23 March 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 March 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
Leave of absence has been requested by:
Councillor Mark Davies - 23 March 2018 to 13 April 2018 inclusive.
3. CONFIRMATION OF MINUTES
Ordinary Meeting - 26 February 2018.
Extraordinary Council Meeting - 12 March 2018.
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
2018 Australia Day Honours.
7. NOTICES OF MOTION TO RESCIND A RESOLUTION
8. NOTICES OF MOTION AND QUESTIONS ON NOTICE
9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES
Resilience Committee Meeting - 7 February 2018.
Access Committee Meeting - 14 February 2018.
Local Traffic Committee Meeting - 5 March 2018.
Penrith Community Safety Partnership Meeting - 7 March 2018.
10. DELIVERY PROGRAM REPORTS
11. REQUESTS FOR REPORTS AND MEMORANDUMS
12. URGENT BUSINESS
13. COMMITTEE OF THE WHOLE
Monday 26 March 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 soil and wealth for toil;
Our home is girt by sea;
Our land abounds in nature’s gifts
Of beauty rich and rare;
In history’s page, let every stage
Advance Australia Fair.
In joyful strains then let us sing,
Advance Australia Fair.
Beneath our radiant Southern Cross
We’ll toil with hearts and hands;
To make this Commonwealth of ours
Renowned of all the lands;
For those who’ve come across the seas
We’ve boundless plains to share;
With courage let us all combine
To Advance Australia Fair.
In joyful strains then let us sing,
Advance Australia Fair.
Statement of Recognition of
Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage
Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.
Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.
We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.
PRAYER
“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life. We come together as representatives of our community to make decisions that will benefit this city and the people within it.
We come not in a spirit of competition, not as adversaries, but as colleagues. Help us to treat each other with respect, with dignity, with interest and with honesty. Help us not just to hear the words we say, but also to hear each others hearts. We seek to be wise in all that we say and do.
As we meet, our concern is for this city. Grant us wisdom, courage and strength.
Lord, help us. We pray this in the name of Jesus Christ our Lord. Amen.”
Council Chambers
Seating Arrangements
For members of the public addressing the meeting
Lectern
Executive Managers
Clr 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
North 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 Kath Presdee
South Ward
Clr Kath Presdee
South 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
2018 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 |
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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
OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 26 FEBRUARY 2018 AT 7:05PM
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 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, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.
APOLOGIES |
There were no apologies. |
LEAVE OF ABSENCE
1 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that the leave of absence be granted to Councillor Jim Aitken OAM for the 23 February 2018 to 12 March 2018 inclusive. |
CONFIRMATION OF MINUTES - Ordinary Meeting - 18 December 2017 |
2 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke that the minutes of the Ordinary Meeting of 18 December 2017 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Less than Significant in Committee of the Whole Item 5 - Status of Litigation Matters as his wife is a member of the executive of PPAG (Protect Penrith Action Group) and Rick Putra was second on his election ticket. Councillor Cornish indicated he would leave the room when this item is considered.
Councillor Todd Carney declared a Non-Pecuniary Conflict of Interest – Significant in Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 as he is a member of the union. Councillor Carney indicated he would leave the room when this item is considered.
Mayoral Minutes
1 Village Cafe Wins Zest Award Councillor Tricia Hitchen spoke in support of the Mayoral Minute. |
3 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen that the Mayoral Minute on Village Cafe Wins Zest Award be received. |
2 June Roots Councillors Ross Fowler OAM and Marcus Cornish spoke in support of the Mayoral Minute. |
4 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on June Roots be received. |
Reports of Committees
1 Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 6 December 2017 |
5 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 6 December, 2017 be adopted. |
2 Report and Recommendations of the Access Committee held on 13 December 2017 |
6 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 December, 2017 be adopted. |
3 Report and Recommendations of the Local Traffic Committee Meeting held on 5 February 2018 |
7 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 February, 2018 be adopted. |
4 Report and Recommendations of the Policy Review Committee Meeting held on 12 February 2018 |
8 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 February, 2018, with the exception of Items 1 and 3 be adopted. |
4 Report and Recommendations of the Policy Review Committee Meeting held on 12 February 2018 - Item 3 - Lawn Section Burials in Council Operated Cemeteries |
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. 9 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies 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. |
4 Report and Recommendations of the Policy Review Committee Meeting held on 12 February 2018 - Item 1 - Amendment to Penrith Development Control Plan 2014 - Oakdale South Industrial Estate, Erskine Park |
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10 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney 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:
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Procedural Motion 11 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that Councillor Bernard Bratusa’s Urgent Motion 1 Wallacia Village and Golf Club be considered before all other items of business. |
UB 1 Wallacia Village and Golf Club |
Councillor Bernard Bratusa requested responses from previous letters to a number of ministers on position again Wallacia Golf Club converted to a cemetery. Councillor Bratusa requested a copy of these responses be sent to all Councillors. Councillor Bratusa further requested information the current owners of Wallacia Golf Club made offers to adjacent owners. Councillor Bratusa requested that Council send a delegation led by the Mayor and Deputy Mayor, requesting an urgent meeting with the Premier of NSW to express our strong opposition for the planned cemetery proposed at Wallacia Golf Club. |
12 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency. His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting. |
13 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that Council send a delegation led by the Mayor and Deputy Mayor, requesting an urgent meeting with the Premier of NSW to express our strong opposition for the planned cemetery proposed at Wallacia Golf Club. |
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
1 Fire Safety Update Councillor Bernard Bratusa left the meeting, the time being 7:36pm. |
14 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke 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. 4. A further report be presented to Council on the role of the taskforce and what they are looking at. |
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 Councillor Bernard Bratusa left the meeting, the time being 7:45pm. |
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15 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish 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. 4. A further report presented to a council meeting providing information about additional dwellings, timelines, employment and monitoring programs in place.
In accordance with Section 375A of the Local Government
Act 1993, a DIVISION was then called with the following result:
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Outcome 3 - We can get around the City
3 Roads and Maritime Services (RMS) 2017/18 Road Funding Grants |
16 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown 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”. 4. A letter be written to the relevant Local Members thanking them for their support and contribution to the grants. |
4 Roads and Maritime Services (RMS) 2017/18 REPAIR Program (Rehabilitation) Road Funding Grant |
17 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown 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. 3. A letter be written to the relevant Local Members thanking them for their support and contribution to the grants. |
Outcome 4 - We have safe, vibrant places
5 Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith |
18 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee 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. |
Outcome 5 - We care about our environment
6 Tender Reference 17/18-09 - Design and Construction of Gross Pollutant Traps (GPTs) within Penrith LGA. |
19 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish 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. |
7 Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2017/18 |
20 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish 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. |
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 |
21 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke 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. |
Outcome 7 - We have confidence in our Council
9 Audit, Risk and Improvement Committee |
22 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee that the information contained in the report on Audit, Risk and Improvement Committee be received. |
11 Organisational Performance Report and Financial Review - December 2017 |
23 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee 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. |
12 Summary of Investments & Banking for the periods 1 December to 31 December 2017 and 1 January to 31 January 2018 |
24 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee 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. |
10 Councillor Resignations and By-Election |
25 A MOTION was MOVED by Councillor Ross Fowler OAM seconded Councillor Karen McKeown 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. 7. A budget be established of $500,000 for all election related activities to be funded from the election reserve. An AMENDMENT was move MOVED by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Councillor Resignations and By-Election be received. 2. The NSW Electoral Commission manage the By-Elections for the Council. The AMENDMENT was PUT. The AMENDMENT was LOST.
The MOTION was PUT. The MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED. |
REQUESTS FOR REPORTS AND MEMORANDUMS
RR 1 Boat Ramp, Tench Reserve Jamisontown |
Councillor Kevin Crameri OAM requested a truck of small stones be delivered to the boat ramp at Tench Reserve Jamisontown. |
RR 2 Purchase of Drone with camera |
Councillor Kevin Crameri OAM requested that Council investigate the purchase of a drone with a camera. |
RR 3 Release areas for Penrith |
Councillor Kevin Crameri OAM requested a report to Council on the next release areas for Penrith. |
RR 4 Mulgoa Road |
Councillor Kevin Crameri OAM requested a memo reply to all Councillors about the major failures in Mulgoa Road south of the Village. When was council aware and why have we not done anything about it. |
RR 5 Interaction Between Staff and Councillors Policy |
Councillor Kevin Crameri OAM requested information on the Interaction Between Staff and Councillors Policy under the Code of Conduct. |
RR 6 Digital Cemeteries Information |
Councillor Marcus Cornish requested a report back to Council on digital cemetery information for public use as other Councils provide the public of who is buried and where including ashes. |
RR 7 Combustible Cladding |
Councillor Kath Presdee requested a memo reply regarding details of any Council owned properties that may contain combustible cladding, including industrial premises. |
RR 8 Commercial Matter – Waste Collection Services Tender RFT 17/18-07 |
Councillor Greg Davies requested that a matter be referred to Committee of the Whole as it 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. |
RR 9 Smell in St Marys |
Councillor Greg Davies requested that Council investigate of a smell that has returned to St Marys near the train station. |
RR 10 Footpath Mamre Road |
Councillor Greg Davies requested that Council inspect footpath on western side of Mamre Road near M4 Highway. |
RR 11 Installation of round-a-bout at Muru Drive and Glenmore Parkway |
Councillor Todd Carney requested a report to the Local Traffic Committee on investigation of the need for a round-a-bout to be installed at the corner of Muru Drive and Glenmore Parkway. |
RR 12 Sewage Smell Jensen Street Colyton |
Councillor Todd Carney requested that Council investigate sewage smell near the shopping centre on Jensen Street, Colyton. |
RR 13 Link Road, Dunheved Business Park |
Councillor Ross Fowler OAM requested a memo reply to all Councillors regarding an update on Link Road at Dunheved Business Park. |
UB 2 50th Anniversary of the retreat at Mt Schoenstatt Spirituality Centre, Mulgoa |
Councillor Ross Fowler OAM requested that an amount of $2000 be allocated from South Ward voted works to Mt Schoenstatt Spirituality Centre at Mulgoa to help with the costs of celebrations for the 50th Anniversary. |
26 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency. His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting. |
27 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that an amount of $2000 be allocated from South Ward voted works to Mt Schoenstatt Spirituality Centre at Mulgoa to help with the costs of celebrations for the 50th Anniversary. |
RR 14 Charity Bins Policy |
Councillor Mark Davies requested a memo reply regarding Council’s policy on Charity Bins and requested this should be reviewed and updated. |
RR 15 Triangle Park |
Councillor Mark Davies requested a memo reply to all Councillors on the estimated completion date of Triangle Park. |
RR 16 Triangle Pop up Park |
Councillor Bernard Bratusa requested a memo reply to all Councillors on the construction timelines and cost of the park. |
RR 17 Park in Brisbane Street, Oxley Park |
Councillor Tricia Hitchen commended and thanked all involved in the Park in Brisbane Street, Oxley Park including Brian Steffen, John Gordon and Jeni Pollard for their help. |
Committee of the Whole
28 RESOLVED on the MOTION of Councillor Greg Davies seconded Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:26pm.
Councillor Marcus Cornish left the meeting and did not return, the time being 8:26pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matters:
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.
10 Commercial Matter – Waste Collection Services Tender RFT 17/18-07
Councillor Greg Davies requested that a matter be referred to Committee of the Whole as it 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.
The meeting resumed at 9:34pm and the Chief Governance Officer reported that the Committee of the Whole met at 8:26pm on 26 February 2018, the following being present
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.
and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.
CONFIDENTIAL BUSINESS
2 City Deals |
RECOMMENDED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on City Deals be received. 2. Council delegate authority to the Mayor to sign the Western Sydney City Deal on behalf of Council if he is satisfied with the response from the other levels of government. |
3 Nepean River Flood Study - Public Exhibition |
RECOMMENDED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Nepean River Flood Study - Public Exhibition be received. 2. The Nepean River Flood Study – Draft Exhibition Report, August 2017 be endorsed for public exhibition for a period of no less than 28 days. 3. A further report to be presented to Council on the results of the public exhibition of the Nepean River Flood Study – Draft Exhibition Report, August 2017 addressing any submissions received during the exhibition period. |
4 Status of Compliance Service Activities |
RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies CW4 That the information contained in the report on Status of Compliance Service Activities be received. |
5 Status of Litigation Matters |
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee CW5 That the information contained in the report on Status of Litigation Matters be received. |
6 Council Property - Lease Agreement - Suite 2, 54 Henry Street Penrith (former Council library) |
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM CW6 That: 1. The information contained in the report on Council Property - Lease Agreement - Suite 2, 54 Henry Street Penrith (former Council library) be received. 2. Council approve the proposed new lease agreement under the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
7 Lease for Council owned property at Shop 1/225-227 Queen Street St Marys to Pelagia Kalvgin and Vasantha Karunasinghe |
RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies CW7 That: 1. The information contained in the report on Lease for Council owned property at Shop 1/225-227 Queen Street St Marys to Pelagia Kalvgin and Vasantha Karunasinghe be received. 2. Council approve the proposed new lease agreement under the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
8 Licence Agreement - Unused Public Laneway adjacent to 22 Peachtree Road Penrith for use by Unara CH PTY LTD |
RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM CW8 That: 1. The information contained in the report on Licence Agreement - Unused Public Laneway adjacent to 22 Peachtree Road Penrith for use by Unara CH PTY LTD be received. 2. Council approve the proposed new licence agreement under the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
10 Commercial Matter - Waste Collection Services Tender RFT 17/18-07 |
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke CW10 That: 1. The tender closing date be extended for 2 weeks. 2. Tenderers to the Waste Collection Services Tender RFT 17/18-07 be required to make any offer to any employees to be transferred from the previous contractor to the successful tenderer be on pay rates no less than the employees are on under the Enterprise Bargaining Agreement currently existing. 3. Employment entitlements including Long Service Leave, Annual Leave etc. be transferred to the successful tenderer to provide continuity of entitlements. |
9 General Manager Recruitment |
RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney CW9 That: 1. The information contained in the report on General Manager Recruitment be received. 2. The Total Remuneration Package as set out in the report to the Committee of the whole be included in the recruitment process for the new General Manager. |
ADOPTION OF Committee of the Whole
29 RESOLVED on the MOTION of Councillor Greg Davies seconded Kath Presdee that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7, CW8, CW9 and CW10 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:39pm.
OF THE EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS
ON MONDAY 12 MARCH 2018 AT 7:00PM
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 Governance Coordinator, Adam Beggs.
PRESENT
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.
APOLOGIES |
30 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that apologies be received for Councillor Jim Aitken OAM. |
DECLARATIONS OF INTEREST
Councillor Todd Carney declared a Non-Pecuniary Conflict of Interest – Significant in Notice of Motion to Rescind a Resolution Item 1 - Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 as he is a member of the Transport Workers Union. Councillor Carney indicated he would leave the room when this item is considered.
SUSPENSION OF STANDING ORDERS |
31 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm. |
Mr Simon Lofty
Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 - Ordinary Meeting 26 February 2018
Mr Lofty an employee of Suez Recycling & Recovery Pty Ltd and nominated representative of other employees affected, spoke against the recommendation. Mr Lofty expressed his concerns for the wages, entitlements and jobs for himself and other employees that will be impacted with the proposed rescission motion. If a new contractor wins the Waste Contact, employees could lose up to $300 per week and there are no guarantees in the tender to ensure current workers keep their jobs or have a transmission of existing entitlements and conditions to a possible new employer under the contract. Mr Lofty believes this will devalue the commitment made by drivers to the local Penrith City Community. Mr Lofty concluded by expressing to councillors that the Penrith City Waste Workers are not looking for more pay, they are looking for the chance to keep doing the same job they do now for the same pay, not less.
Mr John Myers
Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 - Ordinary Meeting 26 February 2018
Mr Myers an employee of Suez Recycling & Recovery Pty Ltd, spoke against the recommendation. Mr Myers voiced his concerns of the impacts of the proposed rescission motion will greatly affect himself and other drivers. Mr Myers described like so many other drivers this has been his career for many years and is concerned to lose all entitlements under the tender process. Mr Myers explained to Councillors that he is seeking continuity in the role and looking for the chance to keep doing the same job for the same pay. In closing, Mr Myers expressed to have his and other drivers jobs protected so that they can ensure protection for his family and his future.
RESUMPTION OF STANDING ORDERS |
32 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that Standing Orders be resumed, the time being 7:18pm. |
Notice of Motion to Rescind a Resolution
1 Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 - Ordinary Meeting 26 February 2018 Councillor
Todd Carney left the meeting, the time being 7:18pm. |
Chief Governance Officer, Stephen Britten read a statement that Council should consider moving this item to Committee of the Whole as it 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. |
Committee of the Whole
33 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matter, the time being 7:18pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Ross Fowler OAM seconded Mark Davies that the press and public be excluded from Committee of the Whole to deal with the following matter:
2 Committee of the Whole Item 10 - Commercial Matter - Waste Collection Services Tender RFT 17/18-07 - Ordinary Meeting 26 February 2018
The matter was referred to Committee of the Whole as it 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.
The meeting resumed at 8:01pm and the General Manager reported that the Committee of the Whole met at 7:18pm on 12 March 2018, the following being present
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.
and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following to Council.
2 Committee of the Whole Item 10 - Commercial Matter – Waste Collection Services Tender RFT 17/18-07 - Ordinary Meeting 26 February 2018 |
A MOTION was MOVED by Councillor Ross Fowler OAM seconded Councillor Mark Davies that the following motion as passed by Council at the Ordinary Meeting of 26 February 2018 be rescinded: CW2 That: 1. The tender closing date be extended for 2 weeks. 2. Tenderers to the Waste Collection Services Tender RFT 17/18-07 be required to make any offer to any employees to be transferred from the previous contractor to the successful tenderer be on pay rates no less than the employees are on under the Enterprise Bargaining Agreement currently existing. 3. Employment entitlements including Long Service Leave, Annual Leave etc. be transferred to the successful tenderer to provide continuity of entitlements. The MOTION
was PUT. |
ADOPTION OF Committee of the Whole
Councillor Todd Carney returned to the meeting, the time being 8:01pm.
34 RESOLVED on the MOTION of Councillor Kath Presdee seconded Aaron Duke that the recommendation contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:02pm.
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
Ordinary Meeting 26 March 2018
Passing of Max Laughton OAM
It is with great sadness that I note the passing last week of Max Laughton OAM, Penrith harness racing icon.
Max came to Penrith in 1948, when he entered the Police Force and attended the Police Training College in High Street, Penrith. He eventually became Chief Police Inspector in 1984 before retiring from the Force in 1988. After his 40 years of service in the Police Force, Max was awarded a Merit of Services Award.
Having had the “horse racing bug” from the age of 24 when he began working with horses, Max devoted all of his spare time to Penrith Paceway and in 1964 he founded the Penrith Harness Racing Club becoming a foundation executive member. Max went on to become the longest serving president at Penrith Paceway, serving on the Executive Committee since 1964 and had been President since 1988.
The other place where you could guarantee that you would always bump into Max was at the annual Penrith Show. Every year he was there from the start to the finish and he was a major contributor to the Show’s ongoing success.
In 2012 Max was awarded an Order of Australia Medal for service to the community of Penrith, and to the sport of harness racing. He also received the Centenary Medal in 2001 and in the same year he was honoured as a Council Wall of Achievement recipient.
At last week’s race meeting at the Penrith Paceway drivers wore black armbands as a mark of respect for Max who was a much admired administrator and the rock for the Penrith Club.
On behalf of my fellow Councillors and the community of Penrith, I’d like to offer our deepest sympathy to Max’s wife Lorna, his family and friends.
Councillor John Thain
Mayor
That the Mayoral Minute on Passing of Max Laughton OAM be received.
|
Ordinary Meeting 26 March 2018
2018 Australia Day Honours
It is my great pleasure to congratulate three local residents recognised in the Australia Day Honour’s List.
Neville Barnier OAM of Glenmore Park received an Order of Australia Medal for service to people with a disability and to the community of Penrith. Neville was a member of the Australian Foundation for Disability from 1983 to 2017, spending his last three years as Chairman. A Vietnam War veteran, he also served as President of Penrith’s RSL Sub-branch and was Chairman of Penrith RSL Club from 2009 to 2016. Neville has also been a member of the Rotary Club of Nepean since 2000 and is a life member of Penrith Apex Club. He was also the Penrith City Council Citizen of the Year in 2004.
John Bateman OAM of Penrith received an Order of Australia medal for service to local government and the community of Penrith. John has established himself as a pillar of the local community and is well known for his tireless work as an advocate for the community. He was a Penrith City Councillor from 1995 -2004 and he served two consecutive terms as Mayor in 1998-1999 and 1999-2000, a time of significant transition and growth for the region, before and during the Sydney Olympic Games. Johns passion for volunteering saw him become a board member on many local organisations often all at the same time. . He was the founder of the Nepean Philanthropists, Patron of the Nepean District Historical Society, Former patron of Red Cross Calling, former Patron of Penrith Police and Citizens Youth Club (PCYC) and the Foundation for Creative Enterprise. A co-founder of local law firm Bateman Battersby Lawyers, John also established the Bateman Battersby Law Bursary that encourages and supports local students seek further legal education.
Albert Fish OAM of Erskine Park received an Order of Australia Medal for services to veterans and their families. Albert better known as Ted has been the Honorary Treasurer of the Returned Services League of Australia, St Marys Sub-branch since 2004, a trustee since 2003, was Secretary for one year and Vice President for one year and made a Life Member in 2015. His contribution to the RSL movement since 1997 has been nothing short of outstanding. Ted has also played an active role in supporting and guiding the St Marys RSL Women’s Auxiliary, Youth Club and Day Club as well as assisting to implement projects such as the ‘Corridor of Honour’.
On behalf of the community and Council, I thank these residents for their contributions to our community and congratulate them once again on receiving our nation’s highest honour.
Councillor John Thain
Mayor
That the Mayoral Minute on 2018 Australia Day Honours be received. |
Reports of Committees
Item Page
1 Report and Recommendations of the Resilience Committee Meeting held on 7 February 2018 1
2 Report and Recommendations of the Access Committee Meeting held on 14 February 2018 5
3 Report and Recommendations of the Local Traffic Committee Meeting held on 5 March 2018 10
4 Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 7 March 2018 19
Ordinary Meeting 26 March 2018
REPORT AND
RECOMMENDATIONS OF THE
Resilience Committee
MEETING
HELD ON 7 February, 2018
PRESENT
Councillor Karen McKeown, Councillor Kath Presdee, Carina Fernandes, Michelle Tormey, Nevin Sweeney, Helen Ryan, Associate Professor Bradley Forssman and Suzanne Dunford.
IN ATTENDANCE
Craig Butler – Assistant General Manager, Sandy Davies – Executive Manager People and Capability, Carmel Hamilton – Sustainability Coordinator, Andrew Hewson – Sustainability Education Officer, Peter Wood – Development Services Manager.
APOLOGIES |
His Worship the Mayor, Councillor John Thain and Alan Stoneham – General Manager. |
CONFIRMATION OF MINUTES - Resilience Committee Meeting - 4 October 2017 |
The minutes of the Resilience Committee Meeting of 4 October 2017 were confirmed. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
1 Overview of Opportunities to Incorporate Resilience into Planning Controls and Development in the City Peter Wood provided an introduction to planning and development controls in the City. The City Planning Department is responsible for the policy framework of planning controls, while the Development Services Department is responsible for assessing applications for development.
Peter also provided an overview of the planning controls relevant to local government, outlining the hierarchy of controls from State Environmental Planning Policies through to Local Environmental Planning Policies and Development Control Plans (DCP). There is potential for the Committee to have some influence in amending Council’s DCP to improve policy controls, leading to better planning outcomes for the City.
There may be other opportunities for the Committee to be involved, for example through the review of the Residential Strategy for the City and other significant policies. A commitment was made that significant policies and reviews would be brought to the Committee for input.
There was some discussion around the changes to the development assessment process which are due to be introduced on 1 March 2018. This will see the establishment of local planning panels to assess development applications with a value of more than $10million.
|
RECOMMENDED That the information contained in the report on Overview of Opportunities to Incorporate Resilience into Planning Controls and Development in the City be received. |
Outcome 5 - We care about our environment
4 Sustainability Program 2017-18 Andrew Hewson presented this report, providing the Committee with an overview of the key projects being undertaken by Council’s Sustainability Team, including street tree planting, a citizen science project with UNSW, CAPS bus shelter installation, WSROC’s Turn Down the Heat Strategy and Action Plan, solar information night, Civic Centre solar feasibility study and the Global Covenant of Mayors for Climate and Energy and the Cities Power Partnership. There was some discussion of the CAPS bus shelter project and a commitment was made to distribute the research report from this project. An invitation to the Energy Efficiency and Solar Information evening will also be forwarded to all Committee members. There was also interest in the recently constructed Jordan Springs Community Hub with interest in holding the next Committee meeting at this venue. |
RECOMMENDED That the information contained in the report on Sustainability Program 2017-18 be received. |
3 Outcomes of Priority Setting Workshop October 2017 Carmel Hamilton provided an overview of the priority setting workshop held at the last Committee meeting of 4 October 2017. There was overall agreement that the issues of most relevance were greencover and the need to improve social cohesion, followed by climate change adaptation, supporting urban food, and healthy lifestyles. There was also a discussion of project ideas raised at the workshop by Committee members, with information provided on how the project could be implemented by Council. A suggestion was put forward by Assoc. Prof Bradley Forssman that Council work with the Nepean Blue Mountains Local Health District in the delivery of communications around staying cool and being prepared for summer 2018-19. This opportunity will be pursued. |
RECOMMENDED That the information contained in the report on Outcomes of Priority Setting Workshop October 2017 be received. |
2 Draft Our Resilient Sydney: A Strategy for City Resilience Carmel Hamilton presented the report, providing an update on the Resilient Sydney project. Five key areas for action have been identified and will be outlined in the Resilient Sydney Strategy which is expected to be released before the next Committee meeting. A launch event is likely to be
held in Penrith and information regarding this event will be provided to all
Committee members. |
RECOMMENDED That the information contained in the report on Draft Our Resilient Sydney: A Strategy for City Resilience be received. |
GENERAL BUSINESS
GB 1 Health Action Plans ‘Healthy Built Environment’ Sub-Committee |
Bradley Forssman identified that there are opportunities for Council and the Local Health District to work together more closely in the future through the existing Health Action Plan. A Healthy Built Environment sub-committee is being established and Bradley will provide more information to the Committee once it is available, including terms of reference. Bradley also committed to bringing the work of the sub-committee to the Resilience Committee as it progresses. |
GB 2 Urban Food Project |
Nevin Sweeney provided an update to the Committee on the urban food project ‘Productive in Penrith’ that is being pursued by a sub group of the Committee. It has been identified that there is a lack of resources available specifically for people on how to grow food in Penrith and Western Sydney, with unique challenges such as heat, clay soils and low rainfall. A range of educational products is being investigated including short videos, fact sheets and booklets to provide this information to the community.
Carina Fernandes identified that she has been reaching out to existing groups that may have an interest in this project to establish a stronger network.
Suzanne Dunford suggested that the upcoming NSW Environmental Trust’s Environmental Education Grants program might be an option to consider funding the project. Applications open in April 2018. |
GB 3 Kingswood Bus Shelter |
Carina Fernandes identified a bus shelter near Kingswood Public School as being exposed to extreme heat and that this had been raised with Carmel Hamilton prior to the meeting. Council’s traffic engineers have inspected the site and the location meets the requirements to be placed on Council’s Bus Shelter Prioritisation List. Funding for 2017-18 has already been allocated but the site will be included in considerations for next year’s budget. |
GB 4 Climate Change Fund |
Suzanne Dunford suggested that she provide a presentation at the next meeting on the Energy Affordability Package that has been developed by the NSW State Government. This will be included in the next meeting agenda. |
GB 5 Council’s Advocacy Program |
Craig Butler highlighted the importance of Council’s Advocacy Program in achieving great outcomes for the City. Of particular importance at the moment is the need for a North-South rail link between St Marys and the airport site to allow the development of knowledge centres and additional jobs in a sustainable way. Craig suggested that it may be appropriate for some advocacy actions in the future to be brought to the Committee for consideration and endorsement. It was agreed that this would be explored as opportunities become available. |
GB 6 Sydney Science Park |
Craig Butler suggested it would be useful for the Committee to receive a presentation on the range of innovations being proposed as part of the Sydney Science Park being developed by Celestino. It was agreed that a presentation on this should be arranged for a future Committee meeting. |
GB 7 Operational Plan |
Craig Butler identified that Council will start developing it’s 2018-19 Operational Plan. It was agreed that opportunities to engage the Committee with this work should be explored. |
There being no further business the Chairperson declared the meeting closed the time being 7:50 PM.
That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 7 February, 2018 be adopted.
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Ordinary Meeting 26 March 2018
REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING
HELD ON 14 February, 2018
PRESENT
David Currie, Allan Windley, Anthony Mulholland, Carole Grayson, Dianne Brookes, Councillor Todd Carney – Chair (5.16pm).
IN ATTENDANCE
Claire Galvin – Disability Inclusion Officer, Erich Weller – Community and Cultural Development Manager, Katerina Tahija – Acting Community Programs Coordinator, Gavin Cherry – Development Assessment Coordinator, Clare Aslanis – Senior Environmental Planner, Craig Squires – Acting Certification and Fire Safety Coordinator, Gannon Cuneo – Environmental Planner, Jane Hetherington – Environmental Planner, Paul Anzellotti – Senior Environmental Planner, Lucy Goldstein – Graduate Environmental Planner.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Tricia Hitchen.
Councillor Todd Carney arrived at the meeting at 5.16pm.
Councillor Todd Carney officially opened the meeting at 5.21pm.
APOLOGIES |
Apologies were accepted from Hans Meijer and Graham Howe. |
CONFIRMATION OF MINUTES - Access Committee Meeting - 13 December 2017 |
The minutes of the Access Committee Meeting of 13 December 2017 were confirmed. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
1 Development Applications Referred to the AccessCommittee
DA17/1092 Staged Construction of Wallacia Memorial Park including Cemetery, Chapel and related crematorium and functions rooms, administration building, services outbuilding, parkland areas, internal roads, carparking and associated landscaping and site servicing works
Gavin Cherry introduced Clare Aslanis to speak on the proposal for the Wallacia Memorial Park.
The proposed DA is for a cemetery of 88,000 burial plots, a crematorium, function rooms, and administration building, and refurbishment of the golf club building to be used for wakes. The development will be in three stages but consent is sought for the entire development. The cemetery is anticipated to have a life span of 140 years.
It was advised that the golf club house is on a sloped part of the site. The main entry to the building is on the first floor with a ramp going up to it.
It is proposed that the existing club house be refurbished, with changes internally and direct access at the back. All the buildings have separate carparking though the accessible spaces are not shown on the plan.
Clare Aslanis advised that the internal roads have enough space to park alongside.
Clare Aslanis advised that this development will be determined by the Joint Regional Planning Panel. Council will make a recommendation to the panel, which includes comments from the Access Committee.
Issues discussed by the Committee included:
· Footpaths · Provision of seating along the walkway · Adequate provision of parking · Accessible carparking · Retention of the golf course.
Clare Aslanis left the meeting at 5.39pm.
DA17/1107 Proposed Demolition of Existing Structures and Construction of a Four Storey Health Services Facility including Private Hospital and Specialist Health Services, 29 Derby Street, Kingswood Paul Anzellotti spoke to the development application advising that the existing structures would be demolished and there is proposed construction of a four storey health services facility, consisting of a private hospital and specialist health services and four levels of basement carparking.
The site is directly opposite Nepean Hospital near the roundabout. The block has a 40m frontage on Derby Street and a 60m frontage to Somerset Street.
Paul Anzellotti advised that the actual application is only for the building itself. Future uses will be subject to a future application or compliance application.
It was advised that the main access will be off Somerset Street with the vehicle access from Derby Street. There are four accessible carparking spaces on basement level one and one accessible carpark space on the lower ground level.
There is a 1:20 ramp from the footpath to the main lobby area and café which fronts Somerset Street. The private hospital will be on the first floor. The application is only for the shell of the building. All levels will be subject to future compliance applications.
Paul Anzellotti advised that this application would be going to the Joint Regional Planning Panel.
Issues discussed by the Committee included:
· Fire exit from the building for people in wheelchairs, fire compartments and sprinklers · Increasing the number of accessible carpark spaces · Traffic congestion around the development · Enquiry regarding whether there would be another assessment report with the internal fitout · Whether the external of the building is accessible for people with a cane · Provision of tactiles · To ensure the tree line is low enough so there is visible access · Warning indicators, audio or lights, to be provided near the carpark entrance/exit · An additional bus stop so vision impaired people can avoid crossing the road.
DA17/1147 Internal Fitout and Change of use to Indoor Swimming Pool for Educational Purposes, 232 Coreen Avenue, Penrith
Lucy Goldstein spoke to the development application for the change of use to an indoor swimming pool facility on Coreen Avenue. It was advised that the site has industrial businesses to the north and east of the site, and residential land uses to the west of the site. To the south of the site is a Public Reserve for drainage purposes.
Paul Anzellotti left the meeting at 6.00pm.
Currently a metal clad warehouse is located on the site. The proposal seeks consent for change of use for an indoor swimming pool. The internal fitout includes the swimming pool, an office, foyer, bathroom, change rooms and shower bay.
It is proposed that there will be 20 clients per half hour session. Structured classes will be held for children with some adult classes.
It is proposed to have 25 carpark spaces which would include one accessible carparking spot.
It the pool is to be used for hydrotherapy a pool lift would be required.
Issues discussed by the Committee included:
· Ramp to the pool and deck area · Provision of a lift · The orientation of two of the carpark spots · Pedestrian access to the site · Provision of an adult change table · At least one cubicle be large enough so that a carer can attend · Concern for children going on the road.
DA17/1204 Place of Worship, Lot 1 Water Street Werrington including an 89 place child care centre and associated remediation, earthworks, road construction, drainage and landscaping works
Gannon Cuneo spoke to the development application for the proposed place of public worship and child care centre in Water Street, Werrington.
Wollemi College is located to the east of the site with Cobham Juvenile Centre adjoining the site to the east. Claremont Meadows is to the south of the site.
The first stage of the development comprises a 400 seat auditorium for place of worship over two levels. Also proposed is administration and office space. A lift is to be provided with the first stage of the development as well as parking for 125 vehicles.
Stage 2 proposes an extra floor on top with construction of a 1,350 seat auditorium, a child and youth ministry, and construction of an additional 260 parking spaces. Accessible parking will be provided with stage 1 and stage 2.
Lifts will be provided in stage 2 to access all areas of stage 2. Stage 3 is construction of the most southern part of the building for the 89 place child care centre including outdoor play area.
This development application is going to the SydWest Planning Panel at the end of the month.
Issues discussed by the Committee included:
· The number of wheelchair seats to be provided in the auditorium · Traffic near the development · Provision of footpath or walkway · Road upgrades including slip lane from the Great Western Highway · Access to the entry of the building.
Gannon Cuneo left the meeting at 6.30pm.
DA17/1247 Place of Worship, 230-242 Aldington Road, Kemps Creek
Jane Hetherington spoke to the development application for the place of worship at Kemps Creek including a Hindu Temple, assembly hall, community kitchen and dining hall, Monks residence, landscaped areas, internal roads, car parking and associated site works. The site is 10 hectares in size surrounded by rural residential development.
This development will go to the Joint Regional Planning Panel.
Issues discussed by the Committee included:
· The grade of the raised walkway · Accessible path of travel throughout the development.
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RECOMMENDED That the information contained in the report on Development Applications Referred to the Access Committee be received.
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Jane Hetherington and Gavin Cherry left the meeting at 6.45pm.
GENERAL BUSINESS
GB 1 Snap Send Solve |
Erich Weller handed out a copy of a memo regarding the Snap, Send Solve app. The memo will also be sent out electronically to Committee members. The memo advised that the owners of the Snap Send Solve app have changed the way they operate and if a fee is not paid they will not divulge the address of the sender or location of the issue. Council is not prepared to pay a fee. The memo details three principal ways how Access Committee members can notify Council of any access issue between meetings. Claire Galvin, Council’s Disability Inclusion Officer, can also be contacted directly with any issues.
Carole Grayson queried if Mastri could be used in place of the Snap, Send Solve app. Carole Grayson asked if Council liked the Snap, Send Solve app as there were some good features. Erich Weller replied that he could not answer that question and that Council had recently established a contact centre and a customer experience manager to deliver more consistent responses to customers.
Erich Weller suggested that the Customer Experience Manager be invited to attend an Access Committee meeting and advise on Council’s customer service approach and priorities. |
GB 2 Penrith Station |
Anthony Mulholland advised that the tactile ground surface indicators had been installed at Penrith Station. |
GB 3 Lights on Mulgoa Road |
Anthony Mullholland enquired about the lights on Mulgoa Road and advised that some were not working. Councillor Carney suggested undertaking an audit of the lights. Erich Weller said enquiries would be made about the Mulgoa Road lights and reported back. |
GB 4 Judges Place Carpark Public Toilets |
Anthony Mulholland highlighted the public toilets in Judges Place Carpark and asked about regular needles checks. Information will be provided back on this matter. |
There being no further business the Chairperson declared the meeting closed the time being 6.55pm.
That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 February, 2018 be adopted.
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Ordinary Meeting 26 March 2018
REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee
MEETING
HELD ON 5 March, 2018
PRESENT
Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Karen McKeown (Council Representative), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services (RMS), Stephen Page – Nepean PAC (Police Area Command).
IN ATTENDANCE
Steve Grady – Busways, Michael Alderton – Acting Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Kevin King – Trainee Engineer, Caitlin Bailey – Trainee Engineer, Steven Purvis – Senior Ranger, Bernie Meier – Signs and Linemarking Officer, Wasique Mohyuddin – Acting Design and Projects Manager, Candice Camacho – Lendlease Communication & Stakeholder Engagement Manager, James Chia – Lendlease Traffic Manager.
LEAVE OF ABSENCE
Nil.
APOLOGIES |
Councillor Aaron Duke (Representative for the Member for Londonderry), Councillor Marcus Cornish, Nick Veljanovski – Transit Systems NSW, Jodie Mallia - Comfort Delgro Cabcharge NSW (Blue Mountains Transit), Adam Wilkinson – Engineering Services Manager. |
CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 February 2018 |
The minutes of the Local Traffic Committee Meeting of 5 February 2018 were confirmed. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
Outcome 3 - We can get around the City
1 John Tipping Grove, Penrith - Proposed 'No Parking' Restrictions |
Laura Van Putten of RMS recommended to the Committee that LTC matters be forwarded to the RMS for consultation prior to the LTC meeting, in order to allow for enough time for the RMS to also liaise with Transport for NSW (TfNSW) about the matter. David Drozd – Traffic Engineering Coordinator advised that currently consultation with the RMS is undertaken at the same time Council consults with the community. David Drozd – Traffic Engineering Coordinator advised that the following LTC agenda and all future LTC agendas will be with all parties seven days earlier than the current process. The RMS will therefore have a week and a half (nine days or so) to review and make comment in preparation for the meeting. RECOMMENDED That: 1. The information contained in the report on John Tipping Grove, Penrith - Proposed 'No Parking' Restrictions be received. 2. Consultation be undertaken with affected residents and any substantial objections referred back to the Local Traffic Committee. 3. Subject to no substantial objections, and concurrence from Roads and Maritime Services and Transport for NSW regarding the 1km radius rule, ‘No Stopping’ restrictions be installed on John Tipping Grove as shown in Appendix 1. 4. Council’s Ranger Services and the resident be advised of Council’s resolution. |
2 Laycock Street, Cranebrook - Proposed Changes to Parking Signage |
Laura Van Putten of RMS expressed concern about the proposed 23 metres long Bus Zone on Laycock Street, Cranebrook and advised that all Bus Zones are required to be 30 metres long in accordance with RMS guidelines. Laura Van Putten suggested that the Bus Zone be relocated. Catherine Waerner – Road Safety Officer advised that there is currently a Bus Shelter at the subject Bus Zone and therefore the Bus Zone cannot be relocated. Wayne Mitchell – (Chair) – Executive Manager Environment and City Development advised that the current Bus Zone setup up would have been established in order to prevent conflict with vehicles trying to ingress to park and egress. Steve Grady of Busways expressed concerns about vehicles parking close to the proposed Bus Zone. As such, Steve Grady requested that Braddock Public School P & C and the Principal of the school be advised of the proposed changes to parking signage via the school’s newsletter. David Drozd – Traffic Engineering Coordinator advised that a bus is 13 metres long and requires 6 metres ingress and 4 metres egress. Steve Grady of Busways concurred. David Drozd also advised that as the spaces adjacent to the Bus Zone will be unrestricted, it will not be utilised as a ‘Kiss & Ride’ zone and therefore conflicts will be limited for bus and pedestrian movements. RECOMMENDED That: 1. The information contained in the report on Laycock Street, Cranebrook - Proposed Changes to Parking Signage be received. 2. The ‘No Stopping’ zone on the approach to the pedestrian crossing on Laycock Street, Cranebrook, midblock between Waterfall Crescent and Hosking Street, be reduced from 37 metres to 19 metres, creating three unrestricted parking spaces on the frontage of Braddock Public School as shown on Appendices 1 and 2. 3. The Bus Zone on Laycock Street outside Braddock Public School be increased from 18 metres to 23 metres as shown on Appendices 1 and 2. 4. Consultation be conducted with Braddock Public School and the school Principal be requested to publish the proposed changes to parking signage on Laycock Street, Cranebrook in the school’s newsletter. |
3 Wattle Avenue and Willow Road, North St Marys - Proposed 'No Stopping' Restrictions and Double Barrier Line Marking |
Laura Van Putten of the RMS enquired about the width of the road lane on Willow Road, North St Marys following the installation of the 30 metre double barrier line marking. Caitlin Bailey – Trainee Engineer advised that the road lanes are 3.5 metres wide. RECOMMENDED That: 1. The information contained in the report on Wattle Avenue and Willow Road, North St Marys - Proposed 'No Stopping' Restrictions and Double Barrier Line Marking be received. 2. Consultation be undertaken with affected residents and the Principal of St Marys North Public School. 3. Subject to no substantial objections being received, signage and line marking be installed on Wattle Avenue and Willow Road, North St Marys as shown in Appendix 1. 4. Adjacent residents and St Marys North Public school be advised of Council’s resolution. |
4 Ellim Place, Cranebrook - Proposed Installation of Parking Restrictions |
Wayne Mitchell (Chair) – Executive Manager Environment and City Development enquired if this was a road related area. Catherine Waerner – Road Safety Officer confirmed that this is a road related area. RECOMMENDED That: 1. The information contained in the report on Ellim Place, Cranebrook - Proposed Installation of Parking Restrictions be received. 2. Signs stating “No Parking: Authorised Council Vehicles Excepted” be installed in two locations near the Grays Lane Children’s Centre Driveway near Ellim Place, Cranebrook, and on the fence near the Council Minibus parking space. 3. The Director of Grays Lane Children’s Centre be informed. |
5 ANZAC Day Services and Marches - Sunday, 22 April 2018 and Wednesday, 25 April 2018 |
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RECOMMENDED That: 1. The information contained in the report on ANZAC Day Services and Marches - Sunday, 22 April 2018 and Wednesday, 25 April 2018 be received. 2. The Traffic Management Plans for the Class 2 and Class 4 Special Events pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events 2006” for the ANZAC Day Dawn Service and March on Sunday, 22 April, and Service and March on Wednesday, 25 April, 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 events: -
(b) A Traffic Management Plan and Traffic Control Plan detailing each event, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services for approval and NSW Police for information prior to the events. A copy of the Roads and Maritime Services approval must be submitted to Council prior to the events. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the events.
(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 events. In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed events.
(d) 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.
(e) The event applicant must provide advice to Council prior to the events that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.
(f) The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the events, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the events, 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.
(g) The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the events. Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration. Satisfactory arrangements must be made to address such concerns to allow the events to proceed.
(h) Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the events (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).
(i) The event organiser notifies ambulance and fire brigade (Fire and Rescue NSW and Rural Fire Services) and State Emergency Services of the proposed events and submit a copy of the notification to Council prior to the events.
(j) The event applicant notifies private bus companies of the proposed events and submit a copy of the notification to Council prior to the events. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the events.
(k) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.
(l) 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.
(m) The event applicant is to request participants to obey road rules and Police directions during the events.
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 plans are to be considered as Council’s Authorisation to regulate traffic on Council roads. |
6 Swallow Drive, Erskine Park - Proposed Pedestrian Facility |
Michael Alderton – Acting Engineering Services Manger enquired if there were any immediate safety concerns for students at this location and, if so, are there any measures such as fencing that Council could install in the interim until this location receives priority on Council’s Traffic Facilities Priority List. Catherine Waerner – Road Safety Officer advised that the installation of fencing was considered at this location, however safety issues were raised as there could be potential for students and parents to walk around the fencing and still use the speed hump as a crossing. Catherine Waerner advised that she would contact Erskine Park High School about encouraging students and parents to cross at the existing marked pedestrian crossing and not at the speed hump. Laura Van Putten of RMS enquired about instances where students are using the painted median island as a stopping point to cross the road. Catherine Waerner – Road Safety Officer advised that there were very few instances of pedestrians using the painted median island as a stopping point to cross the road. Laura Van Putten suggested that the painted median island be investigated for any potential safety improvements. RECOMMENDED That: 1. The information contained in the report on Swallow Drive, Erskine Park - Proposed Pedestrian Facility be received. 2. It be proposed that this location be considered in principle for a future pedestrian facility, with a conceptual and detailed design plan to be submitted to a future meeting of the Local Traffic Committee, and Council’s Road Safety Officer investigate the painted median island for any potential safety improvements, and the proposed facility to be placed on Council’s Traffic Facilities Priority List. 3. Mayor, Councillor John Thain, Blue Datto and Erskine Park High School be informed. |
7 Laneway Off Carcolla Way, Jordan Springs - Signage and Line Marking Plan |
Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised that this location is classed as medium density with rear access being provided to properties. Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) commended the Committee for seeking to implement this signage and linemarking at an early stage as there could be a potential issue of parking in the future. Laura Van Putten of RMS enquired if Council considered ‘No Stopping’ on the eastern side of the laneway instead. David Drozd – Traffic Engineering Coordinator advised that a staggered short stay in which ‘No Parking’ restrictions permit would be most appropriate at this location and would have less of an impact on residents. RECOMMENDED That: 1. The information contained in the report on Laneway Off Carcolla Way, Jordan Springs - Signage and Line Marking Plan be received. 2. The signage and line marking plan prepared by Group Development Services for the laneway adjacent to Carcolla Way, Jordan Springs (Plan Number: SK1 Revision: 2, dated 30/10/2017) 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. Group Development Services be advised of Council’s resolution. |
8 Penrith Panthers Precinct Redevelopment Multideck Carpark - Signage and Line Marking Plan |
Laura Van Putten of RMS and Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) expressed concerns about the removal of the pedestrian crossing on Retreat Drive, Penrith and raised safety concerns about potential instances of pedestrians jaywalking. Graham Green – Senior Traffic Engineer advised that pedestrians can cross at the signalised intersection of Retreat Drive and Mulgoa Road, Penrith instead. Laura Van Putten of RMS raised concerns with regard to the L3 line marking depicted at the roundabout. Laura Van Putten requested that the line marking be reviewed and amended. David Drozd – Traffic Engineering Coordinator advised that he believes the line marking depicted at the roundabout on the signage and line marking plan will not be an issue but will follow-up with Council’s Design Engineers to amend if needed. David Drozd also advised that Penrith Panthers will be required to update their Traffic Management Plan (TMP) as this precinct is expected to have future developments. RECOMMENDED That: 1. The information contained in the report on Penrith Panthers Precinct Redevelopment Multideck Carpark - Signage and Line Marking Plan be received. 2. The
signage and line marking plans from Diversi for Panthers Precinct
Redevelopment (Project No: 16138, Drawing No: C44, Revision: F, Dated
27/01/2017) be endorsed for construction (as shown in appendix 1), subject to
further consultation with RMS.
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. 6. Penrith Panthers be requested to update their Standing Game Day TMP for their precinct to reflect the removal of the pedestrian crossing and provide a copy to Council for our information. |
9 Lethbridge Street, Penrith - Signage and Line Marking Plan |
RECOMMENDED That: 1. The information contained in the report on Lethbridge Street, Penrith - Signage and Line Marking Plan be received. 2. The signage and line marking plans from Barker Ryan Stewart for a proposed residential development at No. 5 Lethbridge Street, Penrith (Plan No: SY14132E4.01 Revision: C, Date 17/11/2015) 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. Barker Ryan Stewart be advised of Council’s resolution. |
10 Hope Street, Penrith - Residential Flat Building Development - Signage and Line Marking Plan |
RECOMMENDED That: 1. The information contained in the report on Hope Street, Penrith - Residential Flat Building Development - Signage and Line Marking Plan be received. 2. The signage and line marking plans from the Morson Group on behalf of the developer (Job No: 160880, Drawing No: C020, Revision: H, Dated: 20.02.18) be endorsed for construction (as shown in Appendix 1). 3. All associated signage and line marking be installed in accordance with Australian Standards and Council requirements. 4. All costs associated with the installation of the signage and line marking be funded by the applicant. 5. Morson Group and Council’s Waste Services Department be advised of Council’s resolution. |
GENERAL BUSINESS
GB 1 High Street, Penrith - Drainage Upgrade, Stage 1 |
Wasique Mohyuddin – Acting Design and Projects Manager presented a PowerPoint presentation to the Committee regarding the Stage 1 drainage upgrade works occurring on High Street, Penrith between Riley Street and Woodriff Street. RECOMMENDED That the Committee note the information. |
GB 2 The Northern Road, Penrith - Roads and Maritime Services Reconstruction Works - Homestead Road Closure |
James Chia and Candice Camacho of Lendlease presented a PowerPoint presentation on the reconstruction works occurring on The Northern Road, Penrith. It was advised that Homestead Road will be closed as part of the works and there would be VMS boards and detours occurring on surrounding streets. RECOMMENDED That the Committee note the information. |
There being no further business the Chairperson declared the meeting closed the time being 10:45am.
That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 March, 2018 be adopted.
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Ordinary Meeting 26 March 2018
REPORT AND RECOMMENDATIONS OF THE
Penrith Community Safety
Partnership MEETING
HELD ON 7 March, 2018
PRESENT
Councillor Karen McKeown; Allison Kyriakakis, Penrith City Council; Brett McFadden, Nepean Police Area Command; Daniel Wanja, Penrith Youth Interagency; Erin Davidson, Penrith City Council; Grant Healey, Nepean Police Area Command; Jeni Pollard, Penrith City Council; Ken Innes, Glenmore Park Residents Group; Olivia Kidon, Penrith City Council; Tracy Leahy, Penrith City Council; Wayne Willmington, Penrith Valley Chamber of Commerce.
APOLOGIES |
Glenn Cooper, Western Sydney University; Julie Page, Needle and Syringe Program; Gai Hawthorn, Penrith CBD Corporation. |
CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 6 December 2017 |
The minutes of the Penrith Community Safety Partnership Meeting of 6 December 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 Judges Place Car Park – Establishment of Alcohol Free Zone Olivia Kidon advised that an Alcohol Free Zone has been proposed for Judges Place Car Park, Penrith, to help address alcohol related safety concerns at this location. Consultations were undertaken with local community groups and a public notice was advertised for a 30 day period in the local newspaper, which has now concluded. No objections or comments were received in response to the proposal. A report will now be presented to Council’s Ordinary Meeting on 26 March 2018 recommending the establishment of the additional Zone at this location.
Warner Graffiti Education Program Olivia advised that the Graffiti Education Program continues to be delivered to Primary and Secondary School students across the Local Government Area. Sessions have commenced being scheduled for February and March with 40 sessions programmed for Primary school students and 19 sessions programmed for Secondary school students. The program is an integral component of Council’s Graffiti Minimisation Strategy.
Peppertree Reserve Youth Engagement Project, Erskine Park Olivia advised that the Peppertree Reserve Youth Engagement Project is continuing in Peppertree Reserve and surrounding areas. The project is funded by the NSW Department of Justice until June 2018 and aims to minimise anti-social behaviour and malicious damage in the area.
Council has engaged Community Junction to deliver programs and activities to young people on Friday nights.
Olivia noted a number of positive outcomes that the project has achieved, including the establishment of a Youth Leadership Crew, giving young people an opportunity to take a lead role in the delivery of the project. Positive feedback indicates that issues in the area have subsided.
A final update will be provided at the June Partnership meeting.
Application to the NSW Community Safety Fund 2018 Olivia advised that a funding application has been submitted to the NSW Department of Justice under the NSW Community Safety Fund 2018.
The proposed project is called ‘Gen Connect – North St Marys Community Safety Project’ and aims to improve safety by activating public spaces and fostering community cohesion. The project proposes the installation of solar lighting in Parklawn Lane, to improve night time visibility; a mentoring program that connects younger residents; and a roller shutter art project to improve the aesthetics of the public space.
No advice has been received to date on the success of the application. An update will be provided on the outcome of the application at the June Partnership meeting.
Oxley Park Neighbour Day Community Safety are working in partnership with Council’s Neighbourhood Renewal team to host ‘Neighbour Day’ at Ridge Park, Oxley Park on Sunday 25 March from 1pm to 4pm.. The picnic style event aims to encourage residents to connect with their neighbours. There will be free food, garden games, competitions, gelato and prizes.
Daniel Wanja asked if there were flyers for the event for distribution as young people from his service would love to attend. Olivia advised that there will be flyers available and that when they are ready they will be sent to Partnership members for distribution.
Update on the Draft Community Safety Plan 2018 – 2021 Allison Kyriakakis provided an update on the progress of the Community Safety Plan 2018-2021 with a PowerPoint Presentation outlining the consultation process, findings, draft action plan and next steps to get the Plan endorsed as a Community Safety Compact.
Community Safety conducted extensive consultation for the new Plan in late 2017, including targeted engagement with local community organisations, businesses and residents. An online Community Safety survey was promoted with an additional version tailored to young people. Collectively, over 1,000 people participated in the consultation process.
Nepean Police Area Command was also consulted in the process where outcomes indicated similar priorities and indicators for community safety and wellbeing.
Allison discussed the key findings from the consultations, surveys and crime profile which identified and support three (3) priority areas that the Plan will focus on, being: Public Space Safety, Domestic and Family Violence and Community Cohesion and Resilience.
A draft Plan will be presented to an upcoming Councillor Briefing, followed by a 30 day public exhibition period, and final plan presentation to Council seeking adoption. Pending Council adoption, the Plan will be submitted to the NSW Department of Justice seeking endorsement, which gives Council eligibility to apply for NSW crime prevention grant funding rounds.
|
RECOMMENDED That the information contained in the report on Update on the delivery of Community Safety projects be received. |
GENERAL BUSINESS
Nepean Police Area Command Update
Grant Healey advised that General Duties officers are all working from the St Marys station. Current data indicates that this has not affected response times across the Local Government Area (LGA). Grant also noted that there is more connectivity across the LGA as there are more cars available to respond to incidents. Nepean Police Area Command (Nepean PAC) is also now aligned with Penrith LGA boundaries.
An update on crime trends was not provided due to system issues following the recent merge.
Councillor Karen McKeown asked if there are now three (3) Domestic Violence Liaison Officers (DVLO’s) to cover the Nepean PAC. Grant advised that the Domestic Violence Team has expanded and eight (8) officers now service the team. Brett McFadden added that a seven (7) day a week coverage is also provided by the Domestic Violence Team.
Safety Action Meetings have also been rolled out across the region which discuss and address the needs of high risk victims of domestic and family violence, which Grant chairs fortnightly.
Tracy Leahy thanked Brett for the commitment of the DVLO’s to attend the monthly Nepean Domestic Violence Network meetings.
GB1 High Street Public Works Project
Councillor Karen McKeown advised that upgrades to High Street, Penrith will commence after Easter and asked Jeni Pollard to provide more information to the Partnership.
Jeni added that a contractor has been selected via a tender process. Works will upgrade the amenity and provide outdoor dining options for businesses, improve visibility and encourage space activation.
The works will commence at the Eastern end of High Street from Woodriff Street and progress to Triangle Park. High Street will experience some interruptions with one way traffic at stages. Council will be liaising with local business to communicate the works schedule and minimise disruption to business on High Street.
GB2 Harmony Day
Tracy Leahy advised that Harmony Day will be held on Wednesday 21 March from 11am to 2pm in the ‘Mondo’.
A short walk will take place around Westfield Penrith and conclude in the Mondo with a festival celebration including a light lunch and activities.
There being no further business the Chairperson declared the meeting closed, the time being 4.15pm.
That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 March, 2018 be adopted.
|
Item Page
Outcome 4 - We have safe, vibrant places
1 Establishment of Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith 1
Outcome 5 - We care about our environment
2 Street and Park Tree Management Plan 7
Outcome 7 - We have confidence in our Council
4 Tender Reference RFT17/18-15 Drainage Asset Inventory Data Collection 19
5 2017-18 Borrowing Program 23
6 Summary of Investments & Banking for the period 1 February to 28 February 2018 25
URGENT
7 Tender Reference RFT 17/18-18, Splash Pad Installation at Ripples Leisure Centre St Marys 35
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Outcome 1 - We can work close to home
There were no reports under this Delivery Program when the Business Paper was compiled
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Outcome 2 - We plan for our future growth
There were no reports under this Delivery Program when the Business Paper was compiled
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Outcome 3 - We can get around the City
There were no reports under this Delivery Program when the Business Paper was compiled
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Outcome 4 - We have safe, vibrant places
Item Page
1 Establishment of Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith 1
Ordinary Meeting 26 March 2018
1 |
Establishment of Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith |
|
Compiled by: Allison Kyriakakis, Community Safety Co-ordinator
Authorised by: Jeni Pollard, Place Manager
Outcome |
We have safe, vibrant places |
Strategy |
Make our public places safe and attractive |
Service Activity |
Maintain a Community Safety Plan for the City |
Executive Summary
At its Ordinary Meeting of 25 September 2017, Council supported the establishment of 54 Alcohol Free Zones across the city for the four (4) year period from 1 November 2017 to 31 October 2021. Since that time, safety concerns relating to alcohol consumption have been evidenced in Judges Place Car Park, prompting investigations into the suitability of the car park as an Alcohol Free Zone.
Alcohol Free Zones are an enforcement tool to assist Police in responding to reported incidents of alcohol-related antisocial behaviour. In accordance with Section 644 of the Local Government Act 1993, Council can establish Alcohol Free Zones in public roads, footpaths and car parks with identified alcohol-related issues and associated concerns for safety.
Following discussions with local police, relevant Council staff and community stakeholders, it is proposed to establish an Alcohol Free Zone at Judges Place Car Park. This will assist Council and local Police in responding to alcohol-related issues in the car park, providing safe and well-utilised facilities for all users.
In accordance with NSW Government Ministerial Guidelines for the Establishment of Alcohol Free Zones, the proposal to establish an Alcohol Free Zone at Judges Place Car Park has been advertised via public notice in local newspapers, in addition to consultation with local police and relevant community groups. No objections have been received in response to the proposal.
This report recommends that the information contained in the report on Establishment of Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith be received and Alcohol Free Zone be established at Judges Place Car Park, Penrith, from 26 March 2018 until 31 October 2021, to align with the expiry date of all Alcohol Free Zones across the city.
Background
Legislative framework
Alcohol Free Zones are designed to assist in minimising alcohol-related antisocial behaviour in public spaces with reported alcohol issues. They are an enforcement ‘tool’ as part of Council’s broader efforts to provide safe, well-utilised public spaces.
Alcohol Free Zones can be established by local councils on local roads, car parks and footpaths, and are enforced by local Police under Section 644 of the Local Government Act 1993.
Any person observed to be consuming alcohol in an Alcohol Free Zone may have the alcohol in their possession immediately seized and tipped out, or otherwise disposed of.
Alcohol Free Zones can be established for a maximum period of four years, and apply 24 hours per day, 7 days per week.
Council currently has 55 Alcohol Free Zones that are enforceable on local roads, carparks and footpaths across the LGA. (The full listing of Alcohol Free Zones is available on Council’s website). These zones were established by Council resolution at its Ordinary Meetings held on 25 September 2017 and 27 November 2017, following a public exhibition process and consultation with local police and key community stakeholders.
Safety concerns at Judges Place Car Park
Judges Place Car Park is Council-managed multi-deck car park located in the Penrith city centre. The three-level car park provides 439 car spaces, including a mix of long and short-stay parking, and is heavily utilised by people working in or visiting the Penrith city centre. The car park is opened by 7.00am daily and closed at 10.00pm daily by Council’s contracted security services provider.
Over recent years, Council officers have been working to address issues of homelessness in the car park, including associated concerns for car park safety and amenity that have arisen.
Council officers continue to work with community service providers to enable people who are homeless to access specialist support services to resolve their homelessness. Council staff have also worked to address safety concerns as a result of personal belongings left in the car park stairwells.
More recently representations have been received from the community and Council officers regarding concerns for safety as a result of alcohol consumption in the car park.
Council officers have also been collecting discarded alcohol bottles during routine maintenance of the car park, including near stairwells and pedestrian walkways.
Although the streets adjoining the car park (Union Lane, Woodriff Street, The Broadway and Station Street) are already established Alcohol Free Zones, this zoning does not extend to the car park itself. An Alcohol Free Zone in the car park would provide a level of consistency for enforcement by local Police and support them to respond to reports of alcohol-related antisocial behaviour in the car park. The zoning would also support other coordinated efforts to address ongoing amenity and safety issues in the car park.
Public exhibition process
In accordance with NSW Government Ministerial Guidelines for the Establishment of Alcohol Free Zones, the procedures for establishing an Alcohol Free Zone are as follows:
1. Advertising of the proposed locations and inviting community comment from the public;
2. Advising holders of liquor licences adjacent to the proposed Alcohol Free Zone;
3. Advising and obtaining approval from the relevant Police Command;
4. Advising the Anti-Discrimination Board of the intention to establish the Alcohol Free Zone;
5. Consideration of any representations made in respect of the proposal.
The abovementioned procedures have been followed to propose an Alcohol Free Zone at Judges Place Car Park.
A public notice was published in the Western Weekender on 25 January 2018 to advertise the proposal, providing a 30-day timeframe for submissions from the public.
This process has now been completed. No objections were received from the public or abovementioned stakeholders in response to this proposal.
As such, and given the issues reported in the car park, it is therefore proposed to establish an Alcohol Free Zone at Judges Place Car Park, Penrith, to align with the expiry date of other Alcohol Free Zones across the city.
Once endorsed, signage will be posted in Judges Place Car Park and Council Officers will liaise with the Chamber of Commerce and Penrith CBD Corporation to advise them of the change so that local businesses and customers can also be informed. This will enable local businesses to report alcohol related activity to Police for action.
Conclusion
The establishment of an Alcohol Free Zone at Judges Place Car Park would provide an additional enforcement tool to minimise alcohol-related antisocial behaviour in the car park. It would also assist in Council’s broader efforts to promote safety and amenity for car park users.
All legislative requirements in relation to the proposal of an Alcohol Free Zone at Judges Place Car Park, Penrith have been met and no objections have been received in response.
It is proposed that Council support the establishment of the abovementioned Alcohol Free Zone from the date of resolution until 31 October 2021, to align with the expiry date of other Alcohol Free Zones recently re-established across the city.
That: 1. The information contained in the report on Establishment of Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith be received. 2. Council support the establishment of an Alcohol Free Zone at Judges Place Car Park, Woodriff Street, Penrith, from 26 March 2018 until 31 October 2021, to align with the expiry date of other Alcohol Free Zones across the City. |
ATTACHMENTS/APPENDICES
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Ordinary Meeting 26 March 2018
2 |
Street and Park Tree Management Plan |
|
Compiled by: John Gordon, City Presentation Manager
Authorised by: Brian Steffen, Executive Manager - City Assets
Outcome |
We care about our environment |
Strategy |
Protect the environment of our City |
Service Activity |
Maintain Council's natural areas |
Executive Summary
The purpose of this report it to advise Council of the outcome of the public exhibition of the draft Street and Park Tree Management Plan.
During the exhibition period Council received two responses from the community. The responses received broadly related to –
· Street Tree Masterplans
· Stand Alone Trees and
· Trees as Assets
Each of the themes identified can be addressed either directly through the plan or through the development of asset management plans. As part of the recent establishment of the City Assets Department it has been determined that trees need to be recognised as an asset class and that the principles of asset management that would typically apply to a building or a road, equally apply to trees. This will force a focus on whole of life management of trees within an asset management framework to help realise their full benefits and value.
In addition to the community responses received an independent arborist has been engaged to review the document, focusing on content, structure and implementation. Feedback received will be incorporated into the plan.
The report recommends that the draft Street and Park Tree Management (attached) plan be endorsed by Council.
Background
The purpose of this report it to advise Council of the outcome of the public exhibition of the draft Street and Park Tree Management Plan.
The draft Street and Park Tree Management Plan was placed on public exhibition between 7 December and 12 January 2018, with submissions received up until 26 January 2018. The draft plan was advertised in the Western Weekender and on “Your Say Penrith”, accessed via Councils web page.
Through the public exhibition period Council received two written responses from the community. The first respondent raised the following issues–
· Residents should be consulted prior to any planting so that they can have input into the type of tree planted in their street.
· Planting themes should be continued through the street.
The second submission raised the following issues –
· Happy to learn that Council has taken the initiative to reassess the way trees are considered on Council property.
· It was good to read the new proposal and see that a lot of the issues that bothered me in the past have been mentioned in such terms that shows that trees will be considered as the valuable assets that they are.
· Any trees growing in groups, they grow tall and thin supported by their neighbours – so please take this into account in the future and consider the surrounding trees before removing any individual.
Response to Submissions
The issues raised by the respondents have been either directly addressed in the plan or form part of Council’s strategy to manage trees as assets.
Planting Themes – this matter will be addressed as part of the development of a Street Tree Masterplan that will complement both the Street and Park Tree Management Plan and Council’s Cooling the City Strategy. The Masterplan will identify species type and location, with a focus on consistency in planting themes across the City. The Masterplan will also be able to incorporate recent suggestions by Councillor Cornish to create avenues of feature planting that create a unique identity for an area or suburb and feature vibrant colours and unique planting themes. The development of such a plan will involve extensive community consultation.
Trees as Assets - As part of the recent establishment of the City Assets Department it has been determined that trees need to be recognised as an asset class and that the principles of asset management that would typically apply to a building or a road, equally apply to trees. This will force a focus on whole of life management of trees within an asset management framework to help realise their full benefits and value.
There is recognition that a significant program of work will be required to establish the necessary baseline information and planning framework. This will include the completion of a city-wide tree inventory to quantify and identify our existing tree population and to collate important including the age of trees, species diversity and any risks that may need to be addressed.
This baseline information will be used to inform the development of a Street Tree Masterplan which will support the strategic management of trees within the City, including annual planting programs, locations, species and planting specifications, pest and disease management and control, and preventative maintenance programs to effectively and efficiently manage risks associated with public trees. Identifying species that will thrive in the forecast climate for Penrith will also be important to ensure their survival over time.
All the information generated through this process will need to be included within Councils asset management system and/or the Geographical Information System to assist with ongoing maintenance, monitoring and asset renewal.
Stand Alone Trees - Large ‘stand-alone’ trees exist in many areas of the City. They are located on roadsides, in parks, in natural areas and on private properties. Many of these trees would have the potential to impact on dwellings or critical infrastructure if they fell.
Whilst it is not possible to provide an accurate number of ‘stand-alone’ trees across the City on both public and private land, it is estimated that the number would be in the thousands.
‘Stand-alone’ trees most at risk are those whose environment has recently changed. When trees that were living in a forest loose the protection of a rim of trees and become ‘stand-alone’ in new housing developments or become the edge trees of the forest they are made more vulnerable to strong weather events such as storms and wind. Trees can also lose the physical protection of surrounding trees that had kept them from breaking or falling. Land clearing may also wound a trees root system or trunk, providing an opportunity for wood decay to develop. Soil compaction and poor drainage associated with development can also impact on the health of ‘stand-alone’ trees and make them susceptible to future failure.
Council currently has in place a range of mechanisms to manage the potential risk associated with ‘stand-alone’ trees on both private and public property.
At the Ordinary meeting of November 27, 2017 Council considered a report on stand-alone trees. Council recommended that –
1. Council’s Draft Street and Park Tree Management Plan be amended to reference the management of ‘stand-alone’ trees.
2. The future development of Asset Management Plans for Trees incorporate risk management strategies (species selection) to limit the potential for large, ‘stand-alone’ trees to be planted in high risk locations.
Accordingly, the plan has been amended (Reference 2.22) to reference ‘stand-alone’ trees, with future asset management plans addressing strategies to minimise risk.
Independent Assessment and Review
In addition to placing the draft Street and Park Tree Management Plan on public exhibition Council engaged the services of an independent arborist to review the content and structure of the plan. Changes suggested by the independent arborist primarily relate to the format and presentation of the document that are designed to make the plan more user friendly and comply with Council’s style guidelines. Whilst this review is currently being finalised, it will not materially impact on the content or intent of the document. Should the review result in any significant changes a further report will be provided for the consideration of Council.
Conclusion
The adoption of the Street and Park Tree Management Plan will provide Council with an effective framework to manage trees in a park and streetscape environment. When coupled with Council’s Cooling the City Strategy and developing Asset Management framework, Council will have in place a robust system for the management of its tree assets into the future.
That: 1. The information contained in the report on Street and Park Tree Management Plan be received. 2. Council endorse the draft Street and Park Tree Management Plan. 3. The plan be regularly reviewed in parallel with the Asset Management Framework and the Cooling the City Strategy. |
ATTACHMENTS/APPENDICES
1. ⇩
|
Street and Park Tree Management Plan |
38 Pages |
Attachments Included |
Outcome 6 - We are healthy and share strong community spirit
There were no reports under this Delivery Program when the Business Paper was compiled
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Outcome 7 - We have confidence in our Council
Item Page
4 Tender Reference RFT17/18-15 Drainage Asset Inventory Data Collection 19
5 2017-18 Borrowing Program 23
6 Summary of Investments & Banking for the period 1 February to 28 February 2018 25
Ordinary Meeting 26 March 2018
3 |
Amendment to location of Electricity Easement over Council Land - Belmore Street Carpark (Lots 43/44 DP175 and Lot 1 DP724427) |
|
Compiled by: Alison Randall, Property Management Officer
Authorised by: Julie Connell, Acting Property Development Manager
Outcome |
We have confidence in our Council |
Strategy |
Be open and fair in our decisions and our dealings with people |
Service Activity |
Respond to community requests for use of Council's land (licences, easements, road closures) |
Previous Items: Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy - Ordinary Meeting - 15 Dec 2014
Executive Summary
Council at its meeting on 15 December 2014, resolved to grant an easement to Endeavour Energy for electricity purposes over Council owned land located within the Belmore Street Carpark (Lot A DP419408).
The proposal involved undergrounding existing overhead cables at no cost to Council and an easement being granted to Endeavour Energy for the consideration of one dollar ($1.00) given the benefit of reduced visual obstruction.
Since this time, the undergrounding works have been completed with final survey identifying the infrastructure is located within Lots 43/44 DP175 and Lot 1 DP724427; not Lot A DP419408.
Accordingly, this report is updating the constructed location of the works to enable registration of the easement to the benefit of Endeavour Energy.
Background
Urban Growth, on behalf of Endeavour Energy, applied to Council in 2014 to create an easement for electricity purposes over part of Council’s Belmore Street Carpark located on the Southern side of Penrith Railway Station. The purpose of the easement was to replace high voltage overhead electricity cables with underground cables to service the new Thornton development. A site plan is listed as Appendix 1.
Council at meeting of the 15 December 2014 resolved to grant the proposed easement for a nominal consideration of one dollar ($1.00). Council and the wider community benefited from the removal of the overhead cable visual obstruction. Urban Growth were responsible for all costs associated with the relocations, undergrounding of the cables, remediation and easement creation. The undergrounding works were completed in 2015.
Upon presentation to Council of the final survey, it was identified that the undergrounding works had occurred on Lots 43/44 DP175 and Lot 1 DP724427 and not on Lot A DP41940 in accordance with the 15 December 2014 report.
Accordingly, this report is updating the constructed location of the works to enable registration of the easement. A diagram of the proposed easement is shown in Appendix 2.
All previous details in accordance with the previous report remain unchanged and it is recommended the easement be granted.
That: 1. The information contained in the report on Amendment to location of Electricity Easement over Council Land - Belmore Street Carpark (Lots 43/44 DP175 and Lot 1 DP724427) be received. 2. Council grant an Electrical Easement over Lots 43/44 DP175 and Lot 1 DP724427 for the consideration of $1.00, with Urban Growth to be responsible for all costs associated with the relocations, undergrounding of the cables, remediation and easement creation. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documents |
ATTACHMENTS/APPENDICES
1. ⇩
|
Location Plan - Easement Belmore Street Carpark |
1 Page |
Appendix |
2. ⇩
|
Proposed Easement |
1 Page |
Appendix |
4 |
Tender Reference RFT17/18-15 Drainage Asset Inventory Data Collection |
|
Compiled by: Truong Vu Nguyen, Asset Information Officer
Authorised by: Hans Meijer, City Assets 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 |
Manage Council's assets to minimise risk, reflect lifecycle costs and meet community needs |
Executive Summary
Penrith City Council sought Tenders from suitably experienced contractors to undertake a reliable and cost effective collection of inventory data and undertake visual assessments of the condition of pit and pipe drainage assets within Emu Plains, Emu Heights and Leonay.
The Tender RFT17/18-15 was advertised in the Western Weekender on 18 January 2018 and the Sydney Morning Herald on 23 January 2018. The tender closed on 21 February 2018.
This report advises Council of the outcome of the Tender process and recommends that the tender from Rapid Map Services Pty Ltd be accepted for the scope of work outlined in the RFT17/18-15 for the Drainage Asset Inventory Data Collection and Visual Condition Assessment of pits and pipes within Emu Plains, Emu Heights and Leonay.
Background
As part of the Council flood mitigation study Council staff have identified that Emu Plains, Emu Heights and Leonay need to be analysed to develop flood mitigation measures. As the existing available Council drainage data for these catchments is outdated and no longer valid for flood modelling, there is a need for comprehensive collection of data within these catchments. This will enable Council to utilise the most contemporary information to develop the flood model for these catchments. Council has allocated a component of its Stormwater Management Service Charge towards its Floodplain Management Program. Accordingly, Council has the funding required to undertake the data capture within the tender.
The purpose of this request for tender is to seek the services of experienced contractors to produce a comprehensive drainage asset database for the dual purpose of enhancing the current Council drainage asset database for drainage asset management and for stormwater flood modelling.
The estimated number of pits in the survey area is 1,500. For the variation above/below these limits the lump sum contract shall be adjusted higher or lower on the rate per pit provided by the tenderer.
The advertised tender (RFT 17/18-15) for the Proposed Drainage Asset Inventory Data Collection and Visual Condition Assessment sought tenders from suitably experienced Contractors to carry out works.
Tenderers were also required to complete price and time schedules and set out the unit rate for the pit and timeframe to complete the entire collection for the Survey.
In response to Council’s request for Tender, four (4) tenders were received electronically via APET 360.
Tender Evaluation Process
The Tender Evaluation Committee consisted of Hans Meijer (City Assets Manager) (Chair), Truong Vu Nguyen (Asset Information Officer) and Dr Elias Ishak (Senior Engineer – Stormwater).
The evaluation criteria advertised and used in assessing the tenders received included the following:
· Company Information
· Conformance, Acceptance and Declaration
· Business References
· Completion of forms
· Demonstrated Ability
· Works Method and Program
· Financials
· Environmental management
· Work Health and Safety
· Quality Assurance Systems.
Tenders Review
A total of four (4) tenders were received from the following companies (listed in alphabetical order) in response to the advertised tender.
Company |
Company Location |
Directors/Key Personnel |
Agis Trading Pty Ltd |
2/6 Sydney Rd, Bayswater Vic 3153
|
Antony Campbell |
Proterra Group |
2 Aubigny Street Toowoomba QLD 4390 |
Sean Rice |
Rapid Map Services Pty Ltd |
Level 9, 17 York Street Sydney NSW 2001
|
Brendan McNamara |
Renew Solutions Pty Ltd |
3/63 - 65 Dover Drive Burleigh Heads Queensland 2485 |
Charles Coathus James Coathus |
Non-Conforming Tenders
There were no non-conforming tenders received and all submissions were considered for further evaluation.
Evaluation of Tenders
The tender documents provided tenderers with indicative total number of pits (1,500) for the Emu Plains study area (Emu Plains, Emu Heights and Leonay) and tenderers were asked to submit a unit rate for pit data capture in each area and the contract value of this tender determines the final number of pits surveyed.
The estimated costs submitted by each tenderer for the 1,500 pits are listed below from lowest to highest.
Company |
Estimated Cost |
Estimated Time (weeks) |
Estimated Resources (crew) |
Renew Solutions Pty Ltd |
$141,275
|
12 |
4 |
Rapid Map Services Pty Ltd |
$180,500 |
8 |
6 |
Proterra Group |
$180,500 |
8 |
4 |
Agis Trading Pty Ltd |
$303,082 |
14 |
2 |
Each Tender was evaluated against the criteria above to determine an initial ranking. Consideration was then given to the Tenderer’s price schedules and estimated completion time to determine the best value for money against the initial ranking. Reference checks were also undertaken.
After a review of the tendered prices it was determined by the Tender Evaluation Panel that there was no advantage to Council in further considering the higher priced tender and, as a result, the highest priced tender was not further considered.
The following tenderers were shortlisted for the second stage evaluation process:
· Renew Solutions Pty Ltd
· Rapid Map Services Pty Ltd
· Proterra Group
The second stage of the evaluation process involved assessing each of the above companies against the evaluation criteria in more detail. Each company provided details of their capability, environmental requirements, quality and work health and safety in performing the specified works.
After further evaluating the 3 shortlisted tenders against the evaluation criteria, the evaluation panel determined that Rapid Map Services Pty Ltd provided the strongest tender. This was primarily based on the following:
· The tender provided by Rapid Map Services Pty Ltd demonstrated the highest level of experience, environmental management, work health and safety and quality assurance systems compared to the other shortlisted tenderers; and
· Rapid Map Services Pty Ltd demonstrated a substantial level of experience in undertaking similar works for Local Government including an understanding of pit data capture requirements which is essential for the works to be undertaken. The evaluation panel viewed this as being of key importance due to the nature of the works required and these levels of experience were later confirmed by reference checks.
Based on these factors, Rapid Map Services was further shortlisted for financial and reference checks.
Conclusion
Based on both price and effectiveness, the Tender Evaluation Panel is of the opinion that Rapid Map Services Pty Ltd has given a competitive rate, has allocated sufficient resources, and can complete the project within the specified timeframe and is therefore recommended as preferred contractor.
Financial Services Manager’s Comment
Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis for Rapid Map Services Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services.
Rapid Map Services Pty Ltd has a very strong level of working capital and positive references regarding their work. They have completed similar works for Onkaparinga City Council, Wentworth Shire Council and Maribyrnong City Council.
There were no adverse findings and the tenderer demonstrated satisfactory financial capacity and positive references regarding their work.
Based on this review, no concerns were raised as to the ability of the company to perform the works described. The works provided for in this tender can be accommodated within Flood Studies funded by the Stormwater Management Service Charge.
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 Drainage Asset Inventory Data Collection. 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.
That: 1. The information contained in the report on Tender Reference RFT17/18-15 Drainage Asset Inventory Data Collection be received. 2. Rapid Map Services Pty Ltd be awarded the contract for the Drainage Asset Inventory data Collection and Visual Condition assessment for Emu Plains, Emu Heights and Leonay for the sum of $180,500 x GST. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 26 March 2018
5 |
2017-18 Borrowing Program |
|
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
The 2017-18 Borrowing Program comprises new borrowings of $7.10 million which is made up of $1m for Infrastructure, $3.2m for the City Centre Renewal and Improvement Program and Shared Pathways, and $2.9m to fund the S94 Lambridge Estate Plan that is currently in deficit, as agreed as part of the Financial Capacity Review. In addition, $4.44 million of loans originally borrowed in 2013 that are now due for renegotiation and renewal.
The loans will be drawn down prior to 30 June 2018 to take advantage of record low interest rates currently available.
Background
The adopted Operational Plan for 2017-18 includes a Borrowing Program that comprises new borrowings of $1 million to fund infrastructure assets. The $1 million infrastructure borrowings were reduced last year from $2.2 million in accordance with Council’s Financial Capacity Review revised Borrowing Strategy which recommended phasing in the removal of General Revenue funded borrowings.
Also included in the 2017-18 borrowings are existing loans totalling $4.44 million that require renewal for the remaining 5 years of their loan term. They were originally borrowed in 2013 for a 5 year fixed term.
Approval is sought from the Council to borrow a total of $11,540,000 consisting of:
· $7,100,000 for a 10 year term
· $4,440,000 for a 5 year term
Loan Application Process
A number of banks and financial institutions will be contacted and asked to submit preliminary quotations for this year’s Borrowing Program. Their responses will be reviewed and fixed quotations obtained. The banks and financial institutions traditionally quote a firm interest rate for 24 hours and Council is required to accept the most favourable quote within this time frame. This process does not allow sufficient time for these rates to be referred to the Council for a decision. The Council has in the past approved the borrowings and provided delegation to the General Manager to negotiate and accept the final terms of the borrowings.
NSW Councils who were assessed as “Fit for the Future” qualify to access the NSW Treasury Corporation (TCorp) Loan Facility. As a result of Penrith City Council being deemed “Fit”, TCorp will also be invited to quote for Council’s borrowings. As part of the 2017-18 loan application process Council will again establish a TCorp Loan Facility and evaluate the loan rates offered through the facility against those quoted by the banks and financial institutions. TCorp will only quote for the new loans due to their policy of not refinancing existing loans. The most favourable rate(s) and terms will be selected.
Details of the quotations received, the evaluation undertaken and the final rates and terms accepted are then reported to the Council once the contracts are finalised.
This report recommends following the same Loan Application Process outlined above, for the 2017-18 Borrowing Program.
That: 1. The information contained in the report on 2017-18 Borrowing Program be received. 2. Council borrow the $11,540,000 to fund infrastructure assets. 3. The General Manager be granted delegated authority to negotiate the loans in accordance with this resolution. 4. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings. 5. The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts. |
ATTACHMENTS/APPENDICES
Ordinary Meeting 26 March 2018
6 |
Summary of Investments & Banking for the period 1 February to 28 February 2018 |
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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 February 2018 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.
The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.
The report provides a summary of investments for the period 1 February to 28 February 2018 and a reconciliation of invested funds as at 28 February 2018.
The investment returns versus the benchmark as a percentage for February 2018 are:
· Council portfolio current yield (including FRNs) 2.46%
· 90 day Bank Bill Swap rate (Benchmark) 1.77%
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 February 2018, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for February 2018 and various Investment Summary and Investment Portfolio analysis tables and charts.
CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER
I hereby certify the following:
1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.
2. Council’s Cash Book and Bank Statements have been reconciled as at 28 February 2018.
Andrew Moore
Responsible Accounting Officer
Executive Summary
That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2018 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 February 2018 to 28 February 2018 be noted and accepted. 3. The graphical investment analysis as at 28 February 2018 be noted. |
ATTACHMENTS/APPENDICES
1. ⇩
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Investments Report |
6 Pages |
Appendix |
Urgent Reports
DELIVERY PROGRAM REPORTS
CONTENTS
Item Page
7 Tender Reference RFT 17/18-18, Splash Pad Installation at Ripples Leisure Centre St Marys 35
Ordinary Meeting - Urgent Report 26 March 2018
7 |
Tender Reference RFT 17/18-18, Splash Pad Installation at Ripples Leisure Centre St Marys |
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Compiled by: Mudassar Fayyaz, Major Projects Coordinator
Matthew Buckley, Major Projects Coordinator
Authorised by: Michael Jackson, City Assets Transition 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 RFT17/18-18 Splash Pad Installation at Ripples Leisure Centre St Marys was advertised in the Western Weekender on 01 February 2018 and Sydney Morning Herald on 06 February 2018. The tender closed on 28 February 2018.
This report advises Council of the outcome of the tender process and recommends that the tender from Farley Pools Australia Pty Ltd be accepted for the full scope of works outlined in RFT 17/18-18 Splash Pad Installation at Ripples Leisure Centre St Marys, for a total amount of $1,400,000.00 (excluding GST).
Background
The Penrith Aquatic and Leisure Board of Directors have requested the installation of a Waterplay Splash Pad at Ripples St Marys to promote healthy recreational activities within the widespread community and to cater the future needs of the growing population in St Marys in particular and Penrith LGA in general.
The scope for the tender was to design and construct a new splash pad facility with a fixed price of $1.4 million set for the tender. Respondents had to propose a scope and concept design to deliver the best outcome for the available $1.4 million budget. The project is funded from Council’s District Open Space S94 Developer Contributions Plan.
Tender Evaluation Process
The Tender Evaluation Committee consisted of Mudassar Fayyaz - Major Projects Coordinator, Matthew Buckley – Major Projects Coordinator, Paul Sheen – General Manager Ripples and was chaired by Wasique Mohyuddin – Acting Design and Projects Manager.
Bill Stanley 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:
· Business References
· Demonstrated Ability
· Works Method and Program
· Financials
· Employment Policies (Apprenticeships)
· Quality Assurance Systems
· Environmental Management Systems
· Work Health & Safety
Initial Tender Review
A full listing of the tenders received is detailed below in price order (ex GST).
Company |
Tendered Price |
Company Location |
Directors |
Farley Pools Australia Pty Ltd |
$ 1,400,000 |
West Kangaroo Flat VIC 3555 |
Peter Farley |
Swimplex Aquatics |
$ 1,400,000 |
30 Cowper St Parramatta NSW 2450 |
Murray Boot |
Wright Pools NSW |
$1,527,107 |
Narabang Way Belrose 2085 |
Doug Wright |
Crystal Pools |
$ 1,785,035 |
Thornleigh NSW 212 |
Peter Stewart |
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All tenders were considered for assessment and were included for evaluation using Apet360 software to provide a ranking for conformance with the evaluation criteria. Preferred tenderer, Farley Pools Australia Pty Ltd had the highest effectiveness ranking.
Evaluation of the Preferred Tender
Following an initial assessment, the tender from Farley Pools Australia Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money compared to the next on the ranking list in terms of effectiveness and price.
The recommended company, Farley Pools Australia 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.
In addition to a better outcome on non-capital assessment, the solution proposed by Farley Pools provides best value for money, being a combination of main activity tower and additional smaller water features. The design provides multiple aquatic themed splash pad features with bollard activated controller and choreographed spray patterns.
The Proposal from Swimplex was for a generic main activity tower and would attract extra cost for features such as interactive splash zones and themed equipment.
The tenders received from Wright Pools NSW and Crystal Pools were above the $1.4 million fixed tender price and failed to provide benefit compared to the correctly priced tenders from Farley Pools and Swimplex.
Recommended Tenderer
Farley Pools Australia Pty Ltd has been in operation since 1997 and have delivered numerous projects of similar nature for Local Government clients. The Project Management team is satisfied with their performance in relation to community, safety and environmental management. Written and verbal references have been checked which were overwhelmingly positive.
The Corporate Scorecard report has raised concerns regarding the scale of this project relative to the prior year turn over, and this has been further investigated. As a business impacted by seasonal factors and with a finite client base being local government pools, the annual turnover has varied significantly year to year throughout the company’s history.
A number of risk mitigation techniques will be employed to ensure that the interests of Council are upheld.
· We will enter into an arrangement to ensure the purchased equipment valued at about $740K which is 50% of $1.4m, the contract value, is transferred to Council’s ownership from the outset so that we retain ownership of the product at all times.
· The project progress would be closely monitored from initiation till closing phase to ensure milestones are delivered according to schedule, cost and quality baselines.
· In the unlikely event of the contractor not being able to deliver the project by the timeline, the site can easily be isolated from the normal centre operations with minimal to no impact on the patrons.
· The progressive payment claims would be strictly mapped against the actual value of works performed on site to mitigate over-payment risk.
Farley Pools Australia Pty Ltd has submitted a program of works to complete the project in 30 weeks and that fits well into our project delivery expectations.
Financial Services Manager’s Comment
Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Farley Pools Australia Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, concerns were raised as to the ability of Farley Pools Australia Pty Ltd to perform the works described. Farley Pools Australia Pty Ltd received an unsatisfactory rating of 2.70 out of 10.00 from Corporate Scorecard Pty Ltd. This rating was largely based on concerns relating to operational efficiency of the Trust and the deteriorating gearing position of the Trust.
Please refer to subheading ‘Recommended Tenderer’ of this report for mitigation techniques to address these financial concerns.
The project is funded from Council’s District Open Space S94 Developer Contributions Plan.
The Ripples project has an allocated Section 94 funding of $2 million, with $1.5 million dedicated for the Splash pad and $0.5m for the carpark extension. The carpark is to be constructed under a separate contract and is not part of this tender.
Tender Advisory Group (TAG) Comment
The objective of the Tender Advisory Group (TAG) 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 were briefed by the Design & Projects team about the background and the process followed. TAG considered the recommendations in relation to the tender for the installation of Splash pad at Ripples Leisure Centre St Marys. 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 of the opinion that Farley Pools Australia Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $1,400,000.00 excluding GST.
That: 1. The information contained in the report on Tender Reference RFT 17/18-18, Splash Pad Installation at Ripples Leisure Centre St Marys be received 2. Farley Pools Australia Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Design and Construction of Splash Pad at Ripples Leisure Centre St Marys for an amount of $1,400,000.00 excluding GST. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary. |
ATTACHMENTS/APPENDICES
DELIVERY PROGRAM REPORTS
CONTENTS
Pecuniary Interests
Other Interests
Monday March 26 2018
Item Page
1 Presence of the Public 1
3 Proposed Licence for Temporary Carparking Purposes - Corner of Rodgers and Somerset Street Kingswood 2
4 Licence over Council Land for Reverse Vending Machine (Container Deposit Scheme) 2
5 Acquisition of Land for Road Widening Purposes - Erskine Park Road Upgrade 3
6 General Manager Recruitment 3
Ordinary Meeting 26 March 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 7
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.
3 Proposed Licence for Temporary Carparking Purposes - Corner of Rodgers and Somerset Street Kingswood
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
4 Licence over Council Land for Reverse Vending Machine (Container Deposit Scheme)
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Outcome 4
5 Acquisition of Land for Road Widening Purposes - Erskine Park Road Upgrade
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Outcome 7
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.
ATTACHMENTS
Date of Meeting: Monday 26 March 2018
Report Title: Street and Park Tree Management Plan
Attachments: Street and Park Tree Management Plan