent authority has taken into account whether the proposed development is consistent with the terms of any relevant development agreement."

 

The proposal has been considered against the precinct plan and it is considered that the proposal is consistent with the plan and the terms of the development agreement. While it is acknowledged that the agreement requires infrastructure works at certain intervals during the precinct development, compliance with this agreement and precinct wide traffic modelling is being separately pursued and is not affected by the current subdivision as the density yield proposed is generally consistent with that identified for this portion of the precinct and the current Amendment No. 1 proposed.

 

Amendment No.1 to the CPP was reported to Council in December 2017. This amendment seeks changes to the yield across the site and was supported subject to NSW Government Flood Evacuation advice. The proposal is consistent with this amendment and a recommended condition reflects Council’s resolution.

 

Clause 23 Air Quality

To ensure the air quality impact assessment criteria can be achieved, it is recommended that a Construction Environmental Management Plan (CEMP) is prepared and submitted for Council’s approval prior to the commencement of works. The CEMP is to include details of appropriate environmental management practices and controls to be implemented on the site to address the potential environmental issues associated with the proposed subdivision. Subject to compliance with the recommended condition, the performance objective to minimise adverse impact on the air quality can be achieved.

 

Clause 28 - Watercycle

The Central Precinct is relatively flat following earthworks and predominantly undeveloped and is traversed by a number of watercourses. It is anticipated that the likely impacts of the proposal on the existing site drainage will be connected to the following:

·    Impact on the downstream water quality due to pollution and sedimentation; and

·    Increasing flooding impacts on the upstream and downstream environment.

 

To address the stormwater quantity and stormwater quality issues, the applicant has incorporated the following in a Preliminary Stormwater Management System that accompanies the Development Application:

·    Provision of a number of dry bio­infiltration basins, a riparian corridor and a drainage reserve to manage the collection and flow of stormwater. The capacity of the basins has taken into consideration the stormwater flows resulting from the proposed development and future built development; and

·    Reduction of post­development pollutant loads to maintain and/or improve the quality of stormwater flowing onto the adjoining catchment.

 

Details of erosion and sediment control measures have also been incorporated into the Erosion and Sedimentation Control Plans submitted with the application and they include:

·    Utilisation of a paved temporary construction entry/exit point;

·    Provision of temporary drains and diversion banks to maintain non­erosive velocities and direct runoff to temporary sediment trapping structures;

·    Provision of filters to all downstream locations;

·    Diversion of runoff from disturbed areas to temporary sediment basins;

·    Progressive re­vegetation during construction staging; and

·    Positioning diversion banks upstream of stockpiles.

 

It is therefore considered that the applicant has satisfactorily addressed the requirements of Clause 28 of the SREP particularly in relation to erosion and sediment measures and minimisation of the adverse impact on water quality and collection of gross pollutants from entering watercourses.

 

Clause 44 - Consultation with National Parks and Wildlife Service (NPWS)

In accordance with Clause 44(2) of the SREP, this application was referred to NPWS for consideration of the proposed subdivision.

 

In response, NPWS has provided comments dated 19 October 2017 raising no objection to the proposal, subject to Council considering the following:

 

·    Ensure appropriate setbacks are provided to the Park boundary/ residential interface and where possible the development area should be bunded by a road or open space.

·    All civil structures related to boundary roads such as batters, fences and drains must be constructed outside the Park boundary.

·    Minor temporary construction works and access to facilitate the erection of retaining walls along the precinct boundary can occur subject to Lend Lease liaising with NPWS prior to works commencing to ensure both parties agree to the design and method of construction.

·    A preference for all stormwater runoff to be managed off-Park. However, stormwater drainage works can occur within the Park subject to appropriate environmental assessment, liaison, easement requirements and agreement to the with NPWS prior to work commencing.

·    Minimising potential boundary encroachments.

 

The proposed subdivision includes the provision of roads reserve areas that interface with the Regional Park. Matters raised in relation to the construction of works within the Regional Park, Stormwater works and encroachments within the Regional Park have been addressed through the inclusion of recommended conditions of consent.

 

Clause 49 & 50 - Filling and Flood Management

In accordance with Clause 49(1) of the REP, the applicant sought approval for filling of land in order to raise the level of the site to facilitate future development of the Central Precinct (DA14/1228). The Bulk Earthworks DA as approved will raise the ground levels of future lots above the minimum 500mm above the predicted 1 % AEP South Creek water surface profile.

 

Clause 51 Salinity and highly erodible soils

A preliminary analysis of the site’s geotechnical conditions and groundwater properties was undertaken by SKM for the preparation of the Central Precinct Plan (CPP). The preliminary analysis noted salinity of the soil and salinity remedial activities, including filling, will reduce the potential for surface salinisation. In accordance with the findings of the preliminary analysis, the CPP has incorporated appropriate management measures for future planning of the site and these measures include:

·    Constructing the base of the embankment with free­ draining rock fill;

·    Shaping the filled landform as a cambered embankment to shed water rapidly and direct the runoff into graded natural water; and

·    Lining all basins and swales with an impermeable liner to prevent infiltration into groundwater.

 

To minimise the adverse environmental and economic impacts caused by soil constraints and to ensure compliance with SREP 30, it is recommended that the above management measures and the Water Soils and Infrastructure Report of the CPP be reinforced by way of a condition.

 

Clause 52 – Tree Preservation

The proposed subdivision does not require tree removal. The bulk earthworks Development Application (DA14/1228) included the clearing of virtually all vegetation.

 

Council’s Landscape Architect Officer has reviewed the proposed development in relation to the interface with the Regional Park and no objection is raised to the proposal. The provision of street trees throughout the proposed development site and are considered appropriate in context of the subdivision.

St Marys Central Precinct Plan and Development Control Strategy (CPP and DCS)

The proposed subdivision has demonstrated compliance with the CPP and DCS in relation to

·    urban structure and major land uses

·    subdivision layout

·    conservation of natural values

·    water cycle and soils

·    sustainability

·    infrastructure and services

·    street types.


Section 4.3 Future Character Areas
The development proposal extends across two different character areas being the Urban Area/Neighbourhood Character Area and Bushland Edge. The layout of the subdivision and the varying range of lots are considered to be consistent with the character areas detailed within the Development Control Strategy. Strong links to the regional park and tree lined streets are accommodated, and a variety of sizes of lots are proposed. Based on the various components of the development proposal as discussed in this report, the development proposal is in accordance with the preceding character area visions.


Section 4.5 Dwelling Density
The Central Precinct Plan and accompanying Development Control Strategy identify the Stage 2 subdivision being located within Village 3 which has an indicative density target of approximately 330 dwellings.

Clause 30(6) of SREP 30 outlines that the overall net neighbourhood density target for the St Marys site is to achieve at least 15 dwellings per hectare. The proposed subdivision will have a dwelling density exceeding 15 dwellings per dwelling (approximately 22 dwellings per hectare).

The cumulative yield is marginally in excess of the total overall yield proposed in the current CPP Dwelling Yield Plan which proposes 970 dwellings. It is consistent with the CPP Amendment No.1 which proposes a revised yield of 1,407-1,577 dwellings. Accordingly, whilst the proposed subdivision will marginally increase the cumulative yield of the Central Precinct, it remains consistent with the overall desired future character for the Precinct established by the CPP Amendment No.1.


Section 4.10 Bushfire Measures
The land in the Central Precinct of the St Marys Release Area is bushfire prone. The application has been accompanied by a Bushfire Protection Assessment which provides a review of the subdivision proposal in relation to the measures contained in the Bushfire Protection Assessment adopted by Council as part of the Central Precinct Plan.

The NSW Rural Fire Service (RFS) has assessed the development proposal and has issued a Bush Fire Safety Authority on 15 December 2017 for the proposal pursuant to the Rural Fires Act 1997, subject to General Terms of Approval (GTAs). The conditions would ensure that the proposed subdivision is compliant with Section 100B of the Rural Fires Act 1997, Clause 44 of the Rural Fires Regulation 2008, and ‘Planning for Bushfire Protection 2006’ (RFS 2006).

Section 5B Built Form and Housing
The plan of subdivision has demonstrated compliance with the CPP and DCS in relation to:

·    The proposed subdivision, with lot size varying from 300m² to 1765m² (residue lot) is compliant with the minimum lot size for detached housing.

·    The proposal is compliant with the minimum criteria for lot width and depth as outlined in Table 4 of the Development Control Strategy.

·    Provision has also been made for easement for access and maintenance for narrow allotments.

 

Section 79C(1)(a)(iiia)The Provisions of any Planning Agreement

 

Penrith City Council, St Marys Land Limited and Lend Lease Development entered into a Planning Agreement in May 2009. The St Marys Penrith Planning Agreement has provisions for open spaces, transport, human services and infrastructure works for  the St Marys Development Site and was based on an approximate dwelling yield of 970 for the Central Precinct.

 

In 2016, Lendlease proposed an increase in the number of dwellings from 970 to 1400 (through an amendment to the DCS), which required a re-evaluation of the open space, community facilities and associated infrastructure required by the future community. As such, a revised Development Agreement with Council is currently being considered and finalised.

 

It is noted that this application will take the current approved lot yield for the Central Precinct to 1012. Despite the small increased in density, the proposed development aligns with the adopted DCS. It is envisaged that the DCS and amended Deed of Agreement will be finalised over the coming months. An advisory condition of consent will be imposed to capture any requirements.

 

In addition, a State Development Agreement (State Deed) was entered into between the land owner and developer and the NSW Government.  The State Deed specifies a series of obligations to be provided relating to the Regional Park.

 

An agreement has also been made between NPWS and Lend Lease with regards to contributions towards various embellishments of the Regional Park. This agreement includes commitments with fencing, access, and the urban-Regional Park interface.

 

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

Noise and Dust

The subject land includes an earth mound that was constructed for acoustic purposes as part of the bulk earthworks approved under DA14/1228. A Construction Environment Management Plan (CEMP) was approved as part of DA14/1228 which includes a specific noise and vibration management sub-plan. That sub-plan states that “the acoustic mound will remain in place until works (both bulk earthworks and the future civil subdivision works) are completed …..and that it can be demonstrated through acoustic modelling that the noise impacts associated with the bulk earthworks and civil works does not require the acoustic mound to mitigate the impacts on existing receivers”. The CEMP also states that “upon confirmation that the acoustic mound is no longer required, the mound will be demolished. The material forming the mound will be distributed to a suitable fill location within the Central Precinct site”.

The Bulk Earthworks Development Application (DA14/1228) included extensive investigations in relation to the noise and dust impacts associated within the substantial filling of the site to protect the residential amenity of the surrounding development.

The applicant has committed to continuing the noise mitigation measures within this subdivision. It is envisaged that the noise generation from the subdivision works will be significantly less than those associated with the bulk earthworks, hence the continued implementation of noise attenuation measures is considered to be appropriate to protect the amenity of the residents within Werrington County.

A recommended condition requires a detailed Construction Environmental Management Plan be provided prior to the commencement of works that will address the recommendation included within the 'Central Precinct - Bulk Earthworks: Project Application Noise & Vibration Assessment' report prepared by Wilkinson Murray dated September 2014 (Report No. 14145-N, Version B) and the correspondence prepared by Cardno Limited dated 9 February 2015 titled "Central Precinct, St Marys - DA14/1228 Response to Council Concerns Regarding Noise and Air Quality (Ref. 89914020)".

Furthermore, construction works will be restricted to between 7am and 6pm Monday to Friday and 7am to 1pm Saturday, if audible at neighbouring residential properties, otherwise 8am to 1pm. An appropriate condition has been included within the recommendations of the report.

 

Engineering Design

Council’s Engineer has reviewed the proposal and raises no objection, however requests that in order to increase areas for on street parking and bin collection, the maximum width of a double driveway shall be 4.5m. This is consistent with recent advice for Stages 3B1, 4A & 4B.

The existing kerb & gutter constructed as part of Stage 1 and Stage 2 subdivision works will be removed and reconstructed with the new laybacks and kerb outlets. All lots are able to drain to the street with the exception of the eastern lots in the cul-de-sac which are serviced by an inter-allotment drainage system.

As requested by Council, the lots adjoining the bus only link have been rationalised so as the north-south boundaries align with the existing lot boundaries in Werrington County.

 

Easements & Stormwater
With regards to the proposed easement to benefit Sydney Water assets along the southern boundary, access will be available from new 0.9m wide access and maintenance easements along the side boundaries of a number of the proposed lots.

A 'Proposed Easement for Sewerage Purposes and Recycled Water Purposes 4m Wide and Variable' is currently registered over the existing lot under DP1217532. A further 'Proposed Easement for Sewerage Purposes and Recycled Water Purposes 7m Wide and Variable' over the existing lot appears to have been registered under DP1156429. The plan of subdivision proposes to replicate the proposed easement 4m wide and variable registered under DP1217532.

 

The development falls within the previously approved Stages 1 and 2 of the Jordan Springs Central Precinct. The stormwater quality management infrastructure proposed for Stage 1W and Stage 2W is consistent with the strategy in the Jordan Springs East Precinct Stormwater Quality Management Report. Rainwater tanks will be provided on all residential lots in Stage 1W and Stage 2W. Treatment of stormwater runoff will occur as per the overarching strategy for the East Precinct. A review of the documentation indicates the proposed stormwater treatment measures are consistent with the approved Stormwater Management Strategy for the development.

 

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

The site is suitable for the proposed development for the following reasons:

·    The site is zoned to accommodate the proposed development in accordance with SREP 30;

·    The site will be suitable for subdivision at the completion of bulk earthworks;

·    The potential environmental impacts of the proposal on the site and the surrounding areas can be mitigated through implementation of appropriate mitigation measures;

·    The site will be adequately serviced by roads, utility services and stormwater infrastructure;

·    The proposal is consistent with the St Marys Central Precinct Plan; and is zoned for low density residential development and local neighbourhood business uses;

·    Following the Bulk Earthworks DA (DA 14/1228) lots will be above the predicted 1 % Annual Exceedance Probability (AEP) for the South Creek water surface profile;

·    The site is within close proximity of the future Central Precinct Village Centre and with access to the existing Jordan Springs Town Centre;

·    The land has utility services available to support development; and

·    The site is adjacent or within close proximity to high quality open space areas within the Regional Park, future Regional Open Space and later the Riparian Corridor /Parkland.

 

Section 79C(1)(d)Any Submissions

Public Submissions

The development application was advertised in local newspapers, exhibited and notified to adjoining property owners and occupants for thirty (30) days in accordance with the EP&A Act and EP&A Regulation. The notification period was 20 October 2017 to 20 November 2017. Council has received twenty-one individual submissions, one indicating it is on behalf of fifty landowners and a petition which contains ten signatures.


The following issues were raised in the submissions received and have formed part of the assessment.

 

Issue

Comments

The issue of the fence line needs to be resolved before considering the subdivision.

 

The applicant is working with all affected residents to progress the land transfer. They have advised that the steps in the land transfer process are as follows:

 

•    DA17/0919 will create the 68 residential allotments including 3 super lots along the boundary interface between Werrington County and the project land that will be the subject of a land transfer process with the adjoining owners.

 

•    Lendlease proposes to obtain landowner consents from all landowners to enable the lodgement of a Boundary Adjustment DA on the 3 super lots that will align the Werrington landowner property boundaries to the proposed new boundary as specified in DA 17/0919.

 

•     On approval of the boundary adjustment DA, Lendlease will work with landowners to formalise the land transfer and amend property titles.

 

Resolution of the land transfer is a time consuming

process given the number of parties involved.

 

Mass housing now proposed on land that Lend Lease promised would be a buffer and never built upon.

The land along the Werrington boundary

interface is also zoned Urban, with the proposed development permissible. The Open Space Master Plan for the precinct did not envisage a green corridor in this location. In addition, it is noted that the land is zoned Urban.

 

Damage has been caused to adjoining dwellings during construction, including earthworks, and not yet rectified, as well as noise, dust, dirt and vibration impacts.

 

The applicant commissioned a consultant to prepare property condition reports for all homes along the Werrington interface in 2015 prior to the commencement of bulk earthworks. A follow up report is to be engaged in early 2018 to determine if any damages have been caused as a

result of the earthworks undertaken under DA 14/1228. On receipt of the findings the applicant will manage the response on a case by case basis.

 

Traffic impacts from existing traffic issues and new housing.

 

The applicant has undertaken traffic and transport studies and as an outcome, the applicant and Penrith City Council have agreed a scope of works that will off-set the cumulative impacts of the St Marys Development Site on the existing road network. The nominated scope of work is

contained within the updated Deed of Agreement currently being finalised between Penrith City Council and Lendlease.

Further, the proposed road linking the Central Precinct with Werrington County is a ‘Bus Only’ route. No vehicular access other than buses will be allowed to use this road connection.

 

Industrial sized sewage infrastructure runs through the lots, with no room for the dwellings and likely future damage.

 

The applicant has advised that the pipeline was constructed in 2010 by Sydney Water and runs along the Werrington boundary interface with the Central Precinct. An easement is being created over the pipework and Sydney Water has requirements regarding dwellings near the infrastructure, which must be adhered to.

Requests that the Regional Park be extended down behind the houses in Elder Place and Warburton Crescent.

Extension of the Regional Park behind the houses is not consistent with the planning for the area and a small strip is also not ideal from an urban planning and maintenance perspective.

Requests the dwellings to be single storey only.

 

It is unreasonable and unnecessary to restrict the height of dwellings on the proposed lots. Given the easement, a setback of approximately 5.5m is expected, which exceeds Council’s normal rear setback controls and provides greater separation and privacy. This aspect will be assessed under separate development applications for dwellings.

Requests public meeting and determination by elected Councillors.

 

The applicant invited all landowners who interface with DA17/0919 to an information session which was held on the 5th December 2017. Residents were given an opportunity to raise any concerns they had in relation to the boundary adjustment and the fence. Following this information session, Lendlease issued a follow up letter to all residents which included responses to frequently asked questions.

Residents indicated they have been lied to about this site.

 

This comment is unable to be substantiated and is not a consideration under Section 97C of the Environmental Planning & Assessment Act, 1979. The proposed subdivision is in accordance with the planning controls for the area.

Community Consultation - Lendlease

Following Councils notification processes, Lendlease engaged in a separate community consultation process to discuss the concerns raised through submissions with affected landowners. A drop-in information session was held by Lendlease on 5 December 2017 and was attended by 25 residents. A follow-up letter was prepared by Lendlease and distributed to affected landowners outlining the process for future subdivision and land transfer.

 

As an alternative and in order to facilitate the timely delivery of this land to affected residents, it is recommended that the developer prepare an amended plan of subdivision for the two residue lots (Lot 1463 & Lot 1462) for consideration and approval by Council as part of the Subdivision Certificate package. It is intended that the amended plan would create a series of small lots consistent with the affected Werrington properties replacing the need for a separate development application process. This has been included as a recommended condition of consent.

 

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

In view of the above assessment, it is considered that the proposal, subject to recommended conditions, will not generate any significant issues of public interest. The matters raised in submissions have been considered and the approach taken by Lendlease to manage the boundary encroachments land transfer process appears suitable given the number of affected landowners.

 

Conclusion

The proposed subdivision is consistent with the desired future character as identified in SREP 30 and the Central Precinct Plan. The site is suitable for the proposal and the development providing opportunities for future housing and infrastructure and is in the public interest.

The proposed development is unlikely to result in any unacceptable impacts on the surrounding environmental conditions and will substantially contribute to the provision of housing for Penrith, aligning with the strategic direction for the area. Where potential impacts have been identified, mitigation measures have been addressed through relevant recommended conditions.

Despite the number of objections raised, the matters raised mainly stem from the issues surrounding the encroachments along the interface with Werrington along the southern boundary. The creation of a residue parcel of land is a practical way forward which allows for the continued delivery of the Jordan Springs estate.

 

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The application is therefore recommended for approval subject to recommended conditions of consent.

 

RECOMMENDATION

That:

1    The information contained in the report on Development Application DA17/0919 Stage 1W & 2W - Torrens Title Subdivision into 67 x Residential Lots, 2 x Open Space Lots and 3 x Residue Lots & Associated Works at Lot 1998 DP1220914, Lot 1999 DP 1220914, Lot 1185 DP 1215092 and Lot 1184 DP 1215092 Armoury Road, Llandilo NSW 2747 be received.

2    Development Application DA17/0919 Stage 1W & 2W - Torrens Title Subdivision into 67 x Residential Lots, 2 x Open Space Lots and 3 x Residue Lots & Associated Works at Lot 1998 DP1220914, Lot 1999 DP 1220914, Lot 1185 DP 1215092 and Lot 1184 DP 1215092 Armoury Road, Llandilo NSW 2747 be approved subject to the following conditions of consent:

 

2.1 Standard Conditions

A001 – Approved Plans

A041 – Asset Protection Zones

B004 – Dust

B005 – Mud/soil

C003 – Uncovering Relics

D001 – Implement approved erosion and sediment control measures

D006 – No filling without prior approval

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

G001 – Installation of Services and Service Clearances

G006 – NBN connection

H001 – Stamped plans and erection of site notice

H002 – During construction requirements

H041 – Hours of work

K101 – Works at no cost to Council

K201 – Infrastructure bond

K203 - S138 Roads Act – Works and Structures

K206 – Construction Certificate for Subdivision works

K209 – Stormwater Concept Plan

K224 – Construction Traffic Management Plan

K225 – Bus Stops

K302 – Traffic Control Plan

K303 – Matters to be Addressed Prior to Commencement of Subdivision works

K404 – Soil Testing

K405 – Turf to verge

K502 – Completion of Subdivision Works

K509 – Line marking & Signage

K515 – Maintenance Bond

K516 – Subdivision Compliance Documentation

L001 – Landscape approved plans

L002 – Landscape construction

L003 – Landscape report requirements

L005 – Planting of plant material

L006 – Landscape AS requirements

M001 – Prior to Subdivision Work

M005 – Fencing of Lots

M008 – Linen Plan

M009 – 88B Instrument

M014 – Surveyors Certificate

Q01F – Notice of commencement and appointment of PCA

Q008 – Subdivision Certificate

2.2     Special Conditions

2.2.1         The works approved as part of this consent are to be undertaken in conjunction with and in response to the works approved and conditions imposed as part of DA14/1228 – Bulk Earthworks.

2.2.2         The development is to comply with the requirements of the National Park and Wildlife Service (NPWS) dated 31 December 2015 being:

 

(a)  All civil structures related to boundary roads such as batters, fences, and drains must be constructed outside the Regional Park boundary. In the event that works are required to be undertaken within the Regional Park, consultation and agreement with NPWS is to be achieved prior to such works commencing.

(b)  Minor temporary construction works and access to facilitate the erection of retaining walls along the precinct boundary can occur subject to Lend Lease liaising with NPWS prior to works commencing to ensure both parties agree to the design and method of construction.

(c)  All stormwater runoff, where possible is to be managed outside of the Regional Park. However, stormwater drainage works can occur within the Park subject to appropriate environmental assessment, liaison, easement requirements and agreement with NPWS prior to works commencing.

(d)  Minimising potential boundary encroachments to the Park.

 

2.2.3    The soil salinity management measures outlined in the Water, Soils and Infrastructure Report prepared by SKM dated May 2009 for the Central Precinct Plan and the Central Precinct, St Marys - Salinity Assessment Review prepared by Cardno dated 9 December 2014 shall be considered and implemented.

2.2.4    The following existing plans and impact mitigation strategies prepared as part of the Central Precinct Plan 2009 are to be implemented:

(a)  Central Precinct Weed Management Plan (Cumberland Ecology, 2008);

(b)  Central Precinct Feral and Domestic Animal Management Strategy (Cumberland Ecology, 2008);

(c)  Central Precinct Bushfire Management Plan (BES, 2008); and

(d)  St Mary's Macrofauna Management Plan (Cumberland Ecology, 2005).

2.2.5    Prior to the issue of the Construction Certificate, a Construction Environmental Management Plan (CEMP) addressing all subdivision works is to be prepared by a suitably qualified person and submitted to Council for approval. If Council is not the certifying authority, a copy of Council’s approval is to be provided to the Principal Certifying Authority.

 

The CEMP is to address the environmental aspects of the development and is to include details on the environmental management practices and controls to be implemented on the site. The CEMP is to address, but is not limited to the following:

(a)  Noise control and hours of operation - with particular consideration given to the recommendations included in Section 4.3, 4.4 and 4.5 of the 'Central Precinct - Bulk Earthworks: Project Application Noise & Vibration Assessment' prepared by Wilkinson Murray dated September 2014 (Report No. 14145-N, Version B) and the correspondence prepared by Cardno Limited dated 9 February 2015 titled "Central Precinct, St Marys - DA14/1228 Response to Council Concerns Regarding Noise and Air Quality (Ref. 89914020)" and the requirements relating to the removal of the earth mound.

(b)  Air quality management (including dust suppression) - with particular consideration given to the recommendations included in Section 9 of the 'Central Precinct Fill Placement: Air Quality Impact Assessment' prepared by Wilkinson Murray dated September 2014 (Report No. 14145-A, Version C) and the correspondence prepared by Cardno Limited dated 9 February 2015 titled "Central Precinct, St Marys - DA14/1228 Response to Council Concerns Regarding Noise and Air Quality (Ref. 89914020)".

(c)  The CEMP is to specify noise and air quality performance criteria; any expected exceedance margins and their frequencies.

(d)  The CEMP is to provide for weekly reporting to Council of monitoring results, identification of any exceedance and performance criteria and responsive measures where needed. Provision is also to be made for a complaints hotline.

(e)  Water quality management.

(f)  Waste management.

(g)  Community consultation and liaison with Werrington Residents including land transfer processes and the replacement of boundary fencing.

(h)  Incorporate a program for regular monitoring at sensitive receivers (particularly noise and air monitoring) throughout the development works, along with a review of procedures with consideration of the findings of this monitoring.

The approved CEMP is to be implemented and adhered to during all development stages.

2.2.6    Prior to the issue of a Subdivision Certificate, is an amended plan of subdivision (over the proposed Residue Lots 1463 and 1462) is to be submitted for consideration and approval by Council in order to better facilitate the land transfer offered to adjoining Werrington residential land owners.

2.2.7    The land is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Central Precinct are to be met. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended and the applicant is to provide documentation to Council demonstrating the terms of the Planning Agreement have been met to Council’s satisfaction prior to the issue of Subdivision Certificate.

2.2.8    Prior to the issue of Subdivision Certificate the amended Precinct plan is to be adopted by Council in accordance with Council’s resolution of 18 December 2017.

3    Those individuals who made a submission be advised of Councils decision.

 

 

ATTACHMENTS/APPENDICES

1.

Locality Map

1 Page

Appendix

2.

Subdivision Plans

5 Pages

Appendix

  


Ordinary Meeting                                                                                                         26 February 2018

Appendix 1 - Locality Map

 

PDF Creator


Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 26 February 2018

Appendix 2 - Subdivision Plans

 


 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

3        Roads and Maritime Services (RMS) 2017/18 Road Funding Grants                            31

 

4        Roads and Maritime Services (RMS) 2017/18 REPAIR Program (Rehabilitation) Road Funding Grant                                                                                                                  33

 

 

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

3

Roads and Maritime Services (RMS) 2017/18 Road Funding Grants   

 

Compiled by:               Hans Meijer, City Assets Manager

Patrick Robles, Management Accountant

Authorised by:            Hans Meijer, City Assets Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Maintain the City's roads and pathways

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2017/18 Road Funding Grants. RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related matters.

 

The report recommends that Council accepts the grants offered.

Background

RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related issues.

 

Advice has been received from RMS of the following grants for 2017/18:

 

Regional Road (block grants)

 

The Regional Road Block Grant is made up of the following components:

-     Road component: Allocated to maintenance work on Regional Roads. The allocation for 2017/18 has been indexed by RMS at 1.9% above the 2016/17 allocation amount;

-     Supplementary Road Component: This is available for road works, as determined by Council, on regional roads. In 2016/17 this component is allocated to the Rural Roads Widening Program for the resurfacing of Castlereagh Road, Castlereagh (continuing 400m from works completed in 2016/17) and was included in the adopted 2017/18 Operational Plan. This allocation is not indexed and is the same as the amount allocated in previous years;

-     Traffic Facilities Component: For the installation and maintenance of regulatory signs and lines on local and regional roads. The allocation for 2017/18 has been indexed by RMS at 1.9% above the 2016/17 allocation amount.

 

RMS advises that the following 2017/18 Program Funding is available to Council:

 

Regional Roads

2017/18

Basis of grant

Block Grant- Road Component

$519,000

100%

Block Grant – Supplementary Road Component

$156,000

100%

Block Grant – Traffic Facilities Component

$471,000

100%

Total allocation to Penrith City Council:

$1,146,000

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2017/18 Road Funding Grants be received.

2.    The RMS 2017/18 Program Funding Block Grant of $1,146,000 be accepted.

3.    The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2017/18”.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                            26 February 2018

 

 

 

4

Roads and Maritime Services (RMS) 2017/18 REPAIR Program (Rehabilitation) Road Funding Grant   

 

Compiled by:               Hans Meijer, City Assets Manager

Patrick Robles, Management Accountant

Authorised by:            Hans Meijer, City Assets Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Implement the road asset renewal program

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2017/18  REPAIR Program Road Funding Grant. RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.

 

The report recommends that Council accepts the grant offered.

Background

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

 

Advice has been received from RMS of the following grant for 2017/18:

 

Regional Road (REPAIR program)

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

 

2016/17:     $300,000

2015/16:     $300,000

2014/15:     $300,000

2013/14:     $404,106

2012/13:     $300,000

2011/12:     $250,000

 

RMS has advised that Council has been successful in achieving the maximum amount of $300,000 in the 2017/18 REPAIR Program. The allocation consists of $300,000 toward the reconstruction of Dunheved Road between Tasman Street and Greenbank Drive, Cambridge Gardens.

 

Council has the matching funds available and both of these locations were listed in the road reconstruction program, adopted as part of the Operational Plan at the Ordinary meeting on 26 June 2017.

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2017/18 REPAIR Program (Rehabilitation) Road Funding Grant be received.

2.    Council accept the grant of $300,000, offered under the 2017/18 Roads and Maritime Services REPAIR Program, for the reconstruction of Dunheved Road between Tasman Street and Greenbank Drive, Cambridge Gardens.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

5        Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith                  37

 

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

5

Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith   

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Ezekiel Meares, Project Officer - Capital Works

Authorised by:            Wasique Mohyuddin, Acting Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Manage the delivery of Council's major capital projects

      

 

Executive Summary

Tender Reference 17/18-12 for the Construction of High Street Stage 1, Penrith, was advertised in the Western Weekender on 14 December 2017 and Sydney Morning Herald on 19 December 2017. The tender closed on 7 February 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from CA&I Pty Ltd be accepted for the full scope of works outlined in RFT 17/18-12 for the Construction of High Street Stage 1 Project for a total amount of $6,017,236.00 (excluding GST).

Background

The work to be performed under RFT 17/18-12 is located in High Street and Riley Street Penrith and is a city-shaping project, with many benefits for Penrith and the community.

 

The works involve an upgrade to the public domain and the following key features: stormwater drainage upgrade, new footpath paving, tree planting, hedges and other landscaped garden beds, street furniture, new street lights to critical areas and the upgrade of traffic signal at High Street and Station Street intersection. The works also incorporate three Linear Plazas (footpath extensions) for additional seating and outdoor dining opportunities.

Work on Private Land

There is a small number of entry thresholds to shops that require a continuation of paving onto private land (approximately 22m2). These will ensure pedestrian safety and appropriate material transition to the building entries. 

 

There is also a strip of private land along the Riley St building frontage on the west side, associated with the relevant adjacent properties (approximately 115m2). Irrespective of the ownership of portion of land in front of each shop front, the public perceives the area as part of the public domain.  This section is part of the existing footpath width and is required to be paved as part of the new works to ensure public access of an appropriate width along the street.

 

The pavement works are proposed to be undertaken by Council at no charge to the individual property owners so that the public domain area will then have a consistent presentation. Property Owners will be formally notified of the resolution of Council to undertake these works on private land and any objections, if received, will be addressed via negotiation in the first instance.  Detailed reporting of the expenditure per privately owned property will be made in accordance with the provisions of the Local Government Act in Council’s Annual Report.

 

Affected businesses have been informed of the extent of works. Authorisation from Council is required to enable works on private land. Tender price includes these works.

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Wasique Mohyuddin - Acting Design and Projects Manager, Matthew Buckley - Major Projects Coordinator, Karin Schicht - Landscape Architecture Supervisor and Ezekiel Meares - Projects Officer.


The Tender Evaluation Committee was supported by Laura Stott- Supply Officer Contracts,

Allyce Langton- Acting Assistant Supply Officer and Bill Stanley - Procurement and Contract Management Specialist. Glenn McCarthy - Governance Manager acted as a Probity Officer during the tender evaluation process. 

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Work Health & Safety

·    Demonstrated Ability

·    Business References

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance and Environmental Management Systems

 

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).

 

Company

Tendered Price

Company Location

Directors

CA&I Pty Ltd

$6,017,236.00

Chippendale NSW

Sean Woellner

Scott Williams
Bob Matchett

Starcon Group

$6,175,002.00

Smithfield NSW

Ty Nguyen

Tallis Civil Pty Ltd

$6,209,274.00

Pendle Hill NSW

Michael Fitzgerald

Quality Management & Construction Pty Ltd

$6,275,000.00

Bella Vista NSW

Steve Commisso

CPL Civil Contracting

$6,479,028.00

Newington NSW

Phillip Cladis

J Holdings Group Pty Ltd

$6,626,900.00

Emu Plains NSW

Spiros Sam Apokis

Mack Civil Pty Ltd

$6,681,304.79

Peakhurst NSW

Karim Mahmoud

Rainbow Group

 

$9,597,876.00

 

Padstow NSW

Tony Di Mattia

David Pitcher

 

CPL Civil Contracting provided insufficient responses to evaluation criteria and the tender submission was deemed noncomplying and was not included in the assessment.

 

Rainbow Group tender price was well above the available budget and was not included in the assessment.

 

All other tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

The tender received from CA&I Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of both effectiveness and price.

 

The recommended company, CA&I Pty Ltd 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.

 

CA&I Pty Ltd has delivered numerous projects of similar nature and are currently engaged by Penrith City Council on other projects. Council’s Project Management team is satisfied with their performance in relation to community, safety and environmental management and reference checks have also returned positive feedback.  

 

Lighting and associated art works is a schedule of rates item as an option subject to grant funding approval and CA&I Pty Ltd were also competitive on schedule of rates items with other tenderers.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on CA&I 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 CA&I Pty Ltd to perform the works described.

 

The total tendered price by CA&I Pty Ltd of $6,017,236.00 (excluding GST) is within the available budget.

 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for the Construction of High Street Stage 1, Penrith. The TAG 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 in the opinion that CA&I Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $6,017,236.00 excluding GST. 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith be received.

2.    Council authorise work on private land as required.

3.    CA&I Pty be awarded the Contract subject to the execution of a formal agreement for the Construction of High Street Stage 1, Penrith, for an amount of $6,017,236.00 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

6        Tender Reference 17/18-09 - Design and Construction of Gross Pollutant Traps (GPTs) within Penrith LGA.                                                                                                          43

 

7        Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18 47

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

6

Tender Reference 17/18-09 - Design and Construction of Gross Pollutant Traps (GPTs) within Penrith LGA.   

 

Compiled by:               Mudassar  Fayyaz, Major Projects Coordinator 

Authorised by:            Wasique Mohyuddin, Acting Design and Projects Manager  

 

Outcome

We care about our environment

Strategy

Protect the environment of our City

Service Activity

Provide designs and plans for Council's drainage infrastructure

      

 

Executive Summary

Tender Reference 17/18-09 for the Design and Construction of Gross Pollutant Traps (GPTs) at Three Locations within the Penrith LGA was advertised in the Western Weekender on 30 November 2017 and Sydney Morning Herald on 5 December 2017. The tender closed on 24 January 2018.

 

The scope of work has been reduced from 3 GPTs to 2 GPTs as the quoted prices from all tenderers are higher than the approved project funding. The 3rd GPT construction at Buckland Rd St Clair has been excluded from the project deliverables which will be completed at later date once the funding is available.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Cockerill Contracting Pty Ltd be accepted for the partial scope of works outlined in RFT 17/18-09 for the Design and Construction of Gross Pollutant Traps (GPTs) at Forrester Road, North St Marys and at Ikin Street, South Penrith locations within the Penrith LGA for a total amount of $488,670 (excluding GST).

Background

Penrith City Council is currently in the process of implementing recommendations from a recent audit of Council’s stormwater treatment measures.

 

The works to be performed under RFT 17/18-09 Design and Construction of Gross Pollutant Traps (GPTs) at Three Locations within the Penrith LGA has been divided into 4 separable portions.

 

1.   Preparation of design drawings and specifications for construction of three gross pollutant traps at the following sites within the Penrith LGA

a)   Forrester Road, North St Marys

b)   Buckland Road, St Clair

c)   Ikin Street, South Penrith

 

2.   Construction of Gross Pollutant Trap near Forrester Road, North St Marys

 

3.   Construction of Gross Pollutant Trap near Buckland Road, St Clair, and

 

4.   Construction of Gross Pollutant Trap near Ikin Street, South Penrith.

 

This project is funded through Council’s Stormwater Management Service Charge Reserve.

 

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Wasique Mohyuddin – Acting Design and Projects Manager, Ari Fernando – Major Design and Projects Coordinator, Mudassar Fayyaz – Major Projects Coordinator and Tim Gowing – Senior Water Management Officer.

 

Laura Stott and Allyce Langton from Council’s Procurement team assisted in tender evaluation and performed the role of tender administration and probity for this tender.

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Work Health & Safety

·    Demonstrated Ability

·    Business References

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance and Environmental Management Systems

 

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).

 

Company

Project Budget

Tendered Price

(full scope)

Price for

 

(Reduced Scope)

Company Location

Directors

Cockerill Contracting Pty Ltd.

 

 

 

 

$ 700,000                               

 

 

 

$ 990,200

 

$ 488,670

Box Hill 2765 NSW

Rosina Cockerill

Optimal Stormwater Pty Ltd.

$ 1,129,674

 

$514,242

Chatswood 2067 NSW

Ray Kusturin

TRN Group

$ 899,770

 

N/A

Spring Farm 2570 NSW

Glenn Fordham

 

The tender submitted by TRN Group has been assessed as non-complying due to many critical scope items excluded from pricing and regarded as provisional items resulting in future variations.

 

All other tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

The tender received from Cockerill Contracting Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of both effectiveness and price.

 

The recommended company, Cockerill Contracting Pty Ltd, 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.

 

Cockerill Contracting Pty Ltd has delivered numerous projects of similar nature and are currently engaged by Penrith City Council on another project. The Project Management team is satisfied with their performance in relation to community, safety and environmental management and reference checks have also returned positive feedback. 

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Cockerill Contracting 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 Cockerill Contracting Pty Ltd to perform the works described.

 

With a total approved funding of $700,000 and all offers significantly above that value it’s not conceivable to proceed with rolling out the complete project scope. All 3 GPTs are equally important however excluding separable portion 3 i.e. the GPT at Buckland Rd St Clair which is the most expensive scope item would provide the opportunity to construct 2 GPTs out of 3. The construction of the 3rd GPT at Buckland Rd will be completed at a later stage once the required funds have been secured.

 

The total tendered price by Cockerill Contracting Pty Ltd of $488,670 (excluding GST) for the reduced project scope is within the available budget.

 

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for Design and Construction of Gross Pollutant Traps (GPTs) within the Penrith LGA. The TAG 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 in the opinion that Cockerill Contracting Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for the reduced scope of work for a contract sum of $488,670 excluding GST. 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 17/18-09 - Design and Construction of Gross Pollutant Traps (GPTs) within Penrith LGA. be received.

2.    Cockerill Contracting Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Design and Construction of Gross Pollutant Traps (GPTs) at Two Locations within the Penrith LGA for an amount of $488,670 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.


Ordinary Meeting                                                                                            26 February 2018

 

 

 

7

Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18   

 

Compiled by:               Mylvaganam Senthilvasan, Engineering Coordinator 

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care about our environment

Strategy

Minimise risks to our community from natural disasters and a changing climate

Service Activity

Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

      

 

Executive Summary

This report recommends the acceptance of grant funding being offered by the NSW Government under its Floodplain Management Program 2017/18 for undertaking flood and floodplain risk management studies.

 

Background

The NSW Government’s Flood Prone Land Policy states that the management of flood prone land is primarily the responsibility of councils.  To facilitate this, the State Government has published the Floodplain Development Manual, April 2005 to provide guidance to councils in the implementation of the Policy.  The State Government also provides financial assistance and technical support to local councils for managing their floodplains.

 

Floodplain Risk Management Studies and Plans for various catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains.  To effectively manage the multitude of studies across the LGA, catchment areas have been prioritised to undertake studies and to develop floodplain risk management plans.

 

In April 2017, the NSW Government invited grant funding applications to be considered under the 2017/18 NSW Floodplain Management Program.  Council submitted two (2) applications for the following studies:

 

a)   Nepean River Floodplain Risk Management Study and Plan; and

b)   Emu Plains Overland Flow Flood Study.

 

The NSW Office of Environment and Heritage, manages the grant funding, and has recently advised Council that the above two projects have been approved for funding under the NSW 2017/18 Floodplain Management Program.

 

Grant Funding Offered

The condition of the funding offer (Attachment 1 and 2) is that the offer must be accepted and the funding agreements signed and returned before 6 February 2018 and that the studies must be completed within three years from January 2018.  However, we have now obtained an extension of time to 6 March 2018 for returning the signed funding agreements.

 

The funding offers for flood related studies are generally based on a $2(State): $1(Council) funding ratio as detailed in the Table 1 below.

 

Table 1: Grant Funding Offers

No.

Project Description

Estimated Project Cost

$

Grant Funding Offer

$

Council’s Contribution Required ($)

a.

Nepean River Floodplain Risk Management Study and Plan

510,000

340,000

170,000

b.

Emu Plains Overland Flow Flood Study

496,000

197,333

298,667

TOTAL

1,006,000

537,333

468,667

 

The funding offer also includes a special condition for the Emu Plains Overland Flow Flood Study that states that grants funds should not be used for data collection of pipes of diameter less than 750mm.  This means that additional Council funding contribution (more than the normal one third contribution) is required for the Emu Plains Overland Flow Flood Study to collect the necessary pit and pipe survey data for the technical flood modelling.

 

Financial Implications

Council has allocated a component of its Stormwater Management Service Charge towards its Floodplain Management Program.  Accordingly, Council has the matching funding required to accept the following grant funding offers and the related funding conditions including the special condition No.19 from the NSW Government.

 

Financial Services Manager’s Comment

 

A budget of $200,000 per annum is allocated to Floodplain Risk Management Studies funded by the Stormwater Management Service Charge, with this years allocation already committed to the existing Floodplain Studies for South Creek, Penrith CBD, Peachtree and Lower Surveyors Creek and St Marys (Byrnes Creek).  In order to accept these grants to commence this financial year, $250,000 funds will be borrowed from reserves to provide Council’s matching contribution in 2017/18 with a total of $468,667 over three financial years as per the grant conditions.

 

Conclusion

The NSW Government has offered grant funding to undertake a Flood Study and a Floodplain Management Study and Plan. These two important projects continue to deliver upon Council’s Floodplain Management Program. It is recommended that the grant funding offered be accepted.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18 be received.

2.    Council accept the grant funding offers from the NSW Government for the following studies:

a.   Nepean River Floodplain Risk Management Study and Plan - $340,000; and

b.   Emu Plains Overland Flow Flood Study - $197,333.


3.    Council write to the Minister for the Environment, Local Members and the Office of Environment and Heritage, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

 

 

ATTACHMENTS/APPENDICES

1.

Grant Funding Offer - Nepean River Floodplain Risk Management Study and Plan

14 Pages

Attachments Included

2.

Grant Funding Offer - Emu Plains Overland Flow Flood Study

14 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

8        Tender Reference RFT17/18-13 for the supply, installation, testing and commissioning of sports field lighting at Shepherd Street, Colyton                                                             53

 

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

8

Tender Reference RFT17/18-13 for the supply, installation, testing and commissioning of sports field lighting at Shepherd Street, Colyton   

 

Compiled by:               Mitchell Sammut, Recreation Support Officer

Authorised by:            John Gordon, City Presentation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Maintain the City's sportsgrounds, parks and open spaces

      

 

Executive Summary

A tender for the supply, installation, testing and commissioning of Sportsfield Lighting at Shepherd Street Reserve, Colyton, was advertised on 30 November 2017 in the Western Weekender and 5 December 2017 in the Sydney Morning Herald, and closed on Wednesday 31 January 2018 at 11.00am.

 

The Shepherd Street Sportsfield Lighting project has a total project budget of $190,000 and is funded through the Community Development Grant (CDG) Program and Council’s Telecommunication Access Fund (TAF). As part of the CDG, Penrith City Council has been allocated $125,000 in funding with Council’s TAF contributing $65,000.

 

The project aims to ensure that the field floodlighting, as part of the assets in Shepherd Street Reserve, are contemporary, fit for purpose and meet the increasing needs of the community and sporting teams that utilise this site.

 

This report advises Council of the outcome of the tender process, and recommends that the tender from Hix Group Pty Ltd, trading as Hix Electrical & Data Services, for the amount of $137,924.92 be accepted for supply, installation, testing and commissioning of Sportsfield Lighting at Shepherd Street, Colyton.

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 Federal 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

 

A consultant (GHD Pty Ltd) was engaged to undertake a review of the existing lighting on the sporting fields at Shepherd Street Reserve, prepare a lighting design for Fields 1, 2 & 3 in accordance with the relevant Australian Standards (AS2560.2.3-2007), review the electrical supply onto the site and to ensure an energy efficient floodlight system was installed. Stage one of the design was delivered as part of the 13-14 Parks Asset Renewal Program.

 

Shepherd Street Reserve is one of Council’s key sporting facilities supporting a range of sports, school and community use. This work will ensure that the improved capacity of the lighting of all of the fields will meet the current and future training and competition requirements of the users.

 

The work will include the supply and installation of a new aerial service from a pole transformer in Shepherd Street to existing meter panel. New poles and luminaries to deliver 100 lux to Fields 1,2 & 3 with connection to Councils estate (SMS) control system.

 

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

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Mr John Gordon (City Presentation Manager Manager), Mr James Craig (Projects Officer - Open Space Projects), and Mr Mitchell Sammut (Projects Officer - Open Space Projects).

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

 

Company Information

·   Conflict of Interest

·   Insurance

·   Instrument of Agreement

·   Company Profile

·   Statement of Conformance

 

Scope of Requirements

·    Demonstrated Ability

·    Technical Requirements

·    Project Completion Times

·    Applicable Standards

·    Critical Assumptions

 

Cost/Price Category

·    Project Cost

·    Provisional Sums

 

Business Category

·    Financial Viability

·    Employee Record

·    Business Record

 

Management and Administration

·    Company Resources

·    Support Systems

·    Quality of Product/Service

·    Work Health & Safety

 

 

 

Summary of Tenders Received

A total of four (4) tenders were received by the closing date of the advertised tender, and are listed below in alphabetical order:

 

Name

Business Address

Owners/Directors

Hix Group Pty Ltd T/A Hix

Electrical & Data Services

1/10 Production Place, Penrith, NSW

Director Ian John

Hicks/Owners Ian and Lea Hicks

Katopa Holdings Pty Ltd T/A CBD Mechanical Electrical

Unit 14,148 James Ruse Drive Rosehill NSW 2142

David Tunstall

Kealec Pty Ltd T/A Sportzlighting

Unit 6 / 72-80, Percival Road Smithfield, NSW

Tim Keane / Manager

REES Electrical Pty Ltd

Unit 3, 26 Leighton Place,

Hornsby, NSW, 2080

John Gibbons

 

Tenderers were requested to complete a Price Schedule for:

 

·   Lump Sum – Total Fixed Lump Sum Price for the supply and installation of lighting as per the GHD design.

·   Tender Alternatives – Tenderers alternate option and price.

 

Lump Sum Prices

 

Tenderer

Amount (excl.GST)

Hix Group Pty Ltd T/A Hix

Electrical & Data Services

*$137,924.92        

 

Kealec Pty Ltd T/A Sportzlighting

$182,267.00         

REES Electrical Pty Ltd

$185,000.00       

 

Katopa Holdings Pty Ltd T/A

CBD Mechanical Electrical

$244,200.00

   * Hix Group Pty Ltd T/A Hix Electrical & Data Services original price had omitted the      installation of cabling necessary to complete stage 2 of the lighting design.    

 

Based on the above table for Lump Sum Prices, Katopa Holdings Pty Ltd, trading as CBD Mechanical Electrical were excluded as the pricing is well beyond the funds available.

 

The remaining three tenders from Kealec Pty Ltd - trading as Sportzlighting, Hix Group Pty Ltd - trading as Hix Electrical & Data Services, REES Electrical Pty Ltd and were further considered.

 

Tenderers were able to submit an alternate design, including materials. There were no alternate tenders submitted.

 

Short Listed Tenderers

 

Hix Group Pty Ltd

This company is a locally based electrical contracting company that has undertaken competitively priced tenders for a number of similar sporting field lighting installation projects in the Penrith Local Government Area. They are currently the preferred electrical contractor to Penrith City Council for maintenance work on sports field lighting and building maintenance, and have carried out both construction and electrical maintenance in a prompt, efficient and cost-effective manner.

All supervisors have undertaken project management training, their support systems were robust and well documented, and both their quality assurance and WH&S policies were accredited.

 

Hix Group Pty Ltd originally submitted a price of $123,049.92 (excl.GST). However, they had omitted the installation of cabling necessary to complete stage 2 of the lighting design. On clarification with Hix Group Pty Ltd the additional costs of these works were $14,875.00 (excl.GST), bringing the Hix Group Pty Ltd lump sum price to $137,924.92 (excl.GST).   

 

Hix Group Pty Ltd provided a lump sum price of $137,924.92, for the specified scope of works. This price provides Council with the best value for delivery of the works. It is recommended that their tender be accepted.

 

Sportzlighting

Sportzlighting is an Australian owned and operated specialized lighting company with over 30 years’ experience in external lighting across a range of sectors. Sportzlighting has built on their experience in electrical, structural and civil engineering construction to become a floodlighting specialist. They design, install and maintain extensive floodlighting projects for metropolitan and regional councils and sporting organizations across Australia, using only the major brands and latest technology floodlights to ensure the lighting systems installed are the most suitable for each customers’ requirements.

 

All projects are designed in accordance with AS 2560.2.3-2007 Amateur and Professional Levels of Play and AS 4282-1997 Obtrusive Light. Light levels are tested and maintained in full compliance with these standards, this guarantees the best performance of the lighting system for the duration of its life.

 

Kealec Pty Ltd T/A Sportzlighting provided a lump sum price for the specified works of $182,267.00. This price is $44,342.42 more than the price tendered by the Hix Group Pty Ltd. Based on this price differential it is recommended that their tender should not be accepted.

 

CBD Mechanical Electrical

Since 2004, Rees Electrical has worked with 1000’s of clients across residential, industrial, and commercial sectors across New South Wales. Rees has held long standing maintenance contracts with several councils including Hornsby Shire Council and Northern Beaches Council. Rees Electrical still offers electrical services across all major sectors with a focus on sports field floodlighting and civil construction projects for Councils and major landscaping companies.

 

Rees Electrical offers design, installation and maintenance on various floodlighting requirements. They demonstrate a high degree of technical expertise and innovation and bring the latest advances in floodlighting and energy management.

 

CBD Mechanical Electrical provided a lump sum price for the specified works of $185,000.00. This price is $47,075.08 this is more than the price tendered by Hix Group Pty Ltd. Based on this price differential it is recommended that their tender should not be accepted.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Hix Group Pty Ltd T/A Hix Electrical & Data Services (Hix Group 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 Hix Group Pty Ltd to perform the works described.

 

The total tendered price by Hix Group Pty Ltd of $137,924.92 (excluding GST) is within available project budget.

 

Tender Advisory Group Comments

The Tender Advisory Group’s (TAG) objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for the supply, installation, testing and commissioning of Sportsfield Lighting at Shepherd Street Reserve, Colyton. The TAG 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 panel gave final consideration to the shortlisted tenders from Kealec Pty Ltd T/A Sportzlighting, Hix Group Pty Ltd, and CBD Mechanical Electrical as to their experience, capability, lump sum price, and capacity to undertake the works in a timely manner while complying with Councils requirements within the tender.

 

It is recommended that the proposal and lump sum price from Hix Group Pty Ltd T/A Hix Electrical & Data Services $137,924.92 be accepted for supply, installation, testing and commissioning of Sportsfield Lighting to complete the full floodlighting design at Shepherd Street Reserve, Colyton.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference RFT17/18-13 for the supply, installation, testing and commissioning of sports field lighting at Shepherd Street, Colyton be received.

2.    The proposal and lump sum price from Hix Group Pty Ltd T/A Hix Electrical & Data Services $137,924.92 be accepted for supply, installation, testing and commissioning of Sportsfield Lighting to complete the full floodlighting design at Shepherd Street Reserve, Colyton.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

9        Audit, Risk and Improvement Committee                                                                        61

 

10      Councillor Resignations and By-Election                                                                         67

 

11      Organisational Performance Report and Financial Review - December 2017               71

 

12      Summary of Investments & Banking for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018                                                                                         76

 

 



Ordinary Meeting                                                                                            26 February 2018

 

 

 

9

Audit, Risk and Improvement 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

Be open and fair in our decisions and our dealings with people

Service Activity

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

This report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 13 December 2017. The draft Minutes of the Audit, Risk and Improvement Committee meeting 13 December 2017 are attached to this report.

Background

The Local Government Amendment (Governance and Planning) Bill 2016 (NSW) requires that Council must appoint an Audit, Risk and Improvement Committee (the ARIC). The ARIC must keep under review the following aspects of the Councils operations:

 

a)   compliance

b)   risk management

c)   fraud control

d)   financial management

e)   governance

f)    implementation of the strategic plan, delivery program and strategies

g)   service reviews

h)   collection of performance measurement data by the Council, and

i)    any other matters prescribed by the regulations.

 

The ARIC must also provide information to the Council for the purpose of improving the Council’s performance of its functions.

 

The ARIC operates under a Charter, most recently updated by Council resolution on 22 May 2017.

Current Situation

The ARIC met on 13 December 2017. This was the fourth meeting of the ARIC for the calendar year and the first involving the newly elected members. The draft minutes of the prior meeting, as provided to Council on 23 October 2017, were adopted by the ARIC without alteration.

 

The ARIC Charter requires that the minutes of each ARIC meeting be reported to Council. A copy of the draft minutes from the meeting of 13 December 2018 are attached to this report.

Next Meeting

The next ARIC meeting is scheduled for 7 March 2017.

 

 

RECOMMENDATION

That the information contained in the report on Audit, Risk and Improvement Committee be received.

 

 

ATTACHMENTS/APPENDICES

1.

Unconfirmed Audit, Risk & Improvement Committee Meeting Minutes

4 Pages

Appendix

  


Ordinary Meeting                                                                                                         26 February 2018

Appendix 1 - Unconfirmed Audit, Risk & Improvement Committee Meeting Minutes

 

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Ordinary Meeting                                                                                            26 February 2018

 

 

 

10

Councillor Resignations and By-Election   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Support the Councillors in meeting their obligations and roles as community representatives

      

 

Executive Summary

Council’s General Manager, Alan Stoneham has recently received the written resignations of both Councillor Josh Hoole (South Ward) and Councillor Ben Price (East Ward). Both councillors were elected at the 2016 local government elections and were in their first term.

 

These resignations will result in a by-election in the South and East Wards. The report will provide information with respect to the arrangements and planning for the by-election.

Background

In 2016 the Local Government Election was held to elect 15 Councillors for a term of 4 years ending in September 2020. Recently, the General Manager has received the resignation of two councillors, namely Councillor Josh Hoole (South Ward) and Councillor Ben Price (East Ward). As a result of this the General Manager is required within 7 days, to notify the Electoral Commission, the Director-General and the Secretary of that Association of a casual vacancy in a civic office. The General Manager has prepared and sent these notifications as required, and the planning for the by-election has now commenced.

 

Current Situation

The Local Government Act 1993 (the Act) requires that a by-election be held when a casual vacancy occurs. The Act requires that any such by-election must be held on a Saturday that:

 

a)   Falls not later than 3 months after the vacancy occurs, and

b)   Is fixed by the general manager (in relation to an election administered by the general manager) or the Electoral Commissioner (in relation to an election administered by the Electoral Commissioner).

 

Conducting two by-elections across two wards is a significant undertaking and will require substantial resources and planning. Council staff usually commence planning for a general council election up to 12 months before the election. This planning intensifies in the 3-4 months leading up to the election usually coinciding with the appointment of the Returning Officer. The three month time frame imposed by the Act commenced on Thursday 15 February 2018. With this in mind the last possible Saturday that the election can be held is 12 May 2018. The time frame is challenging given the time remaining is already less than that for a normal general election, and the work required for two Ward by-elections is not significantly less than what was required at the 2016 election. With this in mind, it is critical that council determines who will administer the by- elections as soon as possible.

 

 

Next Steps

Council has two options under the Act with respect to conducting the by-election, these are:

 

a)   to enter into an arrangement with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council (as provided by section 296), or

b)   that the elections of the council are to be administered by the general manager of the council.

 

With respect to elections administered by the general manager, the council must consider and resolve for these to be administered by the General Manager personally or through the use of an electoral services provider.

 

Review of Options

 

Electoral Commissioner

If Council was of a mind to resolve to enter into an arrangement with the Electoral Commissioner, this could be done immediately by way of contract, subject to agreement with the Electoral Commissioner. The Electoral Commissioner has previously advised that they are not prepared to partially outsource certain aspects of the election. The estimated costs that were calculated for the Electoral Commissioner over the last two general council elections were significantly more than those quoted and ultimately achieved by the subsequently engaged electoral services provider.

 

Further, our experience in the past is that the Electoral Commission have provided less polling places and flexibility as to polling place locations, which has resulted in inconvenience for our constituents.

 

Electoral Services Provider (Australian Election Company)

At the past two local government elections Council has resolved to have the elections administered by the general manager, with the engagement of an electoral services provider. Feedback from both these elections has indicated that the elections have been efficiently run, considered local context and have produced quick results. From a staff perspective the consultant has been very open to work with council on all elements of the election. Council through the provision of partial outsourcing has also been able to achieve considerable savings across both elections.

 

General Manager to Administer the Election

This option would require the General Manager and council staff to run all aspects of the election in consultation with the appointment of an experience Returning Officer. Council officers previously considered this option prior to the 2016 election, and it was determined that the cost savings, if any would be minimal, that there would be a significant impact on existing resources, and that the logistics of running elections the size of Penrith Council ideally require the input of experienced election professionals.

 

Recommended Option

Given council has run the last two general elections through the provision of an electoral services provider, and has done so successfully the recommended option to pursue is that of the General Manager administering the election through the engagement of an electoral services provider. This recommendation is further supported due to the short time frame council has to conduct the election, meaning that the engagement of experienced election professionals in a timely manner will be paramount to achieving successful by-elections.

Other Considerations

Should Council resolve for the General Manager to administer the election through the engagement of an electoral services provider, unlike if Council was to engage the Electoral Commissioner, council is not exempt from the tendering provisions. The requirement to prepare a tender and the subsequent advertising period would make it difficult to meet a number of statutory requirements and would risk delay with the planning for the by-election.

 

These statutory requirements around the different stages of the election, are included in the Local Government Regulations which state that electoral rolls for election must close 40 days prior to the election date (s280), with an advertisement to appear 14 days prior to the election closing date, advising of the calling of the election, and the opening of rolls (s278). As these requirements are non-negotiable, this creates the need for the expedient engagement of some form of electoral services provider.

 

Council staff have considered this and believe there is a strong argument to engage provisions open to the Council under the Act with respect to tendering. Clause 55 (3) (i) of the Act states that the tender provisions do not apply to a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.

 

Council officers are of the view through experience and research that outside of the Electoral Commission and the Australian Election Company that there are very few, if any, electoral services providers capable of providing the service Council requires for its by-election, especially given the short time frame. Council has previously gone through two tender processes in both September 2012 and September 2016 where only one response has been received, that being from the Australian Election Company. Council staff have formed a view that the calling of tenders is unlikely to result in a satisfactory outcome. This is in addition to the time considerations having regard to the 21 days that would be lost should council have to advertise a tender for this period.

 

If Council is not comfortable with this option, it is also open to Council to call for tenders and shorten the tender period in accordance with Clause 171 of the Act. This provision would allow Council to only advertise for 7 days from the time of the first advertisement. While this option would allow for the possibility of other tenderers to potentially come forward, the delay in getting the advertisement placed and the 7 day notification period, will again delay the planning of the by-election, and as previously outlined officers are not aware of any other capable electoral services providers in the market.

 

It should be noted that any quote that Council receives, will need to be assessed on the basis of the provision of services for by-elections in two Wards only. Previously when Council have tendered for electoral services, it has been within the scope of a number of councils also participating in ordinary elections. As a result of this, there has been an economy of scale for the provision of support services, such as advertising, and a centralised counting centre. Savings, as a result of these economies of scale will not be available to Penrith Council, during this by-election period. 

 

Conclusion

The requirement to hold a by-election within three months of a casual vacancy occurring provides council with an extremely short timeframe to prepare for two by-elections. This is further complicated by the requirement to enter a tender process should the council determine not to engage the Electoral Commission. The report recommends that the General Manager administer the elections and subject to a satisfactory quote being received, engage the Australian Election Company to administer the by-elections. Furthermore that Council invoke provisions contained within the Act with respect to extenuating circumstances and not enter into a tender process due to the extremely short time frame in which the by-elections must occur and the likelihood of only receiving one tender response.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Resignations and By-Election be received.

2.     The By-Elections of the Council are to be administered by the General Manager of the Council.

3.     The General Manager intends to engage the Australian Election Company to administer the election subject to a satisfactory quote being received.

4.     A tender process not be entered into in accordance with Section 55 (3)(i) of the Local Government Act 1993 due to the likely unavailability of competitive tenders in addition to the short time frame in which the by-elections must occur.

5.     Council write to the Office of Local Government advising of this decision and of the nominated Returning Officer and Substitute Returning Officer when this information is available.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                            26 February 2018

 

 

 

11

Organisational Performance Report and Financial Review - December 2017   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Budget Accountant

Craig Shepherd, Corporate Planning Coordinator

Authorised by:            Vicki O’Kelly, Executive Manager - Community and Chief Operating Officer

Andrew Moore, Chief Financial Officer   

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Support financial sustainability through financial planning and budget management

      

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program 2017-21 and annual Operational Plan 2017-18, and focuses on the period of 1 July to 31 December 2017. The report should be read in conjunction with the Organisational Performance Report – December 2017 (see attached), which records significant variations, reserve movements, proposed revotes, contracts and consultancies, cash and investments position, income & expenses by program and our progress in implementing the organisation’s Operating and Capital projects for 2017-18.

 

At 31 December 2017, 96% of Council’s 248 projects were ‘on target’ or ‘completed’. 

 

Council adopted a balanced budget for 2017-18. The December Quarter has resulted in a surplus for the quarter and the full year of $252,409.

 

This report recommends that the Organisational Performance Report – December 2017 is received, and that the revised budget estimates identified in the report and detailed in the Organisational Performance Report – December 2017 be adopted.  

Organisational Performance Summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six-month period between 1 July 2017 to 31 December 2017. At 31 December 2017:

·    all of Council’s 127 service activities were on target

·    95% of the 59 Operational Plan actions were ‘on target’ or ‘completed’

·    96% the 248 Capital and Operating projects were ‘on target’ or ‘completed’.

 

Table 1 provides a performance summary, which overall demonstrates that Council is successfully delivering its services and programs. 

 


 

 

Completed

On Target

Attention Required

Total

No

%

No

%

No

%

Service Activities

0

0%

127

100%

0

0%

127

Actions

5

9%

51

86%

3

5%

59

Capital Projects

23

21%

79

73%

6

6%

108

Operating Projects

26

19%

111

79%

3

2%

140

Totals

54

12%

368

85%

12

3%

434

 

Table 1

Organisational Highlights

Council’s programs and services delivered a number of significant achievements during the past six months. These include:

 

·      Our new Innovation Performance Team helping to identify ways for Council to be more efficient.

·    The proposed development of the Union Road car park site has progressed.

·    Plans for a new world-class health and education precinct that will create 6000 additional jobs and attract world class medical researchers, educators and innovators to the region, was launched in October.

·    Council continued to lobby for the North-South rail network to connect Penrith to the Western Sydney Airport.

·    Our second REAL festival was held in November, attracting around 22,000 people.

·    The Disability Inclusion Action Plan 2017-2021 was launched in August.

Financial Position Summary

The Council delivered a balanced budget in the adoption of the 2017-18 Operational Plan held at the Council’s Ordinary meeting on the 26 June 2017, which included a number of allocations to Reserves. The September Quarterly Review reported some variations to the predicted annual budget, including a number of proposed allocations that were adopted and combined with other adopted variations during the first quarter which provided for a revised projected surplus of $194,467 for 2017-18. The favourable budget position at this early stage of the financial year also presented the opportunity to transfer $900,000 to the Reserve budget to provide capacity to respond to current and emerging priorities.

 

The December Review presents a positive result with a revised end of year projected budget with a surplus of $252,409. This result comprises mainly of positive variations to the original budget, with the most notable for the December Quarter being additional rates income ($49,130) and development related net income ($140,440). Offsetting these positive variations are an increase in postage costs ($30,000) and allocation to projects – Resonances of Inspiration Embroidery Repairs ($30,000) and Resilient Sydney Collaboration ($50,000).

 

Net organisational salary savings of $49,819 have also been identified in this quarter largely from staff vacancies. In keeping with Council’s adopted practice, these salary savings will be retained within the employee cost budget at this stage and not be reallocated until the end of the year to manage any budgetary risks throughout the year. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings will be transferred to the ELE Reserve as part of the June 2018 Review once provision for current year payments are made. 

 

The financial strategies developed over the past two years rely not just on the 2016-17 SRV, but also on reform within the organisation’s processes, systems, procedures, culture and structure.  Reform in these areas has already commenced and will continue over the next 4 years.  The organisation aims to match the funds from the 2016-17 SRV with savings from better ways of doing things, harnessing technology improvements, implementing new systems and reviewing service delivery.  These savings will provide the capacity to continue to service our growing City, ensuring the 2016-17 SRV funds are directed towards the City shaping and future-proofing priorities. The original 2017-18 budget included $2.9m in productivity initiative savings. During 2017-18 and in conjunction with the Quarterly Review process further productivity initiatives have been identified and included in budget adjustments resulting in total savings of $4.0m being included in the 2017-18 budget.

 

In addition to these adjustments a total of $18.2m of capital and operating projects revotes are proposed as a result of the December Quarter Review as the works are not expected to be completed in the current financial year.  Further details of significant proposed major variations are provided later in this report with all variations and revotes detailed in the Organisational Performance Report – December 2017.

 

This report recommends that the revised budget estimates, including revotes, identified in the report, and detailed in the Organisational Performance Report – December 2017 be adopted.

Financial position for the December Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating budget projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

Budget Position

 

($)

Original Budget Position

0

September 2017 Quarter Variations

194.467

December 2017 Quarter Variations

0

December 2017 Review Variations

57,942

Revised Budget Position Surplus/(Deficit)

252,409

Commentary is provided below on some of the more significant issues in the December Review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, revotes, and reserve movements are detailed in the Organisational Performance Report – December 2017.

 

Net Employee Costs

During the second quarter of 2017-18 salary savings have been realised primarily due to vacancies across a number of Departments. The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual Departments to enable alternative temporary staff resources to ensure the delivery of key Operational Plan tasks and projects.  The net salary savings of those being retained by Departments total $49,819.

 

It is proposed that as part of the December Quarterly Review that the identified salary savings of $49,819 are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for any resignations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Development Services $140,440 F (0.03%)

The Development Application net income budget is ahead of forecast for the year to date by $140,440, primarily due to significant applications, which were not anticipated, submitted in 2017. In addition, major subdivision applications for substantial portions of release areas not anticipated, have been received including Caddens and South Werrington Urban Village.

 

Rates Income $49,130 F (0.03%)

Rates income is budgeted to be approximately $70,000 higher than originally forecasted, with business development increasing. This extra income from rates will be offset by less interest income on overdue rates and charges of around $20,000 due to a decrease in the interest rate from 8% to 7.5% and with rates arrears being lower than in previous years.

 

Resilient Sydney U $50,000  U (%)

Resilient Sydney is a collaboration with councils of metropolitan Sydney and the NSW Government. Resilient Sydney works to develop a strategy and action plan for Sydney to strengthen the ability of our community to survive, adapt and thrive in the face of increasing uncertainty and disruptions.

 

This project has the capacity to deliver significant benefits for the region and to add value to a range of projects and initiatives through coordinated responses to challenges and opportunities. Each district has been requested to contribute to the ongoing delivery of this project beyond the available funding.

 

Postage $30,000 U (18%) U (%)

Postage costs are forecast to be over estimates mainly due to the lack of take-up of the Australia Post “My Post Digital Mailbox” with Australia Post not going ahead with a National marketing campaign as planned, and with Australia Post eventually withdrawing the Digital Mailbox altogether. This has meant that savings projected for electronic delivery of notices has not eventuated and customers that had registered for the Digital Mailbox had to be reverted to notices by mail. Postage costs in the future are set to reduce with an increase in the e-mailing of notices expected.

 

 

Resonances of Inspiration Embroidery $30,000 U

The Resonances of Inspiration Embroidery is an embroidery that is owned by Council and was on display from 2001 in the Borland Foyer of the Joan Sutherland Performing Arts Centre (JSPAC). These funds are required for cleaning, repair, and conservation of the embroidery including re-installation in a suitable alternate location in the JSPAC to enable air conditioning improvements to be completed in the foyer.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Performance report – December 2017.  In addition to these adjustments a total of $5,864,200 of planned Capital and Operating projects are proposed for revote this quarter and a full listing can be found in the Organisational Performance report – December 2017. The total value of revotes for the year to date (including the proposed December Quarter revotes) is $18,179,722. (including $14,311,641 revoted for WSIP Local Roads Package)

Conclusion

The Organisational Performance Report –December 2017 indicates that the performance of Council’s Capital and Operating projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2018.

 

The Organisational Performance Report – December 2017 will be placed on Council’s website, and will be available in hard copy on request.

 

 

RECOMMENDATION

That:

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

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

 

 

ATTACHMENTS/APPENDICES

1.

The Organisational Report - December 2017 Review

117 Pages

Attachments Included

  


Ordinary Meeting                                                                                            26 February 2018

 

 

 

12

Summary of Investments & Banking for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018   

 

Compiled by:               Ashley Zanier, Assistant Accountant

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide accurate information to Council and the community on Council's financial activities

      

 

Executive Summary

This report on the Summary of Investments & Banking for December 2017 and January 2018 are 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 reports certify 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.

 

The reports provide a summary of investments for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018 and a reconciliation of invested funds as at 31 December 2017 and 31 January 2018.

 

The investment returns versus the benchmark as a percentage for December 2017 and January 2018 are:

 

December 2017:

·    Council portfolio current yield (including FRNs)          2.53%

·    90 day Bank Bill Swap rate (Benchmark)                    1.77%

 

January 2018:

·    Council portfolio current yield (including FRNs)          2.50%

·    90 day Bank Bill Swap rate (Benchmark)                    1.79%

 

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 December 2017 and January 2018, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for December 2017 and January 2018 and various Investment Summary and Investment Portfolio analysis tables and charts.

The December 2017 Investment Report has been included in conjunction with January 2018 since there was no Council Meeting in January 2018.

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 December 2017 and 31 January 2018.

 

                                             

Andrew Moore

Responsible Accounting Officer

Executive Summary

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018 be received.

2.    The certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the periods 1 December 2017 to 31 December 2017 and 1 January 2018 to 31 January 2018 be noted and accepted.

3.    The graphical investment analyses as at 31 December 2017 and 31 January 2018 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

January Investment Report

6 Pages

Appendix

2.

December Investment Report

5 Pages

Appendix

  


Ordinary Meeting                                                                                                         26 February 2018

Appendix 1 - January Investment Report

 

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Ordinary Meeting                                                                                                         26 February 2018

Appendix 2 - December Investment Report

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday February 26 2018

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        City Deals                                                                                   2

 

3        Nepean River Flood Study - Public Exhibition                                                                   2

 

4        Status of Compliance Service Activities                                                                            2

 

5        Status of Litigation Matters                                                                                                 3

 

6        Council Property - Lease Agreement - Suite 2, 54 Henry Street Penrith (former Council library)                                                                                                                                 3

 

7        Lease for Council owned property at Shop 1/225-227 Queen Street St Marys to Pelagia Kalvgin and Vasantha Karunasinghe                                                                                 3

 

8        Licence Agreement - Unused Public Laneway adjacent to 22 Peachtree Road Penrith for use by Unara CH PTY LTD                                                                                                3

 

9        General Manager Recruitment                                                                                           3

 

 

 

 

 

 

 

 

 

 


Ordinary Meeting                                                                                            26 February 2018

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 1

 

2        City Deals 

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 5

 

3        Nepean River Flood Study - Public Exhibition

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Status of Compliance Service Activities

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

Outcome 7

 

5        Status of Litigation Matters

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

6        Council Property - Lease Agreement - Suite 2, 54 Henry Street Penrith (former Council library)

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        Lease for Council owned property at Shop 1/225-227 Queen Street St Marys to Pelagia Kalvgin and Vasantha Karunasinghe

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.

 

8        Licence Agreement - Unused Public Laneway adjacent to 22 Peachtree Road Penrith for use by Unara CH PTY LTD

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.

 

9        General Manager Recruitment

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

PCC_Line


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 February 2018

Report Title:            Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18

Attachments:           Grant Funding Offer - Nepean River Floodplain Risk Management Study and Plan

                                Grant Funding Offer - Emu Plains Overland Flow Flood Study



Ordinary Meeting                                                                                                         26 February 2018

Attachment 1 - Grant Funding Offer - Nepean River Floodplain Risk Management Study and Plan

 

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Ordinary Meeting                                                                                                         26 February 2018

Attachment 2 - Grant Funding Offer - Emu Plains Overland Flow Flood Study

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 February 2018

Report Title:            Organisational Performance Report and Financial Review - December 2017

Attachments:           The Organisational Report - December 2017 Review



Ordinary Meeting                                                                                                         26 February 2018

Attachment 1 - The Organisational Report - December 2017 Review

 

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ATTACHMENT       

 

 

 


Date of Meeting:     26 February 2018

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2017-2018 Voted Works