Council_Mark_POS_RGB

21 June 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 25 June 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 granted to:

Councillor Tricia  Hitchen.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 28 May 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

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Policy Review Committee Meeting - 4 June 2018.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 June 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


 

 

 

Assistant General Manager Craig Butler


Executive Manager - Community Vicki O’Kelly

General Manager
Alan Stoneham

His Worship the Mayor Councillor John Thain



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Brian Cartwright

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GalleryNorth Ward

 

 

Clr Ross Fowler OAM

South Ward

 

 

Clr Kevin Crameri OAM

North Ward

Clr Karen McKeown OAM

South Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Robin Cook

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Executive Managers


 


Oath of Office

 

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

 

 

Affirmation of Office

 

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

 

 

2016 General Election – taken/made at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

 

2018 By-Election – taken/made by Councillor Brian Cartwright on 17 May 2018 and Councillor Robin Cook on 21 May 2018 before the Chief Governance Officer, Stephen Britten, an Australian Legal Practitioner

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2018 MEETING CALENDAR

January 2018 - December 2018

(Adopted by Council - 27 November 2017)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

 

 

 

 

10

 

 

17

 

 

26@

26

30v

28#

25*

23

27@

   

   24^ü

 

29

26#+

 

Policy Review Committee

7.00pm

 

12

12

16

14

4

9

13

3

8

12

10

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (May and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2017-2018 Annual Statements are presented

 

Meeting at which any comments on the 2017-2018 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597

 



UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 28 MAY 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 Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown and Kath Presdee.

 

APOLOGIES

There were no apologies.

 

LEAVE OF ABSENCE         

Leave of absence was previously granted to Councillor Greg Davies for the 24 May 2018 to 3 June 2018 inclusive.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 30 April 2018

93  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 30 April 2018 be confirmed.

                                                                                            

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 21 May 2018

94  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee that the minutes of the Extraordinary Council Meeting of 21 May 2018 be confirmed.

                                         

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Significant interest in Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018 - Item 2 - Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith and Item 3 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith and Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018 - Item 3 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith as he is a director of AFFORD which owns property adjoining the properties mentioned in both reports. Councillor Ross Fowler OAM indicated he would leave the room when these items are considered.

 

SUSPENSION OF STANDING ORDERS

95  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:07pm.

 

Mrs Christine Vella

 

Item 4 – Western Sydney Long Term Strategic Transport Corridor

 

Mrs Vella, affected person, spoke in support of the recommendation. Mrs Vella expressed her concerns and the impacts on residents, community and environment by the proposed corridor. Mrs Vella further stated her support of infrastructure, however, not the damaging impacts to Orchard Hills. Ms Vella concluded by requesting Transport NSW change plans and request Councils support in rejecting proposed corridor and support Council’s submission.

 

Ms Mary Vella

 

Item 4 – Western Sydney Long Term Strategic Transport Corridor

 

Ms Vella, affected person and member of the Castlereagh Action Group, spoke in support of the recommendation. Ms Vella expressed her concerns of the proposed corridor to the residents of Castlereagh, Cranebrook and Llandilo. Ms Vella further explained to Council the lack of consultation with residents of the proposed plans and how these changes will impact on the community, residents home and local businesses of Castlereagh, Llandilo and Cranebrook. Ms Vella requested certainty that the corridor will be the 1951 proposal. Ms Vella presented her support for the 1951 Castlereagh Freeway and congratulated Council on their submission and report recommendation.

 

RESUMPTION OF STANDING ORDERS

96  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 7:21pm.

 

Mayoral Minutes

 

1        Multicultural NSW Advisory Board Visits Penrith City                                                 

97  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the Mayoral Minute on Multicultural NSW Advisory Board Visits Penrith City be received.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting on 7 May 2018                                                                                                                                     

98  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 May 2018 be adopted.

 

 

 

 

2        Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018 - Item 1 - Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre)     

99 RESOLVED on the MOTION of Councillor Aaron Duke seconded Kevin Crameri OAM

That:

1.     The information contained in the report on Rezoning Proposal for 33-43 Phillip Street, St Marys (Station Plaza Shopping Centre) be received.

2.     The Planning Proposal, included as Attachment 3, be sponsored for submission to the New South Wales Government’s Department of Planning and Environment’s Gateway Process.

3.     The General Manager be granted delegation to make minor changes to the Planning Proposal.

4.     The Minister be requested to delegate his authority for Council to finalise and make the proposed amendments to Penrith Local Environmental Plan 2010.

5.     Consultation with the New South Wales Government’s agencies be undertaken in accordance with any Gateway Determination.

6.     The Planning Proposal be placed on public exhibition in accordance with any Gateway Determination.

7.     A report be presented to Council on the submissions received during the public exhibition.

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

For

Against

Councillor Kath Presdee

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 


 

 

2        Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018 - Item 2 - Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith

Councillor Ross Fowler OAM left the meeting, the time being 7:29pm.

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

That:

1.     The information contained in the report on Rezoning Application RZ17/0001: 39-49 Henry Street, Penrith be received.

2.     The planning proposal (provided as Attachment 3) be amended to:

a.   Maintain the current floor space ratio for the site at 3.5:1.

b.   Set a maximum floor space ratio in clause 8.7 Community infrastructure on certain key sites, of Penrith Local Environmental Plan 2010 for Lot 10 DP 788189 at 8.5:1.

c.   Set a maximum floor space ratio in clause 8.7 Community infrastructure on certain key sites, of Penrith Local Environmental Plan 2010 for Lot 1 DP 710350 at 6.5:1.

d.   Remove the proposed amendments concerning the types of community infrastructure and the design excellence competition.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal before submitting it to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

4.     In accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979, Council forward the amended Planning Proposal to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

5.     The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendments to Penrith Local Environmental Plan 2010.

6.     Consultation with the New South Wales Government’s agencies be undertaken in accordance with any Gateway Determination.

7.     The Planning Proposal be placed on public exhibition in accordance with any Gateway Determination.

8.     A report be presented to Council on the submissions received from NSW Government Agencies during the public exhibition.

 

 

 

 

 

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

For

Against

Councillor Kath Presdee

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Jim Aitken OAM

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 

2        Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018 - Item 3 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith

101 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith be received.

2.     In accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979, Council forward a Planning Proposal to amend the Penrith Local Environmental Plan 2010 to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Greater Sydney Commission / Department of Planning and Environment seeking a Gateway Determination.

4.     The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010.

5.     Council undertake community consultation as outlined within any approved Gateway Determination.

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

For

Against

Councillor Kath Presdee

Councillor Bernard Bratusa

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Mark Davies

Councillor Karen McKeown

Councillor Aaron Duke

Councillor Jim Aitken OAM

Councillor Todd Carney

Councillor Tricia Hitchen

Councillor Brian Cartwright

Councillor Marcus Cornish

Councillor Robin Cook

 

 

2        Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018

Councillor Ross Fowler OAM returned to the meeting, the time being 7:33pm.                         

102  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 May 2018, with the exception of Items 1, 2 and 3 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

Procedural Motion

103  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that Item 4 - Western Sydney Long Term Strategic Transport Corridors be considered before all other items of business.

 

4        Western Sydney Long Term Strategic Transport Corridors                                        

104  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Western Sydney Long Term Strategic Transport Corridors be received.

2.    Council endorse the issues and principles contained in this report as the basis for a final submission to Transport for NSW.

3.    Council’s final submission be forwarded to Transport for NSW by 1 June 2018 and a copy be forwarded to all Councillors.

4.    Residents affected by the recommended transport corridors be advised of Council’s Submission.

5.     The submission incorporate the comments of Mary Vella and Christine Vella presented tonight that incorporate information including that bushland is not pristine and has not been groundtroothed, the Land owned by Government is more than the 40% stated and the number of businesses effected is more than 23 if home businesses are included and Councils position is for the tunnel to be extended to Patons Lane to avoid homes on the southern side of Lansdowne Roads.

Councillor Aaron Duke requested names be recorded.

For

Against

Councillor Kath Presdee

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 

1        Submission on Proposed Amendments to Sydney Regional Environmental Plan No. 30 - St Marys                                                                                                               

105  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that consideration of this matter be deferred for discussion at a Councillor Briefing with a view to considering:

  • Incorporating the site as part of the National Park
  • Review of the Employment generated by the overall development of the ADI  site and that committed to by the developer when the development was first proposed.
  • An analysis of the current availability of Employment Lands and the expected demand particularly related to transitional/small star up enterprises in the LGA.

 

2        Amending Precinct Plan for the Central Precinct of St Marys Release Area            

106  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that consideration of this matter be deferred for discussion at a Councillor Briefing.

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

For

Against

Councillor Kath Presdee

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 

3        Penrith Development Control Plan 2014 Amendment - Proposed Road Patterns, Oakdale South Industrial Estate and  Stormwater Drainage Specification for Building Developments                                                                                                    

107  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Penrith Development Control Plan 2014 Amendment - Proposed Road Patterns, Oakdale South Industrial Estate and  Stormwater Drainage Specification for Building Developments be received

2.    In accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000, Council adopt Penrith Development Control Plan 2014, as tabled (provided as Attachment 1), amended in accordance with the recommendations contained within the report.

3.    The General Manager be delegated authority to make any necessary minor changes required to the Development Control Plan 2014 in accordance with Council’s adopted policy position before notification in the newspaper.

4.    In accordance with the Environmental Planning and Assessment Regulation 2000, Council give public notice of its decision in a local newspaper within 28 days, with the Development Control Plan coming into effect immediately upon notification in the newspaper.

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

For

Against

Councillor Kath Presdee

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Karen McKeown

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 


5        Proposed Suburb Name and Arrangements for the Central Precinct of St Marys Release Area

Councillor Aaron Duke left the meeting, the time being 8:04pm.                                                

108  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that consideration of this matter be deferred for discussion at a Councillor Briefing.

 

6        Development Assessment of Aircraft Noise                                                                  

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

That:

1.    The information contained in the report on Development Assessment of Aircraft Noise be received.

2.    A detailed report come back to Council with a map to show a twelve mile radius around area affected under flight paths and the requirements for a 12 mile approach.

 

 

 

 

 

Outcome 3 - We can get around the City

 

7        Tender Reference RFT 17/18-24 for the Construction of New Concrete Paths         

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

That:

1.    The information contained in the report on Tender Reference RFT17/18-24 for the Construction of New Concrete Paths be received.

2.    Mack Civil Pty Ltd be appointed as the preferred contractor for the construction of new concrete paths for a period of three (3) years with an option to extend for a further two (2) by one (1) year periods, by mutual agreement and subject to satisfactory performance, allowing for rise and fall provisions.

3.    KK Consultants Pty Ltd T/As KK Civil Engineering be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unable to provide the service.

4.    Awada Civil Engineering Pty Ltd be appointed as third option contractor to be engaged in the event that the above two contractors are unable to provide the service.

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

 

Outcome 4 - We have safe, vibrant places

 

8        Tender Reference 17/18-25 Mechanical Services Work at the Joan Sutherland Centre                                                                                                                                 

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

That:

1.    The information contained in the report on Tender Reference 17/18-25 Mechanical Services Work at the Joan Sutherland Centre be received.

2.    Ryan Wilks Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the amount of $389,761.00 excluding GST.

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

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

9        The naming of a water area at Leonay Oval                                                                   

112  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown

That:

1.    The information contained in the report on The naming of a water area at Leonay Oval be received.

2.    Council endorse the naming of the water area at Leonay Oval, The Peter ‘Shrek’ Howlett Swamp.

3.    A memorial plaque reflecting the name of the water area be installed.

 

 

Outcome 7 - We have confidence in our Council

 

10      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2018-2019                                                                                                

113  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2018-2019 be received.

2.     The fees payable to the Mayor and Councillors for 2018-19 be set at the maximum level permitted.

 

11      Audit, Risk and Improvement Committee                                                                      

114  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke

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

 

12      Extinguishment of drainage easement - 57 Loftus Street Regentville (Lot Y DP413302)                                                                                                                          

115  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Extinguishment of drainage easement - 57 Loftus Street Regentville (Lot Y DP413302) be received.

2.    Council resolve to extinguish the drainage easement over Lot Y DP413302 in accordance with the conditions listed in this report.

3.    All necessary legal documents required to extinguish the easement be endorsed under delegation.

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

 

14      Organisational Performance Report and Financial Review - March 2018                  

116  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Organisational Performance Report and Financial Review - March 2018 be received.

2.    The Organisational Performance Report and Financial Review - March 2018 as at 31 March 2018, including the revised estimates outlined in this report and detailed in the Organisational Performance Report – March 2018 be adopted.    

 

15      Summary of Investments & Banking for the period 1 April 2018 to 30 April 2018    

117  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 April 2018 to 30 April 2018 be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2018 to 30 April 2018 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2018 be noted.

 

13      Amendments to 2018-2019 Council Fees and Charges - Domestic Waste Charge for the provision of an extra recycling service                                                                    

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

That:

1.    The information contained in the report on Amendments to 2018-2019 Council Fees and Charges - Domestic Waste Charge for the provision of an extra recycling service be received.

2.    The Draft 2018-2019 Fees and Charges, currently on exhibition, be amended by the increase in the additional Domestic Waste Charge for any service with an extra recycling bin, which was proposed to be $35 but now is proposed to be $50 for cost recovery.

3.    Council’s determination in recommendation 2 above be placed on public notice for at least 28 days.

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           2018 NSW State of Origin  

Councillor Bernard Bratusa requested Council send a letter of congratulations, under the Mayor’s signature, to the four Penrith Panthers players: Tyrone Peachey, Nathan Cleary, Reagan Campbell-Gillard and James Maloney on being selected for the 2018 NSW State of Origin.

 

RR 2           Tree Maintenance Program

Councillor Bernard Bratusa requested a memo reply to all Councillors about the maintenance program in place for investigating branches and trees, in particular York Road.

 

RR 3           Sports Committee     

Councillor Bernard Bratusa requested a memo reply to all Councillors on the possibility of the creation of a sports committee to represent NSW rugby and sport in Penrith.

 

RR 4           Personnel Matter       

Councillor Tricia Hitchen requested that a matter be 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.

 

UB 1           Police Legacy Fund  

Councillor Tricia Hitchen requested that $500 from each ward voted works totalling $1500 to be donated to the Police Legacy Fund.                 

119 RESOLVED on the MOTION of Councillor Tricia Hitchen 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.

120 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown that $500 from each ward voted works totalling $1500 to be donated to the Police Legacy Fund.

 

UB 2           Leave of Absence      

Councillor Tricia Hitchen requested a leave of absence from 10 June 2018 to 30 June 2018 inclusive.

121 RESOLVED on the MOTION of Councillor Marcus Cornish seconded 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.

122 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Karen McKeown that leave of absence be granted to Councillor Tricia Hitchen from 10 June 2018 to 30 June 2018 inclusive.

 

RR 5           Asbestos at Northern Road and Maxwell Street, South Penrith

Councillor Mark Davies requested Council investigate the asbestos that is being stored on the side of the road at Northern Road and Maxwell Street, South Penrith after concerns from local residents.

 

RR 6           Triangle Park    

Councillor Mark Davies requested a report back to Council including information on the completion date, final cost of construction, timeline of construction on High Street upgrade and the expected completion date and construction times throughout the day.

 

RR 7           Silicon Dust Northern Road        

Councillor Jim Aitken OAM raised concerns around the management of silicon dust around the Northern Road construction area in Orchard Hills and requested Council investigate this matter.

 

UB 3           Leave of Absence      

Councillor Ross Fowler OAM requested a leave of absence for the 4 June 2018.

123 RESOLVED on the MOTION of Councillor Tricia Hitchen 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.

124 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Todd Carney that leave of absence be granted to Councillor Ross Fowler OAM for the 4 June 2018.

 

RR 8           Penrith Rugby Club   

Councillor Ross Fowler OAM requested Council to take the lead in instigating action to retain a premier Rugby Club in the Region by sponsoring Rugby and inviting Blue Mountain City Council, Hawkesbury Council, Western Sydney University,  NSW rugby and Australian Rugby.

 

RR 9           Llandilo Drive   

Councillor Kevin Crameri OAM requested Council investigate the 70kmph speed limit signs recently installed that are facing both directions.

 

RR 10         Correspondence to FOWSA       

Councillor Kevin Crameri OAM requested Council send a letter to FOWSA and our delegates to see if they have received the previous correspondence and to follow up on responses to questions in relation to his request from the Ordinary Meeting of 30 April 2018.

 

RR 11         Parking at Holy Spirit Parish, St Clair

Councillor Marcus Cornish requested the Local Traffic Committee investigate parking arrangements at the Holy Spirit Parish, St Clair due to safety concerns.

 


 

 

UB 4           Ross Hutchison Foundation       

Councillor Marcus Cornish requested that $500 from each ward voted works totalling $1500 be donated to the Ross Hutchison foundation to help start ‘Nurturing our new stars’ event on 9 June 2018.

125 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

 

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

126 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that $500 from each ward voted works totalling $1500 be donated to the Ross Hutchison foundation to help start ‘Nurturing our new stars’ event on 9 June 2018.

 

Committee of the Whole

 

127 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:44pm.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Compulsory Acquisition by Endeavour Energy for Zone Substation - Part 1/1057945 - 240-250 Jamison Road, South Penrith                                                                           

 

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

 

 

Outcome 4

 

3        Acquisition of Land for Road Widening Purposes - Derby Street & The Northern Road Kingswood 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.

4        Land Transfers from the NSW Office of Strategic Lands (OSL) to Penrith City Council – Nepean River Lands                                                                                                       

 

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

 

5        Mulgoa Road & Jane Street Project (RMS) - Acquisition & Licensing of Council Land                                                                                                                                             

 

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 7

 

6        Creation of Drainage Easement over Council Land at 29 Australia Street St Marys (Lot 69 DP9969)                                                                                                                 

 

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

 

7        Personnel matter                                                                                                               

 

Councillor Tricia Hitchen requested that a matter be 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.

 

 

The meeting resumed at 9:00pm and the General Manager reported that the Committee of the Whole met at 8:44pm on 28 May 2018, the following being present

 

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, 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        Compulsory Acquisition by Endeavour Energy for Zone Substation - Part 1/1057945 - 240-250 Jamison Road, South Penrith                                                       

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

CW2 That:

1.    The information contained in the report on Compulsory Acquisition by Endeavour Energy for Zone Substation - Part 1/1057945 - 240-250 Jamison Road, South Penrith be received.

2.    Council consent to the Compulsory Acquisition of the land by Epsilon Distribution Ministerial Holding Corporation 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.

4.     The sale proceeds be retained in the Property Development Reserve to fund future investments in revenue generating acquisitions or developments.

 

3        Acquisition of Land for Road Widening Purposes - Derby Street & The Northern Road Kingswood Upgrade                                                                                               

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke

CW3 That:

1.     The information contained in the report on Acquisition of Land for Road Widening Purposes - Derby Street & The Northern Road Kingswood Upgrade be received.

2.     Council approve the acquisition of the affected properties in accordance with the terms and conditions listed in this report.

3.     Council proceed (if required) with the compulsory acquisition of the lands described as lots 7 & 8 DP 1238301 for the purpose of road widening in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

4.     Council make an application to the Minister and the Governor for approval to acquire lots 7 & 8 DP 1238301 by compulsory process under section 177(2)(a) of the Roads Act 1993.

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

 

4        Land Transfers from the NSW Office of Strategic Lands (OSL) to Penrith City Council – Nepean River Lands                                                                                        

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown

CW4 That:

1.    The information contained in the report on Land Transfers from the NSW Office of Strategic Lands (OSL) to Penrith City Council – Nepean River Lands be received.

2.    Council accept the transfer of the schedule of lands in accordance with the terms and conditions listed in the report.

3.    Council resolve to classify the land in the schedule and Community Land in accordance with s 31 of the Local Government Act 1993.

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

 

 

 

 

 

 

 

5        Mulgoa Road & Jane Street Project (RMS) - Acquisition & Licensing of Council Land                                                                                                                                    

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright

CW5 That:

1.    The information contained in the report on Mulgoa Road & Jane Street Project (RMS) - Acquisition & Licensing of Council Land be received

2.    Council accept the works in kind package as offered by RMS in lieu of financial consideration for land, easements and licences as detailed in this report.

3.    Council provide concurrence to the Compulsory Acquisition of the land and easements as detailed in the report for nil consideration.

4.    Council agree to licence the land as detailed in the report for nil consideration.

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

 

6        Creation of Drainage Easement over Council Land at 29 Australia Street St Marys (Lot 69 DP9969)                                                                                                                 

RECOMMENDED on the MOTION of Councillor Aaron Duke seconded Councillor Robin Cook

CW6 That:

1.    The information contained in the report on Creation of Drainage Easement over Council Land at 29 Australia Street St Marys (Lot 69 DP9969) be received.

2.    Council grant a Drainage Easement over Lot 69 DP9969 to benefit lots 16-19 DP9969 in accordance with the terms and conditions listed in this report.

3.    Council discharge the existing drainage easement if required over Lot 69 DP9969.

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

 

7                 Personnel matter       

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

          CW7 That the verbal response on Personnel matter be noted.

 


 

 

ADOPTION OF Committee of the Whole

 

128 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marcus Cornish that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 9:03pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

·       Organisation or group they are representing (if applicable);

 

·       Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·       Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·         The interest of the speaker (e.g. affected person, neighbour, applicant,    applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Locals recognised in Queen's Birthday Honours                                                               1

 

2        Retirement of General Manager, Alan Stoneham                                                             3

 

3        Penrith Health Action Plan wins award                                                                              5

 

4        Passing of Freda Whitlam, AM                                                                                          6

 

 

 

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

Mayoral Minute

Locals recognised in Queen's Birthday Honours

           

 

It is my great pleasure to congratulate four local residents recognised in the 2018 Queen’s Birthday Honours list.

 

Karen McKeown

Karen McKeown OAM of Leonay received a Medal of the Order of Australia for her service to local government, to the community of Penrith and to women. She was first elected to Council in 2004 and served as Mayor in 2015-2016 and Deputy Mayor in 2006-07.

 

Cr McKeown has been active locally on many community organisations and committees and has been president of Australian Local Government Women's Association NSW, a role that helped her to deliver on her lifelong passion of advancing women to positions of leadership. She also has a strong commitment to preserving our City’s environment and is passionate about ending homelessness and providing a voice for our growing multicultural community.

 

Marina Laverty

Marina Laverty OAM of Oxley Park received a Medal of the Order of Australia for her service to hockey. She first became involved in hockey in 1973 and has been a coach or player at various hockey associations including the Western Districts Hockey Association and Nepean Hockey Association.

 

Marina has spent many countless hours sharing her love of hockey with her community and encourages whoever she can to take up the sport.

 

Wayne Brennan

Wayne Brennan OAM of Cranebrook received a Medal of the Order of Australia for his service to both rugby league and touch football. He has been an integral part of the Cambridge Park Cranebrook Junior Rugby League Football Club since it began 50 years ago and played over 300 games for the club and coached for 25 years.

 

For his outstanding dedication to the club, Wayne was made an Honorary Life Member in 1991.

 

Catherine Kerr

Catherine Kerr of Emu Plains received a Medal of the Order of Australia for her service to the sport of softball. She had a distinguished career as a player representing the Australian team from 1985-1989 and the Open NSW State Women’s Softball Team from 1981-1991. She was also the Softball Field of Play Manager at both the Sydney 2000 and Athens 2004 Olympic Games.

 

Catherine joined Softball New South Wales as a staff member in 1989, and has been the General Manager since 2002 bringing her wealth of experience and passion to the position.

 

On behalf of the community and Council I would like to take this opportunity to thank each recipient for their contribution to our community and our City and congratulate them once again on receiving our nation’s highest honour.

 

Councillor John Thain

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Locals recognised in Queen's Birthday Honours be received.

 

 

 


Ordinary Meeting                                                                                                   25 June 2018

 

Mayoral Minute

Retirement of General Manager, Alan Stoneham

           

 

 

Penrith Council’s General Manager Alan Stoneham will retire in September after 10 years in the role and 43 years with the organisation.

 

Penrith has changed a great deal since Alan first joined Penrith Council in 1972.

 

Since then Penrith’s population has grown from 60,000 to 204,000 and many new suburbs have emerged, including Glenmore Park, Claremont Meadows, Werrington County, Werrington Downs, Jordan Springs and Thornton.

 

As a Planner, Planning Director and General Manager, Alan has been deeply involved in Penrith’s transformation into an important Regional City.

 

His strategic approach has helped us realise the Penrith of today and created a solid framework and vision for our future City.

 

Alan has worked with Councillors and staff to expand and improve services across the board. Penrith City Children’s Services, for example, has grown from two centres to 26, all of which meet or exceed National Quality Standards.

 

Under Alan’s leadership, Penrith was the first NSW council to establish a Sustainability Team and the award winning 3-bin system.

 

Alan has also always championed Council’s ongoing work to improve, protect and maximise the potential of the Nepean River precinct. This includes securing the first Greenspace Grant and subsequent ongoing grants from state and federal governments.

 

During his tenure he helped secure the Whitewater Stadium as a Sydney 2000 Olympic venue, oversaw the approval of the Penrith Lakes Scheme and the Erskine Park employment area.

 

Local jobs growth has always been among Alan key priorities for Penrith. To create jobs, boost the local economy and expand tourism to the region, he has worked hard to position Penrith as the venue of choice for a wide range of national and international events.

 

Most recently, Alan has been instrumental in attracting and formalising cross regional projects and partnerships, including the landmark Western Sydney City Deal.

 

On behalf of my fellow Councillors I’d like to congratulate Alan on his many achievements and thank him for his professionalism and dedication to Penrith City. I know he has formed many strong and lasting friendships with staff from across our organisation and will be sadly missed. We wish him all the very best for his retirement.

 

 

 

 

Councillor John Thain
Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Retirement of General Manager, Alan Stoneham be received.

 

 

 


Ordinary Meeting                                                                                                   25 June 2018

 

Mayoral Minute

Penrith Health Action Plan wins award

           

 

On Thursday 7 June General Manager Alan Stoneham, Executive Manager Vicki O’Kelly, Governance Manager Glenn McCarthy, Community and Cultural Development Manager Erich Weller and Council officers attended the NSW Local Government Professionals Awards evening. Phillippa Venn Brown from the Nepean Blue Mountains Local Health District and Kate Tye from the Nepean Blue Mountains Primary Health Network also attended. 

 

I am pleased to say that the Penrith Health Action Plan, an initiative led by Council’s Community and Cultural Development department won a highly commended award in the Community Partnerships and Collaboration category.

 

The Penrith Health Action Plan was signed in May 2017 and is a formal agreement between Penrith City Council, Nepean Blue Mountains Primary Health Network and Nepean Blue Mountains Local Health District. It reflects the three levels of government collaborating and working together on health promotion, prevention and early intervention to achieve improved health and wellbeing outcomes for the communities and residents of Penrith City.

 

Already the plan has delivered improved health outcomes through a range of projects and initiatives and to continue this collaboration further, Council has recently met with representatives from the Local Health District and Primary Health Network to commence the development of the 2018-2020 Health Action Plan.

 

Councillor John Thain

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Penrith Health Action Plan wins award be received.

 

 

 


Ordinary Meeting                                                                                                   25 June 2018

 

Mayoral Minute

Passing of Freda Whitlam, AM

           

 

 

It is with great sadness that I note the recent passing of Freda Whitlam AM, long time Penrith resident and passionate advocate for our City.

 

Freda Whitlam was born on 11 September 1920 at Mosman and was educated at Presbytery Ladies College, Pymble and Abbotsleigh Anglican School, Wahroonga. She later graduated from Melbourne University with a Bachelor of Arts degree as well as obtaining a Master of Arts in 1955 from Yale University in the United States of America.

 

Freda moved to Penrith in late 1976 because she saw it as a growing and developing area that aligned with both her passion and experience. Freda assisted with the growth of our area and has a long and outstanding record of achievement within the community.

 

Six months after moving to Penrith, Freda joined the organising sub-committee of the Edinglassie Retirement Village at Emu Plains. From October 1979, Freda conducted weekly classes on subjects of interest to residents. By December 1979, this “School for Seniors” had enthusiastic membership from both residents and members of the general community.

 

The vision and drive to introduce the University of the Third Age (U3A) to Penrith was Freda Whitlam’s vision and it became her lasting passion. In February 1990, Freda initiated a meeting to discuss the establishment of a branch of U3A in Penrith. The Penrith branch known as the “Chifley Chapter” began in 1990 with Freda serving as its first President from 1990-1993. Freda actively encouraged older people to join U3A to become actively involved in learning, no matter their age, education or life situation.

 

As a staunch advocate for the virtues of Penrith, Freda had for almost 20 years been interested in, insisting on and working towards the development of a University in Western Sydney.

 

One of the reasons we have such a high standing University today is due to her years of enthusiastic and unqualified support, lobbying and endorsing this project. It was most fitting that in October 1992, Freda Whitlam was honoured by the University of Western Sydney Nepean with the naming the University’s new general teaching building after her.

 

In September 1999, Freda was again honoured when she was awarded a Doctor of Letters honoris causa degree from the University of Western Sydney, a rare distinction. The award was offered in recognition of her outstanding contributions to the community and to the University and her strong advocacy and contributions towards the ideals of the University.

 

Since moving to Penrith over four decades ago Freda became one of the area’s greatest advocates and regularly sung the praises of the western suburbs to anyone who would listen, often to the detriment of other parts of Sydney.

 

In recognition of the contribution Freda made to our City, I requested a report be brought before Council in 2009 to outline why Freda should have the title of Honoured Citizen of Penrith bestowed upon her. This report was unanimously endorsed by Council and later that year Freda was officially confirmed as an Honoured Citizen of Penrith City.

 

I know I speak on behalf my fellow Councillors when I say that Penrith will be a much poorer place for Freda’s passing.

 

Councillor John Thain

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on the Passing of Freda Whitlam, AM be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 4 June 2018                                                                                                                                    1

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 4 June, 2018

 

 

 

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Brian Cartwright, Robin Cook, Kevin Crameri OAM, Greg Davies, Aaron Duke, Karen McKeown and Kath Presdee.

 

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ross Fowler OAM for 4 June 2018.

 

APOLOGIES

Apologies were accepted from Councillors Bernard Bratusa, Marcus Cornish and Mark Davies.

 

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 May 2018

The minutes of the Policy Review Committee Meeting of 14 May 2018 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Significant  in Item 2 - Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site) as she is a resident of the area the subject of the report.  Councillor Hitchen stated that she would vacate the meeting during discussion of this Item.

 

Councillor Aaron Duke declared a Non-Pecuniary Conflict of Interest – Less than Significant  in Item 2 - Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site) as he has had meetings with the proponent of the development the subject of this report in the course of his employment.

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Annual Update Planning Proposal                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Annual Update Planning Proposal be received.

2.     Council endorses the Planning Proposal provided at Attachment 2.

 

3.     The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council's submission of the Planning Proposal to the Minister for Planning.

 

4.     Council officers forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.

 

5.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal in the lead up to the Gateway Determination.

 

6.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal prior to public exhibition in response to the conditions of the Gateway Determination or negotiations with public authorities and other stakeholders.

 

7.     Council publicly exhibits the Planning Proposal for a period to be specified in the Gateway Determination, and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

 

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

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

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor John Thain

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 2, Councillor Tricia Hitchen left the meeting, the time being 7:06pm.

 

 

2        Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site)                                                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site) be received.

 

2.     Council endorses the Planning Proposal (provided under separate cover and tabled tonight), which is subject to further changes as referred to in resolution 5.

 

3.     Council officers forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.

 

4.     A report be presented to Council following receipt of the Gateway Determination seeking resolution to publicly exhibit a Development Control Plan and Contributions Plan with the Planning Proposal.

 

5.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal referred to in resolution 2:

a.   prior to Council's submission of the Planning Proposal to the Minister for Planning, which will include the resolution of the proposed playing field configuration and provision, and the preparation of proposed LEP 2010 map tiles.

b.   as a result of negotiated changes sought by DPE in the lead up to the Gateway Determination.

c.   prior to public exhibition in response to the conditions of the Gateway Determination or negotiations public authorities and other stakeholders.

 

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

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor John Thain

 

 

Councillor Tricia Hitchen returned to the meeting, the time being 7:29pm.

 

3        Reclassification of Council owned land at 11-13 Chesham Street, St Marys            

RECOMMENDED

That:

1.     The information contained in the report on Reclassification of Council owned land at 11-13 Chesham Street, St Marys be received

2.     A Planning Proposal reclassifying public land at 11-13 Chesham Street, St Marys from Community land to Operational land be submitted to the Department of Planning and Environment seeking a Gateway Determination.

3.     Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

4.     An independently chaired public hearing be held at least 21 days after the close of the public exhibition period.

5.     A planning consultant be engaged to independently chair the public hearing.

6.     A report be presented to Council on the submissions received during the public exhibition and the results of the public hearing.

 

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

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor John Thain

 

 

Outcome 4 - We have safe, vibrant places

 

4        Draft Street Performers Policy                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Draft Street Performers Policy be received

2.     The Draft Street Performers Policy be adopted.

 

 

URGENT BUSINESS

 

UB 1           Request for Leave of Absence   

Councillor Aaron Duke requested Leave of Absence for 23 July 2018.

RECOMMENDED 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.

 

RECOMMENDED that Leave of Absence be granted to Councillor Aaron Duke for 23 July 2018.

 

There being no further business the Chairperson declared the meeting closed the time being 7:37pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 4 June, 2018 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 3 - We can get around the City

 

1        Australian Government Black Spot and Safer Roads Program - Funding Acceptance 2018-19 and 2019-20                                                                                                                  1

 

2        Australian Government Blackspot Program and NSW Safer Roads Program 2019/20 Nominations                                                                                                                        3

 

 

Outcome 4 - We have safe, vibrant places

 

3        North Penrith Community Centre Management Committee                                              9

 

4        Weed Education and Non-Compliance Penalties                                                            11

 

5        Triangle Park and High St Projects - Update                                                                   14

 

6        Expression of Interest (EOI) Tender Reference 17/18-01 - Design and Construction of Soper Place Car Park, Penrith                                                                                         17

 

7        Tender reference 17/18-30 Construction of Grey Gums Oval Amenities                       21

 

 

Outcome 5 - We care about our environment

 

8        Works on private land and drainage works at 2 Mills Road, Londonderry                      27

 

9        RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services) Recommendation Report                              29

 

 

Outcome 6 - We are healthy and share strong community spirit

 

10      RFT17/18-26 for the supply, installation, testing and commissioning of sports field lighting at The Kingsway Rugby League Fields, St Marys                                                               49

 

 

Outcome 7 - We have confidence in our Council

 

11      Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan                                                                                                                                  57

 

12      Councillor Representation on Working Parties and Committees                                    76

 

13      Easements to Epsilon Distribution Ministerial Holding Corporation (T/A Endeavour Energy) for Padmount Substations at 229 Caddens Road, Caddens known as Lot 754 DP1180111                                                                                                                                           79

 

14      2018-19 Borrowing Program                                                                                            81

 

15      Summary of Investments & Banking for the period 1 May 2018 to 31 May 2018           83

 

 

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 2 - We plan for our future growth

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

1        Australian Government Black Spot and Safer Roads Program - Funding Acceptance 2018-19 and 2019-20                                                                                                                  1

 

2        Australian Government Blackspot Program and NSW Safer Roads Program 2019/20 Nominations                                                                                                                        3

 

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

 

 

1

Australian Government Black Spot and Safer Roads Program - Funding Acceptance 2018-19 and 2019-20   

 

Compiled by:               David Drozd, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Provide technical advice on traffic issues and plan for the delivery of roads and shared pathways

      

 

Executive Summary

The purpose of this report is to advise Council of the funding offer obtained under the Federal Government’s 2018/19 Australian Black Spot and 2018-19 to 2019-20 Safer Roads Programs. The report recommends that Council acknowledges acceptance of the 100% funding offered under these programs for both 2018-19 and 2019-20.

Background

In July 2017, both regional and local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2018/19 Federal Government’s Australian Black Spot and Safer Roads Program.

 

Further to these Regional and Local road projects, Council also submitted an application for shared pedestrian cycle path funding under the Active Transport Priority Cycleways Program, which is yet to be announced at the time of writing this report.

 

Current Situation

The RMS Consultative Panel has now assessed Penrith City Council’s projects under the Australian Black Spot and Safer Roads Program.  The RMS has advised that three projects have been approved in 2018/19 under both Programs to the value of $425,000 and these are shown in Table 1 below.

 

TABLE 1.

Projects Approved under the 2018/19 Nation Building Black Spot and Safer Roads Program

 

Program

Project Description

Allocation

Safer Roads Program

Bennett Road and Shepherd Street, Colyton – Improve Traffic Calming. Lighting and sight lines at existing roundabout.

$125,000

Blackspot Program

Andrews Road and Greygums Road, Cranebrook – Install one lane roundabout.

$250,000

Blackspot Program

Pendock Road, Cranebrook – Install Traffic Calming and pedestrian crossing improvements

$50,000

 

TOTAL:

$425,000

 

The funding allocation of $425,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2018/19 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2019, a deadline which can be achieved as preliminary design assessment is currently underway.

 

In addition to these three projects for 2018-19, the RMS have offered two Safer Roads projects for 2019-20. The rationale behind the early offer under this program, is to allow design, approvals and consultation to proceed smoothly in anticipation of construction early in the 2019-20 financial year.

 

The following two projects have been approved in 2019/20 to the value of $310,000 as shown in Table 2 below.

 

TABLE 2.

Projects Approved under the 2019/20 Safer Roads Program

 

Program

Project Description

Allocation

Safer Roads Program

Albert St and Gibson Ave, Werrington – Two median island stop treatments with additional hold lines.

$35,000

Safer Roads Program

Borrowdale Rd, Laycock St and Callisto Dr, Cranebrook – Install one lane roundabout and traffic calming with pedestrian crossing improvements.

$275,000

 

TOTAL:

$310,000

 

The funding allocation of $310,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2019/20 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2020, a deadline which can be achieved noting the early advice regarding this funding.

 

Conclusion

Funding of this level for the two programs, to a total value of $735,000 across 2018-19 and 2019-20 should be recognised as a noteworthy achievement for Council. It is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local and regional roads within the Local Government Area.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Australian Government Black Spot and Safer Roads Program - Funding Acceptance 2018-19 and 2019-20 be received.

2.    Council acknowledge acceptance of grant funding of $735,000 offered for the five successful Black Spot and Safer Roads Projects shown in Tables 1 and 2 for the 2018/19 and 2019-20 financial year.

3.    Council write to relevant State and Federal Members thanking them for their continued support of road safety improvements.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

2

Australian Government Blackspot Program and NSW Safer Roads Program 2019/20 Nominations   

 

Compiled by:               David Drozd, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Provide technical advice on traffic issues and plan for the delivery of roads and shared pathways

      

 

Executive Summary

The purpose of this report is to advise Council of projects being prepared under the Australian Government Blackspot Program and NSW Safer Roads Program 2019/20.  The report recommends that the projects being prepared for submission to the NSW Black Spot Consultative Panel of the Roads and Maritime Services (RMS) be endorsed.

Background

The RMS has invited Council to identify and nominate new conforming projects for the Australian Government Blackspot Program and NSW Safer Roads Program 2019/20, and to forward its submissions to the NSW Black Spot Consultative Panel by 31 July 2018.

 

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

 

The Black Spot Program makes an important contribution in reducing the national road toll under the National Road Safety Strategy and Action Plan.  The Australian Government will provide $744.5 million to the Black Spot Program from the 2013 to 2014 financial year to the 2021 to 2022 financial year, with an on-going commitment of $60 million each year following.

 

Councils are able to apply for projects under the Australian Government Black Spot Programme and the following NSW Government Safer Roads Sub-Programs as follows:

 

• State Black Spot

• Run-Off Road and Head-On

• Pedestrian Safety

• Local Government Road Safety

• Motorcycle Safety

• Intersection Safety

• Cycling Safety

 

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

Project Funding Limitations

 

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

Current Situation

The following five projects, listed in Table 1 (below), are proposed to be submitted by Council’s traffic section for nomination under the Australian Government Blackspot Program and NSW Safer Roads Program 2019/20. 

 

Analysis of the accidents is based on the RMS recorded accident data available to Council for the five-year period from 1 July 2012 to 30 June 2017.  Nominated projects were prioritised according to the number of injury crashes that had occurred over the five-year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.

 

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

 

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

‘Australian Government Blackspot Program and NSW Safer Roads Program 2019/20’

 

Street

Intersection

Injury Crashes

Suggested Improvements

 

Cost

BCR

1

Forrester Road, St Marys

1 Km Blackspot between Glossop St and Christie St

11

Pedestrian and intersection improvements, pedestrian fencing at Griffiths St and Median Island Treatment at Wordoo St

$300,000

7.13

2

Rochford St, St Clair

100m Black Length between Melville Road and Shadlow Cres

3

Median Island Treatment at Rochford St/ Shadlow Cres and at Melville Rd

$75,000

9.35

3

Eighth Avenue, Llandilo

200m Black length between Third Ave to 200m east of Third Ave

3

Provide 2 x Median Island Treatments & pavement widening on Western leg of intersection

$75,000

5.26

4

Colless Street, Penrith

200m Blacklength between Derby Street and Stafford Street

5

2 x Roundabouts being Colless St and Derby St and Colless St and Stafford St

$400,000

5.84

5

Bringelly Road, Kingswood

1.05km Black Length between Wainwright Lane and Smith Street

4

Roundabout at Bringelly Rd and Smith St pedestrian devices at Bringelly Rd with Rodgers St

$250,000

5.50

 

 

 

 

 

TOTAL

 $1,100,000

 

 

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

 

TABLE 2.
List of Sites Under RMS Control & Management

 

Item


Primary Road

Intersecting Street

Total Number of Casualty Accidents (5 yrs)

1

THE NORTHERN

ANDROMEDA

17

2

THE NORTHERN

M4

15

3

MULGOA

M4

15

4

WERRINGTON

GREAT WESTERN

12

5

MAMRE

SADDINGTON

12

6

PARKER

COPELAND

12

7

GREAT WESTERN

RIVER

12

8

PARKER

DERBY

11

9

M4

MAMRE

11

10

GREAT WESTERN

PARKER

9

 

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

 

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

 

The RMS are also progressing with the upgrade of Mamre Road and Saddington Road, St Marys. This intersection upgrade will eliminate turning conflicts and is being funded from the NSW Government’s Pinch Point Program.

 

Conclusion

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Australian Government Blackspot Program and NSW Safer Roads Program 2019/20 Nominations be received.

2.    Council endorse the five projects listed in Table 1 of this report for funding  application to the Roads and Maritime Services under the Australian Government Blackspot Program and NSW Safer Roads Program 2019/20.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

3        North Penrith Community Centre Management Committee                                              9

 

4        Weed Education and Non-Compliance Penalties                                                            11

 

5        Triangle Park and High St Projects - Update                                                                   14

 

6        Expression of Interest (EOI) Tender Reference 17/18-01 - Design and Construction of Soper Place Car Park, Penrith                                                                                         17

 

7        Tender reference 17/18-30 Construction of Grey Gums Oval Amenities                       21

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

 

 

3

North Penrith Community Centre Management Committee    

 

Compiled by:               Judy Cobb, Neighbourhood Facilities Co-ordinator

Andrew Robinson, Facilities Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Work with our communities to improve wellbeing and infrastructure in their neighbourhoods

Service Activity

Manage the use of Council's community buildings

      

 

Executive Summary

Management of North Penrith Community Centre has been administered by a Management Committee, as a Committee of Council appointed under S355 of the Local Government Act 1993, since 1997. In October 2017, after consultation with the Management Committee, management of the facility returned to direct management of Council.

 

The contributions of the outgoing Management Committee were celebrated in September 2017 at the last AGM for the committee.  The Mayor attended the event and personally presented each Committee member with a framed letter of appreciation from Council.  The 20th anniversary of the Community Centre was also celebrated at the event.

 

This report recommends that the S355 committee arrangements for North Penrith Community Centre be formally dissolved. As a result of dissolving the Committee the final financial arrangements will be completed with the closure of the bank account held in the name of North Penrith Community Centre Management Committee.

Background

North Penrith Community Centre is located at 66b Illawong Ave, Penrith.  Council officially opened the centre in September 1997 and established a Section 355 Management Committee to operate the centre on Council’s behalf. 

 

Since inception, the Management Committee has comprised mainly of members from the Penrith Older Women’s Network (OWN) who remain regular users of the centre.  In recent years Committee membership has remained low. Council Officers have regularly attended Committee meetings and assisted with management tasks where required.  Though the Committee managed to achieve a quorum at most meetings the workload of managing the centre predominately fell on the shoulders of two members. 

 

Nepean Community and Neighbourhood Services (NCNS) also operated from the centre between 2013 – 2017. In early 2017 the organisation relocated their workers and programs to Kingswood Park Public School due to ongoing challenges associated with engaging with residents in activities held at the community centre. On occasion, NCNS still hire the venue for its programs.

 

In October 2016 concerns were raised regarding the levels of activity at the centre, and potential safety risks associated with individual committee members being alone while onsite.  Strategies were put into place to manage this risk. Ultimately, and after much discussion with the Committee Members, it was agreed that management of the centre should be returned to Council.

 

Current Situation

 

In October 2017, Council and the Management Committee held a combined Annual General Meeting and 20th birthday celebration for the Centre.  This meeting was attended by past and present committee members, OWN members, Councillor John Thain (Mayor) ex-Councillor Pat Sheehy and Emeritus Mayor (OAM) and Council staff. 

 

The closure of the Management Committee was formally announced at the meeting and the outgoing Committee was acknowledged for its dedication and commitment to the centre.  Each Committee member was presented with a framed letter of appreciation by the Mayor on behalf of Council. 

 

All matters pertaining to the management of North Penrith Community Centre have now been transferred to Council.   Day to day operations have remained the same with all user groups continuing to use the centre as organised with the previous Management Committee.

 

All Committee Management records, books, keys and property have been returned to Council.  There are no outstanding invoices or payments and all remaining funds left in the Committee bank account have been transferred to Council.

 

Conclusion

 

It is recommended that the S355 North Penrith Community Centre Management Committee be formally dissolved through a resolution of Council. As a result of dissolving the Committee  the bank account held in the name of North Penrith Community Centre Management Committee will be closed.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on North Penrith Community Centre Management Committee  be received

2.    The S355 North Penrith Community Centre Management Committee be formally dissolved.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

4

Weed Education and Non-Compliance Penalties   

 

Compiled by:               John Gordon, City Presentation Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain Council's public spaces

      

 

Executive Summary

The purpose of this report is to provide Council with information on the development of an information brochure to inform property owners of the problems associated with weed infestation and to provide information on the potential financial penalties for property owners who do not actively manage weed infestation on their property.

 

The Hawkesbury River County Council (HRCC) generally undertakes the management of noxious weeds across the local government area in accordance with the provisions of the Biosecurity Act 2015. A key element of HRCC’s weed management strategy is community awareness, with activities such as field days, media releases and weed management plans for landowners supporting this approach. Additionally, Council staff are currently developing a weed information brochure that will be provided to all ratepayers with their rates notices. This information will focus on Fireweed, Apple of Sodom and Khaki Weed.

 

Noxious weeds are managed under the provisions of the Biosecurity Act 2015. This act requires property owners to control the movement of weeds on and off their property. This act replaces the Noxious Weeds Act 1993. Under the Biosecurity Act the maximum penalty for a category 1 offence, in the case of an individual is $1,100,000 or imprisonment for 3 years or both, and in the case of a continuing offence, $137,500 for each day the offence continues.

 

The General Manager of the HRCC has recently written to Council seeking an opportunity to brief Council, along with the HRCC Chairman, Councillor Brad Bunting on the significant changes occurring around weed management, with a focus on the transition from the Noxious Weeds Act 1993 to the Biosecurity Act 2015.

 

The report recommends that the information be received and that the Chairman and General Manager of the Hawkesbury River County Council be invited to brief Council on significant changes taking place within the weed management sector.    

Background

The Hawkesbury River County Council is a single purpose authority aiming to administer the Biosecurity Act 2015. The HRCC provides a broad range of weed management services for member Councils – Penrith City Council, Blacktown City Council, Hawkesbury Council and the Hills Shire Council. The organisation takes a nil-tenure, landscape approach to weed management across the region, with a focus on early detection of new incursions and containment of high risk plant species that impact on biodiversity, agriculture and property.

 

The HRCC has 8 Councillors, with Penrith City Council represented by Councillor McKeown OAM, who is the Deputy Chairman and Councillor Cornish.

 

The General Manager of the HRCC has recently written to Council seeking an opportunity to brief Council, along with the HRCC Chairman, Councillor Brad Bunting on the significant changes occurring around weed management, with a focus on the transition from the Noxious Weeds Act 1993 to the Biosecurity Act 2015 and the implications for weed management across the City. It is proposed that this request be accommodated at a briefing in August.

 

Community Education

 

A key strategy in the management of weeds is around community engagement and education. Penrith City Council currently undertakes a range of education programs through its Bushcare management team that engages school children, community groups and Bushcare volunteers. These programs focus in the impact of weeds, weed identification and active participation in weed management programs.

 

To compliment this approach, Council staff are currently developing a weed information brochure that will be provided to all ratepayers with their rates notices (70,000) in July. This information will focus on Fireweed, Apple of Sodom and Khaki Weed, providing information and photographs on each weed and the potential impact they can have on the community. The brochure will also provide a number of website addresses for community members to visit in relation to weed identification, impact and management.

 

A key component of the work undertaken by the HRCC surrounds community awareness, with the aim being to provide the community with an effective level of understanding of weed awareness and management strategies. Key actions identified in the HRCC Operational Plan include –

·    Conduct field days, seminars, weed walks and speak at various community group meetings

·    Use various media to distribute noxious weed information

·    Promote appropriate vegetation management using integrated weed control and management techniques

·    Attend meetings which directly or indirectly affect noxious plant control programs

·    Co-Ordinate an increase in capacity and involvement in the Hawkesbury Landcare Network.

 

The HRCC has allocated approximately $330,000 funding in the current financial year to support these initiatives.

 

Non-Compliance with Bio Security Legislation

 

Noxious weeds are managed under the provisions of the Biosecurity Act 2015. This act requires property owners to control the movement of weeds on and off their property. This act replaces the Noxious Weeds Act 1993. Simply, this legislation means that all private and public land managers must prevent, eliminate or minimise the risk these weeds present. Significant penalties are available under this act for landowners who do not effectively manage weeds on their property.  Under the Biosecurity Act the maximum penalty for a category 1 offence, in the case of an individual is $1,100,000 or imprisonment for 3 years or both, and in the case of a continuing offence, $137,500 for each day the offence continues.

 

 

 

Conclusion

 

The education of the community is a key strategy in the management of weeds within the local government area. In addition to the established education programs implemented by the HRCC and Council’s Bushcare Program it is proposed to complement these activities with an information brochure for all ratepayers that identifies specific problem weeds and strategies for management.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Weed Education and Non-Compliance Penalties be received.

2.    The Chairman and General Manager of the Hawkesbury River County Council be invited to brief Council on the implications of the Biosecurity Act of 2015 and the management of weeds across the City.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

5

Triangle Park and High St Projects - Update   

 

Compiled by:               Michael Jackson, City Assets Transition Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets 

Requested By:            Councillor Mark Davies

 

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

 

Previous Items:           Tender Reference 16/17-14, Triangle Park Upgrade - Ordinary Meeting - 22 May 2017

                                      Tender Reference 17/18-12 - Construction of High Street Stage 1, Penrith - Ordinary Meeting - 26 Feb 2018

                                      Penrith City Centre Public Domain Masterplan - Ordinary Meeting - 25 Feb 2013      

 

Executive Summary

At Council’s Ordinary meeting of Monday 28 May 2018, Clr Mark Davies requested a report back to Council including information on the completion date, final cost of construction, timeline of construction on High Street upgrade and the expected completion date and construction times throughout the day. 

 

This report also advises Council of an accelerated construction timeframe bringing the completion date forward from March 2019 to end of November 2018.

Background

In 2011 Council was successful in securing the City Centre Renewal & Improvement Program (CCRIP) special rate variation which was dedicated to investment in the public spaces of the Penrith City and St Marys Town Centres.  The first project undertaken in this program was the Memory Park upgrade in 2011/2012.  Coachmans Park in St Marys was upgraded in 2012/2013.

 

In 2012 a comprehensive consultative planning process was undertaken for the Penrith City Centre Public Domain Masterplan which was adopted in February 2013.  The process involved the public, stakeholders and Councillors in a consultative process to determine the future direction for the public domain areas in the City Centre.  The Triangle Park, Linear Plaza concept and the general upgrade of finishes and furniture within the City Centre were adopted in that Masterplan.

 

Separately, the Penrith CBD Drainage study was undertaken and confirmed that the Triangle Park was a ‘trapped low point’ in the catchment, meaning that the only escape route for stormwater is via the piped network.  Analysis identified that culvert and inlet capacity from the Triangle Park up to the mid-stretch of High St should be improved to reduce the risk of localised flooding in that lower portion of High St, as had been seen in the February 2012 rain event.  This significant scope of drainage works was added to the streetscape and park works for efficiency.

Triangle Park Construction Project

The Triangle Park construction project tender was awarded to Community Assets & Infrastructure (CA&I) at the Ordinary meeting of 22 May 2017. The budget included $390,000 of drainage culvert works beneath the park itself.  Construction commenced in July 2017 and was expected to be completed by 30 March 2018 (9 months). 

 

During the construction period, a major Sydney Water asset (a large water main) was scheduled to be relocated around the proposed new culvert.  The relocation was designed and approved through the relevant Sydney Water processes and was scheduled to be undertaken by a Sydney Water approved contractor before Christmas.  When excavation for that relocation commenced the existing asset was not constructed in the expected configuration and a redesign, re-approval and reschedule of the shutdown was required.  The asset was located centrally in the works site and clear paths of access needed to be maintained for when the work could take place.

 

With the Christmas period and resource availability within Sydney Water, the redesign and rescheduling of the water main relocation took twelve (12) additional weeks.  When the works were completed, there was a secondary failure related to that work which occurred a week later and which was repaired overnight under emergency protocols by Sydney Water.  This issue cost thirteen (13) weeks of project timeframe and if the watermain had been relocated to schedule, the project could have been completed by 30 March.

 

The park was then able to be completed and was opened to the public progressively from 16 March at the Western end, the mid-section on 21 May, and then fully on 7 June 2018, which is ten (10) weeks after the expected completion date.

 

The Triangle Park tender was awarded for the contract amount of $2,786,612 and contractor variations total $227,797 including $48,000 (21% of variations) in contaminated fill disposal.  Total variations are 8.2% of the contract sum which is within industry expectations for projects involving extensive excavation within a brownfield site.  Sydney Water and Endeavour Energy scope totals $149,221 over and above the original estimated allowances of $60,000. 

High Street Construction Project

The High St Construction project and associated drainage works were awarded at the Ordinary meeting of 26 February 2018 with an expected completion date of 30 March 2019.  Site works commenced on 9 April and are on schedule.  The first section on the southern side of the street was known to be the more complex, and will take longer than the northern side of that stretch.

 

There are larger utility service relocations known and planned for on the corners of the Station St and High St intersection, however these areas will be undertaken as night works due to the traffic implications and in the event of any serious delay the excavation can be covered until the problem can be solved so there will be a much smaller impact on the community and surrounding businesses, and no need for extensive fencing to remain in situ for extended periods.  The required adjustments have been designed and approved by the relevant utility providers, however there is always a risk as was experienced in the Triangle Park.

 

There are trade-offs in any large public works project in a busy centre.  We have been striving to minimise the extent of excavation to one stretch at a time, whereas the quickest overall construction method would be to undertake the entire project simultaneously.  In addition we have been imposing noise limitation periods in an effort to provide a more attractive lunch time trade period for eating and shopping.  Earlier starts have also allowed the noisiest activities to be undertaken before the bulk of businesses open.  These efforts have been appreciated by the business community surrounding the works.

 

Following intensive site investigations and design work in conjunction with the utility providers there has been identified a surplus in the allowances made for utility relocation costs in the order of $420,000.  This does allow the budget opportunity to pursue acceleration options with the contractor.  It has been proposed that double shifts and extended nightworks be undertaken to bring the program completion forward to the end of November.  The contractor has supplied an acceleration costs proposal consistent with the above and we propose to accept it as it is within the current awarded sum. 

 

There will be much larger areas of simultaneous works however the overall impact to the High St will be reduced by 4 months to the end of November 2018.

 

A revised communication plan will be rolled out as a matter of urgency to communicate regarding the increased short-term impacts of this acceleration.

 

 

 

RECOMMENDATION

That the information contained in the report on Triangle Park and High St Projects - Update be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

6

Expression of Interest (EOI) Tender Reference 17/18-01 - Design and Construction of Soper Place Car Park, Penrith    

 

Compiled by:               Kumar Rethnasamy, Major Projects Co-ordinator

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

Expressions of Interest (EOI) Tender Reference 17/18-01 - Design and Construction of Soper Place Car Park, Penrith, was advertised in the Western Weekender on 22 February 2018 and the Sydney Morning Herald on 27 February 2018 and 27 March 2018. The EOI closed on 9 May 2018.

 

This report advises Council of the outcome of the EOI process and recommends that selective tenders be invited from the following companies:

 

·    ADCO Construction

·    Hindmarsh Construction

·    Richard Crookes Construction

·    St Hilliers Construction

·    Taylor Construction Group

 

Background

The second stage of tendering will require the invited companies to bid on the Design and Construction (D&C) of a;

 

·    Multi Deck Car Park OR

·    Multi Deck Car Park & Multi-Storey Commercial Office Building.

 

Council awarded a design services contract at the Ordinary meeting of 30 April 2018.  Before a concept is selected for development, there will be a further report to Council on the outcomes of that design work which is currently being undertaken.

 

The works to be performed under the second stage of tendering D&C of Soper Place Car Park, Penrith will include:

 

·    Managing a novated team of designers to take the concept design through to detailed design using the Principals Project Requirements (PPRs)

·    Compiling and lodging the Development Application (DA) on behalf of council until consent is granted.

·    Obtain a Construction Certificate (CC)

·    Construction of the selected concept. 

 

All works are to be carried out in accordance with the subsequent tender pricing and specifications to be provided to a short-listed Respondent as accepted by Council as a suitably qualified company to undertake the D&C services.

 

EOI Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Ari Fernando (Major Projects and Design Coordinator), Kumar Rethnasamy (Major Projects Coordinator) and was chaired by Michael Jackson (Design & Projects Manager).

 

Allyce Langton from Council’s Procurement team performed the role of tender administration for this EOI.

 

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

 

·    Business References

·    Demonstrated Ability

·    Scheduling

·    Financials

·    Environmental Requirements

·    Quality Assurance Systems

·    Work Health & Safety

 

Initial Tender Review

 

A full listing of the tenders received is detailed below in alphabetical order.

 

Company

Company Location

Directors

ADCO Construction

7-9 West St,

North Sydney NSW 2000

Bob Hill, Judy Brinsmead, Richard Carmont, Paul Chapman

Australian First Construction Group Pty Ltd

1-17 Elsie Street

Burwood, NSW, 2134

Zirian Fatah, Alan Aziz, Sarbast Fatah

Haslin Constructions Pty Ltd

2-4 Merton St, Sutherland NSW 2232

Colin Woods

Hindmarsh Construction

25 Bligh Street

Sydney NSW 2000

John Hindmarsh, Rowan Hindmarsh, Stewart Hindmarsh

Infinity Constructions Group

290 Botany Road Alexandria NSW 2015

Chris Beverley, Alan Yazbek, Theo Orfanos, Jason Chung, Bakhous Elaro, Lachlan Cordato, George Dieri

Richard Crookes Constructions

4 Broadcast Way, Artarmon NSW 2064

Richard Crookes, Lynne Crookes, Jamie Crookes, Annabel Crookes,

Hamish Crookes

St Hilliers

8 Windmill Street,

Millers Point NSW 2000

Tim Casey

Taylor Construction Group Pty Ltd

157 Walker Street,

North Sydney NSW 2060

Mark Taylor, Clive Wickham,Hugh Martin, Elena Potenza

 

All tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating.

 

 

 

 

Evaluation of the Preferred Tender

 

Of the 8 tenders, 5 were evaluated to have the necessary experience, resourcing & scale to undertake the design and construction of either a:

 

·    Multi Deck Car Park OR

·    Multi Deck Car Park & Multi-Storey Commercial Office Building. 

 

The tenders received from ADCO Constructions, Hindmarsh Construction, Richard Crookes Construction, St Hilliers Construction and Taylor Construction Group were selected based on their:

1)   Compliance with the tender evaluation criteria,

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

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderers.

 

Financial Services Manager’s Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on the following companies

 

·    ADCO Construction

·    Hindmarsh Construction

·    Richard Crookes Construction

·    St Hilliers Construction

·    Taylor Construction Group

 

These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no significant concerns were raised as to the ability of the above-mentioned companies to participate in the selective tender process proposed. It is strongly suggested that a further comprehensive financial analysis is conducted prior to engaging these companies on large projects related to this EOI.

 

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 Executive Manager City Assets, Brian Steffen, Governance Manager, Glenn McCarthy and Expenditure Accountant, Daniel Moore, met to consider the report and recommendations in relation to the tender for the Design and Construction of Soper Place Car Park, Penrith. It was noted that the recommended process is to invite tenders from the companies shortlisted in the EOI process, consistent with the provisions of the Local Government (General) Regulation 2005. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendation.

 

Conclusion

 

The Tender Evaluation Committee is in the opinion that the following companies;

 

·    ADCO Construction

·    Hindmarsh Construction

·    Richard Crookes Construction

·    St Hilliers Construction

·    Taylor Construction Group

 

be invited to submit tenders in the second stage as part of a selective tender process.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Expression of Interest (EOI) Tender Reference 17/18-01 - Design and Construction of Soper Place Car Park, Penrith  be received

2.    Selective tenders be invited from the following companies for the Design & Construction of Soper Place Car Park:

·      ADCO Construction

·      Hindmarsh Construction

·      Richard Crookes Construction

·      St Hilliers Construction

·      Taylor Construction Group

 

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

7

Tender reference 17/18-30 Construction of Grey Gums Oval Amenities   

 

Compiled by:               Michael  Shahidi, Project Officer

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 17/18-30 Construction of Grey Gums Oval Amenities, Cranebrook was advertised in the Western Weekender on 10 May 2018 and Sydney Morning Herald on 15 May 2018. The tender closed on 13 June 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Coverit Building Group Pty Ltd be accepted for the full scope of works portion 1 2 and 3 outlined in RFT17/18-30 Construction of Grey Gums Oval Amenities, for a total amount of $992,600.00 (excluding GST).

Background

Penrith City Council has secured funding for the construction of Amenities at Grey Gums Oval, Cranebrook. Construction of amenities that provides a club room, new canteen, accessible ramp, accessible toilet, first aid and umpires room and 3 storage facilities for; Penrith Rams Senior AFL, Penrith Giants Junior AFL and Cranebrook Little Athletics groups.

This is stage 2 of the overall project. Stage 1 consisted of an awning extension and hardstand area on the neighbouring building, and the unfunded Stage 3 is planned to include an internal reconfiguration of the neighbouring building to create two new large change rooms with showers and toilets.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Rosemarie Canales, Architectural Supervisor - Design and Projects and Michael Shahidi, Project Officer - Design and Projects and was chaired by Michael Jackson - Design and Projects Manager

 

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

 

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

 

·    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

Coverit Building Group

$992,600

Penrith NSW

Shane Comans

Alpall Builders

$1,013,200

Springwood NSW

David Crum

API Commercial

$1,059,292

Emu Plains NSW

Mark Simpson

Ben Simpson

Athol Simpson

Haider Engineering & Construction

$1,173,000

St Marys NSW

Waheed Haider

Kellyville

$1,449,890

Kellyville Ridge NSW

B Bruton , M Bruton

2020 Project

$1,496,980

West Pennant Hills NSW

Joe Touma

Maic Property Services

$1,657,909

Seven Hills NSW

Lyndon Stafford

Cranebrook Construction

$1,715,559

Cranebrook NSW

Phil Mcnamara

Ausco NSW

Nonconforming

 

Seven Hills NSW

Anthony Walsh, Ben Knight, George Petrohilos and Roger Bradford.

 

Only tenders within available budget were considered for assessment and were included for evaluation using Apet360 software to provide a ranking for conformance with the evaluation criteria. Tenders submitted within available budget were submitted by Coverit Building Group, Alpall Builders and API Commercial.

 

Other tenders were not considered for the evaluation as their tender price was higher than available budget.

 

Ausco NSW submitted an alternative tender only and therefore was considered a nonconforming tender and was not included in the evaluation.

 

Evaluation of the Preferred Tender

Following an initial assessment, the tender from Coverit Building Group 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, Coverit Building Group 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. 

 

Recommended Tenderer

Coverit Building Group is currently Penrith Council’s first preferred contractor for building maintenance works and has completed number of projects recently including St Marys library refurbishment and Regentville Hall Shed and Freezers.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Coverit Building Group Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded. The report recommends acceptance of the tender by Coverit Building Group Pty Ltd, with sufficient funds being available.

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 Executive Manager City Assets, Brian Steffen, Governance Manager, Glenn McCarthy and Expenditure Accountant, Daniel Moore were briefed by the Design & Projects team about the background and the process followed. The TAG considered the recommendations in relation to the tender for the Construction of amenities at Grey Gums Oval, Cranebrook. It was noted that the recommended proposal is the lowest cost and that the contractor has demonstrated experience in undertaking similar projects. 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 Coverit Building Group Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $992,600.00 excluding GST.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender reference 17/18-30 Construction of Grey Gums Oval Amenities be received

2.    Coverit Building Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of Grey Gums Oval Amenities for an amount of $992,600.00 excluding GST.

 

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

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

8        Works on private land and drainage works at 2 Mills Road, Londonderry                      27

 

9        RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services) Recommendation Report                              29

 

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

 

 

8

Works on private land and drainage works at 2 Mills Road, Londonderry   

 

Compiled by:               Alexx Alagiah, Asset Systems Engineer

Authorised by:            Hans Meijer, City Assets Manager  

 

Outcome

We care about our environment

Strategy

Protect the environment of our City

Service Activity

Maintain Council's drainage infrastructure

      

 

Executive Summary

Funding for drainage improvement works at the corner of Mills Road and Sutherland Road, Londonderry is included in the draft 2018/19 Drainage Construction program included within the proposed 2018/19 Operational Plan. Part of the work includes the removal of sediment within private property that originated within Councils’ road reserve.

 

Under S67 of the Local Government Act 1993 , A Council’s resolution is required where works are proposed to be undertaken on Private Property and the property owner is not to be charged for works performed. It is recommended that Council fully fund the removal of approximately 10 tonnes of sediment from within the property in conjunction with the drainage works at the corner of Mills Road and Sutherland Road, Londonderry

Background

In October 2015 a significant storm event occurred which had several impacts across the Penrith Local Government Area. One of these impacts, brought to Council staff attention by the property owners of 2 Mills Road, Londonderry, was the deposit of road material from Sutherland Road, Londonderry (unsealed at the time) into the property owners dam. The owners have requested Council remove the sediment from the dam. There is estimated to be 10 tonnes of material to be removed with an estimated removal and disposal cost of $3,000.

 

To minimise a re-occurrence of such an event, Sutherland Road has since been sealed and a drainage design has been undertaken that directs water along Sutherland Road/Mills Road road shoulder rather than directing water from Sutherland Road  into the property owner’s dam. Funding for the drainage works, including removal of sediment from 2 Mills Road, Londonderry, is included in the 2018/19 Drainage construction program.

 

Under Sect 94 of the Roads Act 1993:

“94 Roads authority may carry out drainage work across land adjoining public road etc

(1)  A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road. “

 

Conclusion

 

As such, Council has the authority to undertakes the work and it is recommended that Council agree to the sediment removal works being undertaken.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Works on private land and drainage works at 2 Mills Road, Londonderry be received

2.    Council agree to the sediment removal works being undertaken on private  property at 2 Mills Road, Londonderry at no cost to the property owner

3.    The property owners be advised of Council’s resolution.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

9

RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services) Recommendation Report   

 

Compiled by:               Tracy Chalk, Waste and Resource Recovery Manager

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

 

Outcome

We care about our environment

Strategy

Support our community to use resources wisely

Service Activity

Manage resource recovery and waste collection services

      

 

Executive Summary

Council’s Waste and Resource Recovery Strategy was endorsed and adopted at the Ordinary meeting of Council held 25 September 2017. The Strategy set the objectives of Council’s suite of Waste and Resource Recovery Request for Tender Specifications which have resulted in the recommendations of this report.

 

Penrith City Council provides waste management services to the Community through a number of service contracts for waste and resource collections, as well as waste and resource processing/disposal services. Council’s existing contracts for waste management services are due to expire on 30 June 2019.

 

In November 2017, Council invited tenders through a public tender process for the waste management services to commence on 1 July 2019, as follows:

 

RFT17/18-07       Waste and Resource Collection Services*

 

RFT17/18-08       Waste and Resource Processing/Disposal Services including four separable Parts for the following:

 

Part A         Garbage Processing and/or Disposal Services

Part B         Recycling Processing Services

Part C         Organics Processing Services

Part D         Bulky Clean Up Processing and/or Disposal Services

 

*The Effluent Service was included as a stand-alone optional service.

 

A Probity and Evaluation Plan was adopted governing the processes for evaluation. An Evaluation Panel was established to undertake the evaluation of the tenders in accordance with the Plan.

 

This report outlines the Tender evaluation process undertaken by the Evaluation Panel. A thorough examination of the tenders and an assessment of the service rates has resulted in the recommendations included at the conclusion of this Report.

 

Introduction

 

In addition to the Penrith Waste and Resource Recovery Strategy, the RFT 17/18 07 and 17/18-08 tender specifications have been informed by the working party input, waste audits, current contract experience, community consultation, regional and alliance considerations and regulation. Such background provided confirmation of the continuing community support for Council’s Strategy which in turn set the objectives of Council’s suite of Waste and Resource Recovery Contract Specifications. In November 2017, Council invited tenders through a public tender process for the waste management services to commence on 1 July 2019, as follows:

 

RFT17/18-07       Waste and Resource Collection Services*

 

RFT17/18-08       Waste and Resource Processing/Disposal Services including four separable Parts for the following:

 

Part A         Garbage Processing and/or Disposal Services

Part B         Recycling Processing Services

Part C         Organics Processing Services

Part D         Bulky Clean Up Processing and/or Disposal Services

 

*The Effluent Service was included as a stand-alone optional service.

 

A ten-year contract term from 2019 to 2029 was determined and responses were required to four identified waste and recoverable streams, as follows:

 

·    Domestic (current residential services)

·    Public Spaces (parks, street litter bins, public spaces)

·    Commercial/Mixed (commercial premises in mixed use developments)

·    Civic (Council facilities including child care centres)

 

Tenders were required in their complying tenders to meet and demonstrate both strategic and operational requirements of the Request for Tender.

 

The major requirements are as follows:

 

Strategic

 

·    Consistency with Penrith’s Community Strategic Plan (CSP) and City Strategy

·    Alignment with the objectives and targets of the NSW Waste & Resource Recovery Strategy

·    Consistency with the Western Sydney Regional Waste & Resource Recovery Strategy and the Regional Strategic Alliance-Waste and Resource Recovery Strategy Management Group

·    Waste Less Recycle More grant funding opportunities

·    Diversion towards the new EPA target of 70% with capacity for contractors to demonstrate continued improvement in waste minimisation and diversion

 

Operational

 

·    Introduction of collection and disposal across all Council managed waste streams

·    Services to meet the infrastructure requirements set under Council’s Waste Management Development Control Plan

·    Evidence of the capability to meet the delivery of a safe, cost effective, innovative and accessible waste management service for Penrith residents and contractors

·    Introduction of further technology and innovation in monitoring and compliance mechanisms

·    Environmental Compliance requirements for nominated processing facilities; e.g., odour control, leachate monitoring

·    Identification of leading technologies and innovation opportunities for Council consideration as they become available over time

·    Maintenance of four kerbside clean ups per annum and additional on a user pays basis

·    Weekly and fortnightly cost options for residual garbage collection

·    Options for varied capacity recycling bins

·    Diversity and flexibility in the use of the contractors’ fleet with regard to collection times and vehicle use including the identification of high traffic zones; e.g., hospital

·    Use of vehicle presentation as “Billboards” for Council messaging

·    Reduction of service options for easier understanding by residents - currently there are over 20 options - this will be reduced to five basic options

·    Equity of service for all single unit dwellings - no rural or urban difference in service

·    Consistency in collect and return services – this will improve and maintain amenity in higher density developments and surrounds

 

Opportunities for improvement or innovation from the contractor were also sought.

Tenders were received via Council’s electronic tendering system.

 

Tender and Contract Development Team

 

Key External Support

 

Because of the complexity and value of the waste contracts a team of experts were engaged to support the tender process. These experts include:

 

·    AECOM Australia Pty Ltd - Project Managers and Technical Advisors

·    Impact Environmental Consulting Pty Ltd - Tender and contract development

·    Procure Group Pty Ltd - Probity Advisors

 

A Probity and Evaluation Plan was adopted governing the processes for evaluation. An Evaluation Panel was established to undertake the evaluation of the tenders in accordance with the Plan.

 

The Tender Evaluation Panel reported to the Executive Waste Steering Group throughout the evaluation process.  The Executive Waste Steering Group comprised Assistant General Manager – Craig Butler, Executive Manager Environment and City Development - Wayne Mitchell, Chief Financial Officer - Andrew Moore, Executive Manager City Assets - Brian Steffen and Chief Governance Officer – Stephen Britten.

 

Tender Evaluation Panel Structure and Membership

 

Evaluation Coordinators

Tracy Chalk (PCC)

Katherine Driscoll (IEC) and

Einion Thomas (AECOM)

Tender Evaluation Panel

Aisha Poole (PCC)

Ron Smith (External Consultant) and

Katherine Driscoll (IEC)

Non-Scoring Tender Panel

James Creer (PCC)

Amanda Adams-Bennett (PCC)

John Gordon (PCC)

Jane Howard (PCC)

Matthew Bullivant (PCC) and

Chani Lokuge (AECOM)

Alternative Waste Facility Technical Advisor

Chani Lokuge (AECOM)

Financial Capacity & Verification

Neil Farquharson

 

RFT17/18-07       Waste and Resource Collection Services Tender

 

Submissions for RFT17/18-07 comprised conforming tenders from:

 

-     Cleanaway Pty Ltd (Cleanaway)

-     J J Richards & Sons Pty Ltd ( J J Richards)

-     Remondis Australia Pty Ltd (Remondis)

-     SUEZ Recycling & Recovery Pty Ltd (SUEZ)

-     URM Environmental Services Pty Ltd (URM)

 

The tenders for each individual Part were evaluated separately. In accordance with the Request for Tender specifications any tenderer wishing to submit a non-conforming tender must have submitted a conforming tender for that Part.

 

Cleanaway lodged a non-conforming tender for a term of 12 years. Remondis provided a non-conforming tender on the basis of an alternate rise and fall calculation methodology. SUEZ lodged a number of non-conforming tenders, some of which were for combined offers if RFT17/18-07 and RFT17/18-08 were awarded together, with others relating to alternate contract terms and variations.

 

Tenders were assessed on both the non-price and price components of each tender. The following Table 1 outlines the consensus scores out of 10 (and the weighted scores out of 100) agreed by the Evaluation Panel for the non-price tender criteria:

 

TABLE 1         WASTE AND RESOURCE COLLECTION SERVICES TENDERS – NON-PRICE SCORES

 

CRITERIA

CLEANAWAY

J J RICHARDS

REMONDIS

SUEZ

URM

CONFIDENCE IN THE TENDERER

6

8

8

9

5

SERVICE METHODOLOGY

7

8

8

8

5

FRONT LINE RESOURCES

6

8

8

8

4

SUPPORT RESOURCES

6

7

8

8

5

INNOVATION

6

8

7

8

5

WEIGHTED SCORE OUT OF 100

63

77

80

82

49

The Evaluation Panel proceeded to evaluate the Tenders for the tendered rates offered.

Annual total costs for the kerbside collections and the corresponding price scores are outlined in Table 2 as follows:


 

 

TABLE 2                      WASTE AND RESOURCE COLLECTION SERVICES TENDERS - PRICE SCORES

 

PRICE SCORES

CLEANAWAY

J J RICHARDS

REMONDIS

SUEZ

URM

Annual Total

10 Year Term

$15,376,790

$15,973,837

$13,811,517

$13,477,039

$17,544,455

PRICE SCORE OUT OF 100

89

85

98

100

76

 

Non-price and price scores were then added to provide an overall score as detailed in Table 3 below:

TABLE 3                      WASTE AND RESOURCE COLLECTION SERVICES TENDERS - TOTAL SCORES

EVALUATION PANEL SCORES

NON-PRICE SCORE (OUT OF 100)

PRICE SCORE (OUT OF 100)

WEIGHTED                TOTAL OUT OF 100)

CLEANAWAY

63

89

73

J J RICHARDS

77

85

80

REMONDIS

80

98

87

SUEZ

82

100

89

URM

49

76

60

The Evaluation Panel scored the tender from SUEZ Recycling and Recovery Pty Ltd as presenting the overall highest score and representing the best value for money.

The Evaluation Panel concluded that the ten (10) year tender from SUEZ Recycling and Recovery Pty Ltd could be recommended to Council.

 

SUEZ also provided a range of non-conforming tenders in the event that both the Waste and Resource Collection Services (RFT17/18-07) and the Waste and Resource Processing/Disposal Services (RFT17/18-08) were awarded. These non-conforming tenders are discussed following RFT17/18-08 Waste and Resource Processing/Disposal Services.

 

The non-conforming tenders from Cleanaway and Remondis were not considered further once the preferred tenderer had been established by the Panel.  Analysis of the non-conforming tenders by Cleanaway and Remondis did not provide Council with a solution that was more advantageous or better value for money than provided by the SUEZ solution.

 

Effluent Services

 

The Effluent Service was included as a stand-alone optional service under RFT17/18-07 Waste and Resource Recovery Collection Services.

 

The Evaluation Panel reviewed three proposals for Effluent Services, one from Remondis, one from Cleanaway and a third from SUEZ.  It was considered that these proposals were not advantageous to Council.  This was based on the understanding that it was mandatory to only take the Remondis service if the other Remondis collection services were taken up and the significant prices of the Cleanaway and SUEZ proposals.  Accordingly, it was not considered advantageous to Council to accept any of these proposals.

 

Council has power to reject all tenders under s.178 of the Local Government (General) Regulation 2005 and having rejected all tenders and, giving reasons why it would not be advantageous to call fresh tenders, it can decide to negotiate with any person or company on the subject matter of the tender.  It is suggested that a negotiation agreement and negotiation strategy be developed and implemented for this process to the satisfaction of the Chief Governance Officer.

 

It is understood that Hawkesbury City Council is undertaking a tender in its Local Government Area and may be willing to consider extending this to the small number of services in the Penrith Local Government Area.  It is certainly worth discussing this with Remondis, Cleanaway and SUEZ.  There are a number of smaller operators in the area who could also provide the service, but who may not bid in a formal Council tender process.  Given the above, it is believed that this provides the reason and justification to not call for fresh tenders.

 

RFT17/18-08       Waste and Resource Processing/Disposal Services

 

Submissions for RFT17/18-08 comprised conforming tenders from:

 

Part A         Garbage Processing and/or Disposal Services

BINGO Recycling Pty Ltd/Re.Group Pty Ltd (BINGO)

SUEZ Recycling & Recovery Pty Ltd (SUEZ)

 

Part B         Recycling Processing Services

Polytrade Pty Ltd (POLYTRADE)

VISY Paper Pty Ltd (VISY)

 

Part C        Organics Processing Services

Australian Native Landscapes (ANL)

SUEZ Recycling & Recovery Pty Ltd (SUEZ)

 

Part D        Bulky Clean Up Processing and/or Disposal Services

BINGO Recycling Pty Ltd/Re.Group Pty Ltd (BINGO)

SUEZ Recycling & Recovery Pty Ltd (SUEZ)

SUEZ also lodged a number of non-conforming tenders, some of which were for combined offers if RFT17/18-07 and RFT17/18-08 were awarded together

 

Tenders were assessed for both the non-price and price components of each tender in each separable Part.

 

Part A        Garbage Processing and/or Disposal Services

 

The following Table 4 outlines the consensus scores out of 10 (and the weighted scores out of 100) agreed by the Evaluation Panel for the non-price tender criteria in Part A:

 

 

 

 

 

 

 

TABLE 4         PART A GARBAGE PROCESSING/DISPOSAL SERVICES TENDERS – NON-PRICE SCORES

 

CRITERIA

BINGO

SUEZ

CONFIDENCE IN THE TENDERER

4

8

ENVIRONMENTAL PERFORMANCE

4

7

RECOVERY RATE

6

6

FACILITY

5

8

INNOVATION

7

7

WEIGHTED SCORE OUT OF 100

49

73

 

The annual total costs for the garbage processing/disposal services and the corresponding price scores for Part A are outlined in Table 5.

 

TABLE 5         RFT17/18-08 PART A GARBAGE PROCESSING SERVICES - PRICE SCORES

 

Price Scores

BINGO

SUEZ

ANNUAL TOTAL

$6,486,320

$7,115,100

WEIGHTED SCORE OUT OF 100

     100*

     91

*This total price is calculated for the purpose of comparison only. The BINGO facility would not be available until 2021.

 

SUEZ also provided Council with a per tonne rate for the disposal of garbage in Part A. The tendered rate for the garbage disposal services is included in Table 6 as follows:

 

TABLE 6         RFT17/18-08 PART A GARBAGE DISPOSAL SERVICES – PRICE PER TONNE

 

 

Price

      SUEZ

PRICE PER TONNE

 

$300

 

Non-price and price scores were then weighted and added to provide an overall score out of one hundred points as follows:

 

TABLE 7                      PART A GARBAGE PROCESSING/DISPOSAL SERVICE TENDERS - TOTAL SCORES

 

EVALUATION PANEL SCORES

NON-PRICE SCORE (OUT OF 100)

PRICE SCORE (OUT OF 100)

WEIGHTED   TOTAL SCORE (OUT OF 100)

BINGO

49

100

74

SUEZ

73

91

82

 

The Evaluation Panel scored the tender from SUEZ Recycling and Recovery Pty Ltd as presenting the overall highest score.

 

The Evaluation Panel concluded that the ten (10) year tender from SUEZ Recycling and Recovery Pty Ltd could be recommended to Council.

 

SUEZ also provided a range of non-conforming tenders in the event that both the Waste and Resource Collection Services (RFT17/18-07) and the Waste and Resource Processing/Disposal Services (RFT17/18-08) were awarded. These non-conforming tenders are discussed later in this report.

 

Part B        Recycling Processing Services

 

The Evaluation Panel concluded that given the uncertainty in the market and the tenderers’ position on risk with regard to the recovered resource, combined with the continual uncertainty regarding the container deposit scheme, the Panel considered the non-advantageous pricing to Council was a reflection of the current market conditions.  VISY’s conditions of tender rejected some contractual conditions.  Whilst it is possible to propose this in a non-conforming tender, under the tender process the tenderer must first submit a conforming bid.  Visy did not submit a conforming bid.  Given the high price per tonne rate and the non-conformity of the VISY tender, the Panel preferred not to recommend acceptance of any tender for the proposed ten (10) year term.

The Panel recommends that Council rejects the tenders for Part B and seeks to negotiate a shorter-term contract. The reason for rejecting the tenders for Part B are that there is uncertainty in the market which has resulted in prices being offered that are beyond what Council would expect to pay over the long term.

 

Council has power to reject all tenders under s.178 of the Local Government (General) Regulation 2005 and having rejected all tenders and, giving reasons why it would not be advantageous to call fresh tenders, it can decide to negotiate with any person or company on the subject matter of the tender.  It is suggested that a negotiation agreement and negotiation strategy be developed and implemented for this process to the satisfaction of the Chief Governance Officer.

 

The reason why Council would not call fresh tenders is based on the fact that it is understood that all the companies capable of processing the recyclables have tendered in this present process.  Despite this, it is understood that SUEZ has plans to open a new plant in Sydney in the next few years and it is considered desirable to have discussions with SUEZ, as well as the other two proponents.  Also, given the market conditions, it is proposed to negotiate a shorter term contract allowing the marketplace for recyclable products and the container deposit scheme to settle down before a longer term contract is entered by Council.  It is considered there is no advantage in re-tendering in the marketplace at the present time.

 

In the event that a satisfactory negotiated contract is not achieved, Council will need to tender again – which would presumably be on a shorter contract term.

 

Part C        Organics Processing Services

 

The following Table 8 outlines the consensus scores out of 10 (and the weighted scores out of 100) agreed by the Evaluation Panel for the non-price tender criteria in Part C:

 

 

 

 

 

 

 

 

 

 

TABLE 8         PART C ORGANICS PROCESSING SERVICES TENDERS – NON-PRICE SCORES

 

CRITERIA

ANL

SUEZ

CONFIDENCE IN THE TENDERER

8

7

ENVIRONMENTAL PERFORMANCE

8

7

RECOVERY RATE

8

7

FACILITY

8

7

INNOVATION

5

5

WEIGHTED SCORE OUT OF 100

77

68

 

The annual total costs for the Food Organics Garden Organics (FOGO) processing services and the corresponding price scores for Part C are included in Table 9 as follows:

 

TABLE 9         RFT17/18-08 PART C FOGO PROCESSING SERVICES - PRICE SCORES

 

PRICE SCORES

ANL

SUEZ

Annual Total

$6,542,250

$7,137,000

WEIGHTED SCORE OUT OF 100

      100

      92

 

ANL also provide Council with a per tonne rate for the receipt and processing of separated garden organics in Part C.

 

Although green organics (GO) does not form part of the domestic waste disposal suite a price was sought for other council managed waste which include GO.  The tendered rate for the garden organics processing services are included in Table 10 as follows.

 

TABLE 10       RFT17/18-08 PART C GARDEN ORGANICS PROCESSING SERVICES - PRICE SCORES

 

Price

      ANL

PRICE PER TONNE

 

$82.30

 

Non-price and price scores were then weighted as 60% for the non-price submission and 40% for the price component. These weighted scores were then added to provide an overall score out of one hundred points as follows:

 

TABLE 11                   PART C FOGO PROCESSING SERVICE TENDERS - TOTAL SCORES

 

EVALUATION PANEL SCORES

NON-PRICE SCORE (OUT OF 100)

PRICE SCORE (OUT OF 100)

WEIGHTED   TOTAL SCORE (OUT OF 100)

ANL

77

100

86

SUEZ

68

92

77

 

The Evaluation Panel scored the tender from Australian Native Landscapes Pty Ltd as presenting the overall highest score.

 

ANL is an experienced performer in NSW for organic waste processing and their technologies have been developed to ensure optimal re-use of processed organics.

 

ANL has extensive experience in the processing of garden waste and already process Food Organics Garden/Green Organics (FOGO) on behalf of a number of local councils across NSW.

 

ANL proposes to initially process Council’s food and garden organic waste at the new FOGO facility at ANL’s Badgerys Creek site prior to transfer to Blayney for finishing. The FOGO processing facility is a newly commissioned specialised FOGO processing plant which can receive up to 50,000 tonnes of FOGO per annum for processing. The facility has been established in part due to a NSW Government grant from the Waste Less Recycle More program of initiatives.

 

The Evaluation Panel concluded that the ten (10) year tender from Australian Native Landscapes Pty Ltd be recommended to Council. However, SUEZ provided a range of non-conforming tenders in the event that both the Waste and Resource Collection Services (RFT17/18-07) and the Waste and Resource Processing/Disposal Services (RFT17/18-08) were awarded. These non-conforming tenders include corresponding price reductions for Council and are discussed later in this report. 

 

Part D        Bulky Clean Up Waste and Resource Processing/Disposal Services

 

The following Table 12 outlines the consensus scores out of 10 (and the weighted scores out of 100) agreed by the Evaluation Panel for the non-price tender criteria in Part D:

 

TABLE 12       PART D BULKY CLEAN UP WASTE PROCESSING SERVICES TENDERS – NON-PRICE SCORES

 

CRITERIA

BINGO

SUEZ/RESOURCE CO

CONFIDENCE IN THE TENDERER

3

8

ENVIRONMENTAL PERFORMANCE

2

7

RECOVERY RATE

1

6

FACILITY

1

7

INNOVATION

1

7

WEIGHTED SCORE OUT OF 100

18

71

 

The price scores for Part D are outlined in Table 13 as follows:

 

TABLE 13       RFT17/18-08 PART D BULKY CLEAN UP PROCESSING SERVICES - PRICE SCORES

 

PRICE SCORES

BINGO

SUEZ

Annual Total

$1,782,240

$1,633,720

WEIGHTED SCORE OUT OF 100

      92

      100

 

SUEZ also provide Council with a per tonne rate for the disposal of bulky clean up waste direct to landfill in Part D. The tendered rate for direct to landfill disposal services are included in Table 14 as follows:

 

 

 

TABLE 14                   RFT17/18-08  PART D BULKY DISPOSAL SERVICES - PRICE PER TONNE

 

Price

      SUEZ

PRICE PER TONNE

 

$210

 

Non-price and price scores were then weighted. Weighted scores then added to provide an overall score out of one hundred points as follows:

 

 

TABLE 15       PART D BULKY CLEAN UP WASTE PROCESSING SERVICE TENDERS - TOTAL SCORES

 

EVALUATION PANEL SCORES

NON-PRICE SCORE (OUT OF 100)

PRICE SCORE (OUT OF 100)

WEIGHTED   TOTAL SCORE (OUT OF 100)

BINGO

18

92

47

SUEZ

71

100

82

 

The Evaluation Panel scored the tender from SUEZ Recycling and Recovery Pty Ltd with the proposed delivery of the material to ResourceCo as providing the higher environmental outcome and the overall highest score for the processing of bulky clean up waste.

 

SUEZ Non-Conforming Tenders

 

SUEZ also provided a range of non-conforming tenders in the event that both the Waste and Resource Collection Services (RFT17/18-07) and the Waste and Resource Processing/Disposal Services (RFT17/18-08) were awarded. These non-conforming tenders include corresponding price reductions for Council and are summarised as follows:

 

TABLE 16       SUMMARY OF SUEZ NON-CONFORMING TENDERS

 

SUEZ NON CONFORMING OFFERS

NOTE: all non-conforming offers from SUEZ included a number of qualifications and proposed changes to either the draft conditions of contract or the specifications. These are either outlined below or are to be adopted or varied by Council.

COLLECTIONS – RFT17/18-07

A.           

Non-conforming 1

Amendments to draft contract terms only

B.           

Non-conforming 2

Combined Collections Tender + Processing/Disposal Tender

C.           

Non-conforming 3

Combined Collections Tender + Processing/Disposal Tender

Increased Contract Term of 14 years

D.           

Non-conforming 4

Combined Collections Tender + Processing/Disposal Tender

Proposal to discontinue FOGO collection & processing services

E.           

Non-conforming 5

Combined Collections Tender + Processing/Disposal Tender

Proposal to discontinue FOGO collection & processing services

Increased Contract Term of 14 years

PROCESSING/DISPOSAL – RFT17/18-08

F.           

Non-conforming 1

Amendments to draft contract terms only

G.           

Non-conforming 1A

Combined Part A and C for RFT17/18-08

H.           

Non-conforming 1B

Combined Part A and C for RFT17/18-08

Combined Collections Tender + Processing/Disposal Tender

I.            

Non-conforming 2

Combined Part A and C for RFT17/18-08

Proposal to discontinue FOGO collection & processing services

J.            

Non-conforming 2A

Combined Part A and C for RFT17/18-08

Combined Collections Tender + Processing/Disposal Tender

Proposal to discontinue FOGO collection & processing services

 

The Evaluation Panel considered the non-conforming tenders from SUEZ to determine whether there was any benefit to Council.

 

From the table above, a number of key departures from Council’s presented Request for Tenders were proposed, including:

 

·        Alterations to the conditions of contract

·        Combining the collection services tender with the disposal/processing tender

·        Proposal to discontinue FOGO collection and processing services

·        Offer of 14 year term for the collection services tender

 

These matters are discussed further below:

 

2.1     Alterations to the Conditions of Contract

 

SUEZ reviewed the draft conditions of contract and proposed a number of amendments. These range from the setting of Key Performance Indicators for the services to understanding relative indemnities. This non-conforming option has been reviewed by Council legal consultant Piper Alderman and comments provided. It is anticipated that the changes sought can be settled prior to the execution of contracts. Subject to Council’s agreement to such settlement this option is recommended for the further price benefit resulting from requests regarding self-insuring the plant.

 

2.2     Combining the Collection Services and Processing/Disposal Services Tenders

 

Council conducted a detailed strategic approach to the procurement processes for the waste management service tenders. This approach involved separating the collection services from the processing and disposal services. The purpose of this was to ensure the broadest possible appeal to all waste service providers to tender. That is, a high degree of competition was created in the tendering process by allowing the services to be separated.

 

SUEZ is one of the few waste management contractors with sufficient capacity to provide the full suite of collection and processing/disposal services. Where the services are combined, there would have been a perception of a lack of competition.

 

This strategy of allowing waste collectors to bid for the collections; and specialist waste processors to bid for the processing/disposal services; has resulted in a very competitive tender process. The beneficiary of this competition is Council;  i.e., receiving the best possible service rates.

 

SUEZ’s non-conforming tenders that combine the collection services and the processing/disposal services have only been considered given that SUEZ were the preferred tenderer for the Waste and Resource Collection Services and the Waste and Resource Processing/Disposal Services (for Part A and D). There is no barrier to Council now considering the combined offers from SUEZ. There is no disadvantage to other tenderers in Council now considering the combined tenderers.

 

2.3     Proposal to Discontinue FOGO Collection and Processing

 

Council has a well-established three bin collection service for single unit dwellings. This suite of collection services is summarised as:

 

FOGO[1]                Collected Weekly         240 L Bin

Recycling            Collected Fortnightly     240 L Bin

Garbage              Collected Fortnightly     140/240 L Bin

 

SUEZ have provided Council with a proposal to discontinue the weekly FOGO collection services and replace this with a fortnightly garden organics only collection. This proposal also reverts the garbage bin to a weekly service with food being left in the garbage bin and not source separated. Single Unit Dwellings (SUDs) would receive a garden organics fortnightly collection service under this proposal.

 

The proposal for no FOGO suits SUEZ’s processing methods, hence the alternate price. However, there are numerous other factors in consideration of this proposal.  This proposal does not meet the objectives of

 

·    Penrith City Council Waste and Resource Recovery Strategy

·    Penrith City Council Sustainability

·    Community leadership

 

The Evaluation Panel also considered that the environmental outcome from this process would be far less favourable than what can be achieved with a FOGO service.  Analysis suggests the price reduction would be off-set by the increased cost of the Organics transferred to the red bin, significantly increasing weight and the associated cost for disposal.  The true cost of the no FOGO suite of services is difficult to determine at this time, as this non-conforming offer may be  counter-acted by the potential increase for mixed waste disposal, waste levies, re-education, and reputational and environmental damage.  The Panel and Council officers believe that to implement a no FOGO service would be a retrograde step for Penrith.

 

The Evaluation Panel concluded that the conforming offer from ANL was superior to the non-conforming offers by SUEZ for FOGO and no FOGO.  The Evaluation Panel therefore recommends ANL as the preferred provider.

 

2.4     Offer of 14 Year Term for the Collection Services Tender

 

SUEZ’s non-conforming tender based on the proposed 14 year term was deemed to be beyond the length of time that Council strategically sought to be bound to the service before it was reviewed.  A 14 year term would commit Council to a set scheme of services for collection and processing/disposal with little opportunity to review this. Council’s waste management strategy and the NSW Strategy is not as long term as this proposed contract term. Changes in policy, market conditions, initiatives, opportunities are likely to impact on Council’s long term strategic considerations. Adopting a contract term of 14 years may lock Council into a position that is in conflict with broader strategic goals.  For the above reason the longer term contracts were not favoured.

 

Financial Services Manager’s Comment

Council has conducted a detailed strategic approach to the procurement processes for the Waste Management Service tenders. The approach involved separating the collection services from the processing and disposal services. The purpose of this was to ensure that the broadest possible appeal to all waste service providers to tender.

 

The tendering process for Waste and Resource Collection Services and Waste and Resource Processing/Disposal Services was not only competitive but also a very complex process in respect to the pricing criteria. The tendered prices were analysed and scored by the Evaluation Panel in accordance with the Probity and Evaluation Plan.  The Evaluation Panel examined the tendered rates submitted and compared these on a model that reflected the combination of specified services and then calculated the annual cost. The Evaluation Panel agreed to a default combination of services and a methodology for comparing the tendered rates across the range of services.  A ‘one year’ total was established applying each of the tenderers’ corresponding rates.  The comparison of prices included weighting the prices submitted to give a score in accordance with the Probity and Evaluation Plan.

 

The nominated tenderers, Suez Recycling & Recovery Holdings Pty Ltd and ANL Pty Ltd provide Council and the community with a cost competitive service and also other non-price outcomes including high resource recovery.

 

The Council has undertaken an independent financial capacity examination, through Corporate Scorecard of the nominated tenderer to assess their financial viability.  This assessment was necessary as the waste contracts are circa $250 million indicatively over a 10 year period. The assessment concluded that Suez’s credit rating is acceptable and at a low level risk reflecting their strong market presence and sound operating and financial flexibility.

 

Following assessment of the detailed analysis provided by Corporate Scorecard, Suez Recycling & Recovery Holdings Pty Limited has a corporate credit rating of ‘BBB-’ at April 2018, being an investment grade classification with a low level of risk. The Company is considered acceptable for the purposes of this engagement subject to the following:

 

·    Provision of a cross-company guarantee from the assessed entity, Suez Recycling & Recovery Holdings Pty Limited, guaranteeing the Tendering Entity’s performance under the waste management contract;

·    A bank guarantee or surety bond of 5.0% of the annualised contract value to be obtained from a bank or suitable Tier 1 issuer with an investment grade credit rating for the duration of the contract; and

·    Reporting covenants be imposed requiring SUEZ to participate in an ongoing financial monitoring regime throughout the course of the contract, requiring specific confirmations regarding facilities and covenants, together with the provision of financial information to support ongoing credit quality reviews (at the request of the principal).

 

Council’s Annual Domestic Waste Service charges applied to each parcel of rateable land and each occupancy for which the service is available will be set as part of the development of the 2019-20 operational plan and once Part B of the Processing Tender is finalised.  As usual, they will be set to cover the cost of the new  Waste and Resource Recovery Collection and Waste and Resource Recovery Processing/Disposal Services.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group’s (TAG) objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Executive Manager Environment and City Development, Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to tender RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services). It was noted that the tender process included a Probity and Evaluation Plan, setting out the protocols and procedures to be implemented during the evaluation of the tenders. The TAG was briefed on the evaluation process as described in the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

 

Conclusion

 

As part of the evaluation of the non-conforming tenders presented by SUEZ, the Evaluation Panel sought to clarify a number of matters including the interpretation of the combined collection and processing/disposal offers.

 

Clarifications of the combined collection and processing/disposal offers resulted in the non-conforming tenders by SUEZ being viable solutions to Council for the collection services RFT17/18-07.

 

The SUEZ combined offer of non-conforming collection offer 1 and 2 (as set out in Table 15) and non-conforming processing offer 1 (as set out in Table 15) is therefore recommended to Council, and is set out in the recommendations below.  This combined offer provides savings in the collection services and two of the streams provided to Council’s residents. The recommendations reflect this. Significant savings and efficiency opportunities will also be provided for the additional Council waste stream referred to as processing stream D.  As such, this combined non-conforming offer for Part A (Collection and Processing) and Part C (Collection) and conforming Part D from SUEZ can be supported.

 

No viable solution has been received in respect of Part B – Recycling Processing Services.  Given the volatility of the market for recyclables presently, it is considered that a shorter contract would be most advantageous to Council.  The Recommendations provide for Council to use its ability to negotiate after rejecting all tenders and for the reasons set out in the Recommendations.

 

No viable solution has been received in respect of the Effluent Services.  The Recommendations provide for Council to use its ability to negotiate after rejecting all tenders and for the reasons set out in the Recommendations.

 

 

 

 

 

 

 

 

 

 

 

In summary, the following is recommended as set out below:

 

Tender

Recommendation

RFT17/18-07 Waste and Resource Collection Services

Award tender to SUEZ Recycling and Recovery Pty Ltd

Optional Effluent Services

Reject, re-negotiate or re-tender

RFT17/18-08 Waste and Resource Processing/Disposal Services including five separable Parts for the following:

 

Part A         Garbage Processing and/or Disposal Services

SUEZ Recycling and Recovery Pty Ltd

Part B         Recycling Processing Services

Reject, re-negotiate or re-tender

Part C         Organics Processing Services

Australian Native Landscapes Pty Ltd

Part D         Bulky Clean Up Processing and/or Disposal Services

SUEZ Recycling and Recovery Pty Ltd

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services) Recommendation Report be received.

2.    Council accepts the combined non-conforming tender from SUEZ Recycling and Recovery Pty Ltd (ABN 70 002 902 650) for a ten (10) year term, subject to Contract finalisation to the satisfaction of the Chief Governance Officer and the General Manager and consistent with the comments of the Financial Services Manager within the report, for:

Non-conforming 1 and 2 in RFT17/18-07 Waste Collection Services (refer to Table 16 of the report and Non-conforming 1 in RFT17/18-08 Waste and Resource Processing/Disposal Services (refer to Table 16 of the report) with the following inclusions:

 

RFT17/18-07 Waste Collection Services

·   include the supply and distribution of new bins as determined by the Waste & Resource Recovery Manager at the commencement of the contract on the payment schedule set out in the Tender - whereby the bins are paid for by Council over the contract term;

·   with adjusted contract terms substantially in accordance with non-conforming 2 but as settled with Council’s solicitors;

·   include the Civic, Council and other identified collection rates that include disposal rate;

·   include the option for the collection of Bulky Clean Up Waste that includes the processing of this material.

 

RFT17/18-08 Waste and Resource Processing/Disposal Services

·   with adjusted contract terms substantially in accordance with non-conforming 1 but as settled with Council solicitors;

·   exclude the offer from SUEZ Recycling & Recovery Pty Ltd for organics processing services in Part C

 

 

 

3.    Council declines to accept any tender for Part B of RFT17/18-08 Waste and Resource Processing/Disposal Services - Recycling Recovery Services.

Council in accordance with s.178 of the Local Government (General) Regulations 2005 not call fresh tender for the following reasons:

·        Non-conformity

·        Uncertainty in the marketplace

·        Prices offered are beyond what Council would expect to pay over a long term

 

Negotiate with Visy Paper Pty Ltd, Polytrade Pty Ltd and SUEZ Recycling and Recovery Pty Ltd to achieve an acceptable commercial agreement for the recycling processing services (Part B).  Such negotiation to be carried out in accordance with a Negotiation Agreement and a Negotiation Strategy.  Those negotiations be over the subject matter of the tender.  The result of such negotiations be reported to Council prior to acceptance. In the event that a satisfactory contract cannot be negotiated, the services be re-tendered for a shorter term.

4.    Council accepts the tender from Australian Native Landscapes Pty Ltd (ABN 42 001 749 980) for Part C of RFT17/18-08 Waste and Resource Processing/Disposal Services for a ten (10) year term.

5.    Council excludes the Effluent Collection Services from tender RFT17/18-07 Waste and Resource Recovery Collection.

Council in accordance with s.178 of the Local Government (General) Regulations 2005 not call fresh tender for the following reasons:

·        Opportunities exist under the Regional Strategic Alliance and Hawkesbury City Council

·        Negotiation with other tenderers is preferred to re-tendering, as a suitable contract is likely

·        The ability to talk to other suppliers in the industry

 

Negotiate with Remondis Australia Pty Ltd, Hawkesbury City Council and smaller service providers determined by Waste & Resource Recovery Manager to achieve an acceptable commercial agreement for the Effluent Collection Services.  Such negotiation to be carried out in accordance with a Negotiation Agreement and a Negotiation Strategy.  Those negotiations be over the subject matter of the tender.  The result of such negotiations be reported to Council prior to acceptance. In the event that a satisfactory contract cannot be negotiated, the services be re-tendered.

6.    The General Manager be delegated authority to finalise the details of the resulting contracts with SUEZ Recycling and Recovery Pty Ltd, Australian Native Landscapes Pty Ltd and the contractor for the negotiated recycling processing services and/or the effluent collection services.

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

8.    Council notifies unsuccessful tenderers.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

10      RFT17/18-26 for the supply, installation, testing and commissioning of sports field lighting at The Kingsway Rugby League Fields, St Marys                                                               49

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

 

 

10

RFT17/18-26 for the supply, installation, testing and commissioning of sports field lighting at The Kingsway Rugby League Fields, St Marys   

 

Compiled by:               Mitchell Sammut, Projects Officer - Open Space Projects 

Authorised by:            John Gordon, City Presentation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Implement the Parks Asset Renewal Program

      

 

Executive Summary

A tender for the supply, installation, testing and commissioning of Sportsfield Lighting at The Kingsway Rugby League Fields Stage 1, St Marys, was advertised on 19 April 2018 in the Western Weekender and 24 April 2018 in the Sydney Morning Herald, and closed on Wednesday 30 May 2018 at 11.00am.

 

The Kingsway Rugby League Stage 1 Lighting project has a total project budget of $150,000 and is funded through the Parks Asset Renewal Program ($100,000) and a contribution by St Marys Rugby League Football Club through a Community Building Partnership Grant 2017 ($50,000).

 

The project aims to ensure that the field floodlighting is contemporary, fit for purpose and meet the increasing needs of the community and sporting teams that utilise this site.

 

This report advises Council of the outcome of the tender process, and recommends that the tender from Hix Group Pty Ltd, trading as Hix Electrical & Data Services, for the amount of

$99,380.13 be accepted for supply, installation, testing and commissioning of Sportsfield Lighting at The Kingsway Rugby League Fields, St Marys.

Background

A consultant (GHD Pty Ltd) was engaged to undertake a review of the existing lighting on the sporting fields at Kingsway Rugby League Fields, preparing a lighting design for Fields 1, 2 & 3 in accordance with the relevant Australian Standards (AS2560.2.3-2007), review the electrical supply onto the site and to ensure an energy efficient floodlight system was installed.

 

The Kingsway Rugby League Fields are one of Council’s key sporting facilities supporting a range of sports, school and community use. This work will ensure that the improved capacity of the lighting of all of the fields will meet the current and future training and competition requirements of the users.

 

The work will include the supply and installation of a new service protection device, meter and distribution section to existing meter panel. New poles and luminaries to deliver 100 lux to Field 1 with improved training lighting to Field 2 and with connection to Councils e-state floodlight (SMS) control system.

 

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

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Mr John Gordon (City Presentation Manager Manager), Mr James Craig (Project Supervisor), and Mr Mitchell Sammut (Project Supervisor).

 

Tender Evaluation Criteria

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

 

Company Information

 

·    Conflict of Interest

·    Insurance

·    Instrument of Agreement

·    Company Profile

·    Statement of Conformance

 

Scope of Requirements

 

·    Demonstrated Ability

·    Technical Requirements

·    Project Completion Times

·    Applicable Standards

·    Critical Assumptions

 

Cost/Price Category

 

·    Project Cost

·    Provisional Sums

 

Business Category

 

·    Financial Viability

·    Employee Record

·    Business Record

 

Management and Administration

 

·    Company Resources

·    Support Systems

·    Quality of Product/Service

·    Work Health & Safety

Summary of Tenders Received

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

 

 

 

 

Name

Business Address

Owners/Directors

Hix Group Pty Ltd T/A Hix Electrical & Data Services

1/10 Production Place, Penrith, NSW

 

Director Ian John Hicks/Owners Ian and Lea Hicks

Kealec Pty Ltd T/A Sportzlighting

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

Tim Keane / Manager

 

REES Electrical Pty Ltd

Unit 3, 26 Leighton Place,

Hornsby, NSW, 2080

John Gibbons

 

Vallec EP NSW Pty Ltd

1/13 Elwell Close Beresfield NSW

Tobias McCosker

 

 

 

Tenderers were requested to complete a Price Schedule for:

 

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

·    Tender Alternatives – Tenderers alternate option and price.

 

Lump Sum Prices

 

Tenderer

Amount (excl.GST)

Hix Group Pty Ltd T/A Hix Electrical & Data Services

$99,380.13

 

Kealec Pty Ltd T/A Sportzlighting

$115 220.00$115 220.00

Vallec EP NSW Pty Ltd

$122,461.00

REES Electrical Pty Ltd

$128,890.00

 

All tenders came within the available budget and therefore were further considered for detailed assessment.

 

Tenderers were able to submit an alternate design, including materials. Vallec EP NSW Pty Ltd provided a range of alternate designs. Each of these alternate designs was reviewed. All options provided exceeded the lump sum price submitted by Vallec EP NSW Pty Ltd and offered no clear benefit to Council.

 

Short Listed Tenderers

 

Hix Group Pty Ltd

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

 

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

 

Hix Group Pty Ltd provided a lump sum price of $99,380.13, for the specified scope of works. This price provides Council with the best value for delivery of the works. It is recommended that their tender be accepted.

Sportzlighting

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

 

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

 

Kealec Pty Ltd T/A Sportzlighting provided a lump sum price for the specified works of

$115 220.00. This price is $15,839.87 more than the price tendered by the Hix Group Pty Ltd. Based on this price differential it is recommended that their tender should not be accepted.

 

Vallec

Vallec has many years of experience delivering large scale, complex projects across all sectors. To date Vallec has delivered over 7,000 projects including design development, design and construct and construct. Vallec aims to be recognised as the premier services contracting partner in the market.

 

Some of these projects have involved multi-sport complex floodlighting for a range of sporting codes and have demonstrated their sound ability to deliver floodlight projects. These have included projects such as Narabundah Baseball Park, Lynham playing Fields, Gold Creek Synthetic Field, Haniker Softball Fields 1, 2, Amaroo Playing Fields and various oval lighting projects in the ACT over the last 10 years.

 

Vallec EP NSW Pty Ltd provided a lump sum price for the specified works of

$122,461.00. This price is $23,081.87 more than the price tendered by the Hix Group Pty Ltd. Based on this price differential it is recommended that their tender should not be accepted.

 

CBD Mechanical Electrical

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

 

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

 

CBD Mechanical Electrical provided a lump sum price for the specified works of

$128,890.00. This price is $29,509.87 this is more than the price tendered by Hix Group Pty Ltd. Based on this price differential it is recommended that their tender should not be accepted.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Hix Group Pty Ltd T/A Hix Electrical & Data Services (Hix Group Pty Ltd). These checks were completed by Corporate Scorecard

 

Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Hix Group Pty Ltd to perform the works described.

 

The total tendered price by Hix Group Pty Ltd of $99,380.13 (excluding GST) is within available project budget.

 

Tender Advisory Group Comments

The Tender Advisory Group’s (TAG) objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Executive Manager City Assets, Governance Manager, Glenn McCarthy and Expenditure Accountant, Daniel Moore, met to consider the report and recommendations in relation to the tender for the RFT17/18-26 for the supply, installation, testing and commissioning of sports field lighting at The Kingsway Rugby League Fields, St Marys. It was noted that the recommended proposal is the lowest cost and that the contractor has demonstrated previous experience in similar lighting installations including in the Penrith Local Government Area. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendation.

 

Conclusion

The panel gave final consideration to the shortlisted tenders from Hix Group Pty Ltd, Kealec Pty Ltd T/A Sportzlighting,, CBD Mechanical Electrical and Vallec EP NSW Pty Ltd as to their experience, capability, lump sum price, and capacity to undertake the works in a timely manner while complying with Councils requirements within the tender.

 

It is recommended that the proposal and lump sum price from Hix Group Pty Ltd T/A Hix Electrical & Data Services $99,380.13 be accepted for the supply, installation, testing and commissioning of Sportsfield Lighting at The Kingsway Rugby League Fields Stage 1, St Marys.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT17/18-26 for the supply, installation, testing and commissioning of sports field lighting at The Kingsway Rugby League Fields, St Marys be received

2.    The proposal and lump sum price from Hix Group Pty Ltd T/A Hix Electrical & Data Services $99,380.13 be accepted for the supply, installation, testing and commissioning of Sportsfield Lighting at The Kingsway Rugby League Fields Stage 1, St Marys

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

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

11      Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan                                                                                                                                   57

 

12      Councillor Representation on Working Parties and Committees                                    76

 

13      Easements to Epsilon Distribution Ministerial Holding Corporation (T/A Endeavour Energy) for Padmount Substations at 229 Caddens Road, Caddens known as Lot 754 DP1180111                                                                                                                                           79

 

14      2018-19 Borrowing Program                                                                                            81

 

15      Summary of Investments & Banking for the period 1 May 2018 to 31 May 2018           83

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                   25 June 2018

 

 

 

11

Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Budget Accountant

Allegra Zakis, Corporate Planning Coordinator

Matthew Saunders, Rates Coordinator

Snezana  Georgiva, Corporate Planner

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

Andrew Moore, Chief Financial Officer   

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

Council is required to prepare and adopt the 2018-19 Operational Plan and Fees & Charges by 30 June 2018. The Operational Plan is a sub-set of the Delivery Program and is the second annual plan to be adopted as part of the 2017-21 Delivery Program. As part of preparing its annual Operational Plan, Council must also review the Delivery Program to ensure it is still moving in the right direction and adjust any necessary changes in service delivery or operational priorities.  A number of changes are recommended to the draft plan to reflect organisational changes, highlight key priorities to the Community and new information on our expected responsibilities as part of the City Deal. 

The Community Plan, 2017-21 Delivery Program, 2018-19 Operational Plan and Fees and Charges were presented to Council on 30 April 2018 and were placed on exhibition, under Section 405(2) of the Local Government Act 1993, from 9 May 2018 to 6 June 2018. Forty-two submissions were received during the exhibition period – thirty-five online surveys, one hard copy survey, one letter and five emails. 

There were a small number of budget adjustments required to be made to the 2017-21 Delivery Program (incorporating the Operational Plan 2018-19) such as the inclusion of the March 2018 revotes and the fine-tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Attachment 1. A balanced budget is proposed for 2018-19 after incorporating these adjustments.

This report seeks Council’s adoption of the revised Community Plan; 2017-21 Delivery Program; 2018-19 Operational Plan and Fees & Charges (provided in attachments), approval for the expenditure of the budget outlined in this report and to endorse the Making of the Rates and Charges for 2018-19 under Section 535 of the Local Government Act.

 

 

 

Public Exhibition

The draft Community Plan, 2017-21 Delivery Program (incorporating the 2018-19 Operational Plan) and the 2018-19 Fees and Charges were exhibited from 9 May to 6 June 2018.  The exhibition period for the amendments to the proposed Domestic Waste Charge for the provision of an extra recycling service fee were extended to 25 June.  The public exhibition process included an optional survey and encouraged community feedback on all documents. 

The exhibition was promoted through:

·    local media (Western Weekender advertisement, Western Weekender Corporate News Page banner ad, Mayoral Column, Mayoral radio ad and media release),

·    postcards at all libraries, Civic Centre, Queen Street Centre and all children’s centres,

·    children’s centres displayed a digital message on sign in / out devices and a digital slide on foyer monitors,

·    social media (boosted post on Penrith Council’s Facebook page and a post on the Children’s Services Facebook page),

·    recorded message on Customer Contact Centre main switchboard,

·    Council’s website,

·    Your Say Penrith newsletter to registered participants, and

·    email banner at the end of all Penrith City Council emails.

 

During the exhibition period the community had the opportunity to view and comment on the draft Plans, and copies of the draft Plans were available through Council’s central online engagement portal - www.yoursaypenrith.com.au. Copies of the draft Plans were also available at the Penrith Civic Centre, the Queen Street Centre, St Marys and Council’s libraries.

 

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

·    a total of 1,180 visits to the site

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

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

·    987 downloads of the documents, and

·    34*¹ ‘engaged’ visitors (i.e. someone actively participated by completing the online survey). (Refer Figure 1 below).

*A single participant can perform multiple actions

¹A participant completed the survey twice, with a total of 35 online surveys submitted

Figure 1 Visitors Summary to online portal (Your Say) during exhibition of the draft plans

 

A total of 36 surveys were submitted, and an additional 6 individual submissions were made to the exhibition. Issues raised are discussed below.

Survey responses

At the time of writing this report only two submissions had been received in relation to waste management, which are addressed in this report.  Further submissions on waste management can be submitted until close of business today, and further advice will be provided to tonight’s meeting should additional submissions be made.

The survey covered the Community Plan, Delivery Program, Operational Plan and Fees and Charges. Questions were structured to help us understand how easy it is for the community to find information, whether what we’re planning reflects the community’s expectations and whether there were any issues or actions the community wanted to see in the plans.  The answers are shown below:

 

31% of participants said they had a ‘hard’ to ‘very hard’ time finding information on Council’s planned activities for their area in 2018-19.

60% of participants understood Council’s plans with ease. 

75% thought Council’s planned programs, activities and projects will ‘somewhat’ to ‘completely’ help make Penrith a better place to live, work and visit.

 

Respondents were asked if they had any comments on what was included in the plans, and whether there was anything additional they would like to see.  Issues raised in response to these two questions and comments have been grouped below. 

Parking

Four submissions commented on parking in the CBD, raising concern about the current demand for parking and how this will be managed as growth increases. 

Comment:

The revised draft Operational Plan includes 3 actions around delivery of a multi-deck carpark in the Penrith CBD.  Negotiations will continue to deliver a multi-use development, including a carpark at Union Road, and detailed design will be finalised for the carpark at Soper Place.  Designs will be finalised and construction will commence on the temporary carpark in North Street that will provide spaces while the carparks at Union Road and Soper Place are being finalised and built.  The exhibited version of the plan did not include specific actions on Union Road and North Street, although these were included in the works program for 2018-19.  Actions have been added to give the community a clearer picture of what will be done to address parking in the Penrith CBD. 

Sport, Recreation, Play and Open Space

A number of submissions provided comments on sports fields and programs, open space areas, parklands and playgrounds.  These included a need for more support for minority sports, renewal of playgrounds in Emu Plains and Jamisontown; more activities for older children in Tench Reserve and parking and accessibility at the playing fields at The Kingsway, St Marys.  One resident also enquired about council’s plans for Gipps Street, requesting recreational spaces for children and sporting fields.

Comment:

In 2018-19, we plan to complete the Penrith Sport, Recreation, Play and Open Space Strategy. The strategy is a 10-year plan that will help make sure we are meeting our community’s current and future sport, recreation and play needs. The draft Sport, Recreation, Play and Open Space Strategy will be placed on public exhibition in the coming months and residents will be encouraged to let us know if we are supporting the recreation activities they value.

With regard to specific facilities, the playground in Bunyarra Reserve is due to be replaced in this year, and the playground in Willorwing Crescent Jamisontown in 2019-20 as part of the parks asset renewal program.  The provision of dedicated opportunities for 12-18 year olds can be considered as Council develops more detailed plans for the implementation of the Our River masterplan, and stage 2 of the works at The Kingwsay, scheduled for commencement this year, will include further carpark upgrades including accessible parking, development of new fields and new amenity construction.  Ongoing discussion with Nepean Oztag, Penrith Oztag and Penrith Touch Football Associations are also being undertaken to ensure the scheduling of programs is compatible with the available facilities. The Gipps Street recreation precinct is dependent on achieving full site clearance certification, once that clearance has been obtained, a brief consultation to refresh the previous masterplan will be undertaken and development with recreational facilities will start.

Roads and Maritime Services (RMS) and Transport for NSW projects

Submissions raised issues that relate to RMS roads or other assets, including congestion on main roads, infrastructure upgrades, the Nepean River Green Bridge and overall levels of service. Two submissions raised concerns about the limited availability of commuter parking at train stations, and one about the design of the Victoria Road bus stop potentially impacting traffic.

 

Comment:

Council has minimal influence over RMS projects. We have already successfully advocated for upgrades to Mulgoa Road and The Northern Road which are scheduled for construction in the next few years. We are unable to act more directly on other issues raised but will continue to advocate for the transport infrastructure our City needs. Residents have been provided information on the agreed upgrades and directed to the RMS for more detailed enquiries.  Council will also continue to advocate to Transport for NSW to provide adequate parking at train stations, as well as increase public transport services to reduce the reliance on cars.   Council officers will investigate the bus stop at Victoria Road.

Dog off leash areas

Residents from Emu Plains, Cambridge Park and Penrith each made submissions requesting dog off leash areas in their suburbs.

Comment:

Off leash areas are widely distributed across the LGA. Designated off leash areas are located in Cranebrook, South Penrith, Emu Heights, St Clair, Werrington, and North St Marys.

Footpaths

Three submissions requested that Council consider constructing new footpaths, the requests ranged from residents identifying missing links in our footpath network to general requests for additional footpaths in their area.  Another submission questioned the need for council to construct footpaths in industrial areas.

Comment:

Council is currently providing footpaths at locations identified in the adopted Future Footpath Delivery Program.  The program concentrates on constructing new high priority paths and missing links within the existing footpath network to help link continuous safe travel to shops, homes, parks and work. The footpath projects included in the plan were selected through a detailed assessment process that took into account a range of criteria that Council uses to assess priorities for path paving construction. Council receives many requests for footpaths each year, but these have to be balanced against city-wide objectives to provide a connected network of paths for pedestrians.  Paths, such as the one in Coreen Avenue, are also being constructed to encourage other modes of transport for both recreation and work benefits.

Town Centres and Suburbs

Six submissions contained comments on Council’s plans for particular areas in 2018-19:

1.   Glenmore Park – “Clean up Glenmore Park”

Comment: Council plans to renew play equipment and soft fall in Applegum Reserve and Richardson Place, and improve the road surface condition of several roads in the area as part of our ‘Urban Road Resealing / Resheeting Program’.

2.   Kingswood – “I Don't see anything for Kingswood….”

Comment: Council’s Place Management Department currently have a special focus on Kingswood through the Neighbourhood Renewal Program. Recently, the Neighbourhood Renewal team have been engaging residents through “Capture Kingswood” to understand local priorities and aspirations.

3.   Castlereagh – “… There is nothing listed for Castlereagh in 2018-19

Comment: Works are proposed to reconstruct a further 0.5km of Castlereagh Road, Castlereagh, there is also funding proposed for Castlereagh Hall improvements. In 2017-18 an amenities upgrade was completed at Smith Park and over $160,000 spent to improve drainage on Rickard Road.

 

4.   Claremont Meadows – “Claremont Meadows shopping centre should be painted & gardens improved.”

Comment: Claremont Meadows Shopping Centre building and the garden are looked after by the private owner of the centre, Council is not able to fund upgrades to privately owned buildings in our planned activities.

5.   Penrith CBD / High Street - “Please stop spending money on revamping High Street, the Triangle Park and Memory Park.”

Comment: The upgrades in High Street include vital drainage infrastructure upgrades to reduce the impacts of flash flooding in the area and future-proof the city centre.  They will also improve outdoor dining spaces, increase opportunities for social interaction, and make Penrith’s City Centre more sustainable.

 “More projects to develop open spaces within the Penrith CBD”

Comment: In 2018-19, Council plans to finalise the site readiness for the City Park in preparation for community engagement around the design of the space. 

Roads and traffic management

One submission raised concerns about Council’s traffic management in general, with particular reference to speed and congestion reduction techniques in suburban areas.  Congestion on Dunheved Road and funds allocated to reseal Reid Street, Werrington, were also raised. 

Comment:

Council plans annually to implement traffic management schemes on a priority basis across our network, to manage traffic safety, efficiency and speed.  The road renewal program is based on a detailed assessment process that takes into account a range of criteria. Council will continue to advocate for upgrades on our State arterial roads, and submit applications for funding sources to support our road renewal programs.

With regard to Dunheved Road and Reid Street, Werrington, a comprehensive funding application is currently being prepared for stage 1 of the duplication of Dunheved Road. The complete project cost has been estimated at over $100m and is an acknowledged priority for advocacy.  The scope of resurfacing works on Reid Street was reduced to take account of road filling works required as part of any future development.

Sustainability

Two submissions enquired about Council’s plans to implement sustainable initiatives, with particular reference to sustainable urban development, conserving open space, utilising renewable energy sources and urban heat and the need for additional trees across Penrith. 

Comment:

The 2018-19 Operational Plan includes an action to develop a ‘Smart City Strategy’, which will look at ways we can use technology to improve customer experience, efficiency, communication, community wellbeing, sustainability and the environment. A number of issues raised in response to the exhibition, including use of solar power and other renewable energy sources, will be considered as part of the development of this strategy.  In addition, Council plans to undertake a Tree Canopy Assessment in 2018-19, the assessment will contribute to our cooling the city initiatives.  These actions have both been added after exhibition. 

Communicating Council’s Plans

Three submissions raised issues around how the plans are communicated, two suggested more interactive methods to communicate with the community, one raised concern that the high level nature of some descriptions did not provide the community with enough detail on what Council does. 

Comment:

Council is currently reviewing the Community Engagement Strategy, as part of the review we plan to complete a review of our community engagement practices.  Opportunities to implement Interactive methods to inform and engage the community will be explored as part of the review.   

Our four-year Delivery Program activities describe our main projects and responsibilities. In many cases our activities are only described at a high level as including all the detail in the Operational Plan will make it a large document that will be difficult to read.  Specific detail on what is included in higher level actions is included in schedules at the back of the document.  Residents can also look at organisational performance reports to better understand the services Council delivers. 

Infrastructure and Urban Growth

A submission raised concerns about the impact of Penrith’s urban growth on our infrastructure.  

Comment:

Council is undertaking a number of steps to prepare for Penrith’s projected population growth, including working with developers to make sure areas are accessible with additional infrastructure including parking spaces, pathways and roads. Council allocates funds each year to ensure our key infrastructure renewal schedules and programs are implemented and continue to meet our community’s needs.

 

Support

Four submissions expressed support for Council’s plans, with comments including “Over all it seems fair”, “projects reflect community vision”; “works are fairly distributed across all suburbs of the local government area” and …I believe the planning looks great. Good job!”.

Do you have any comments on the proposed 2018-19 Fees and Charges?

Rates Increase

Eight submissions raised concerns about the increased costs of residential rates.

Comment: Council successfully applied for a Special Rate Variation in 2016, the additional funds will give council the ability to respond to the community’s aspirations, including continuing to fund a range of programs including public domain maintenance, graffiti removal, Neighbourhood Renewal, building and road asset renewal.  It will also allow for a greater contribution to building asset renewal, capacity for city shaping projects, delivery of significant infrastructure, it will improve our financial structure and contribute to investment in technology.

Council assesses rates using an ad valorem rate (land value multiplied by a rate in the dollar) with a minimum rate. Valuations are carried out by independent Valuers appointed by the NSW Valuer General, and Council assesses rates based on those valuations. Council rates are higher in rural areas as rural properties generally have higher land valuations. 

Council recognises that residents may at times experience difficulty in paying rates and charges, and has a Rates and Charges Hardship Policy. Residents experiencing difficulties paying their rates have an opportunity to work with Council’s Rates Team to negotiate alternative payment arrangements.

Waste Management

Two submissions contained comments about council’s waste management services, including concern about being charged for a second red bin collection, bin replacements and clean ups. 

Comment:

Penrith has a range of services to cater for households with varying numbers of people and varying waste management needs.  For residual waste (red lid bin) there are options for small and large bins, and fortnightly and weekly collections. The service options allow each household to choose and pay for the service they need.  Council is currently in the process of evaluating tenders for the collection and processing of domestic and other waste streams. New contracts are due to commence on 1 July 2019 and will address some of the concerns raised in the submission.  Currently, each property with a domestic waste service can book up to 4 clean ups per calendar year. 

Planning Certificates

A submission outlined changes in the State Legislation resulted in the repeal of section 149 and are referred to as section 10.7.

Comment:

Council has made the necessary changes to the Fees and Charges document, and it now reflects the recent changes in the Environmental Planning and Assessment Act 1979 No 203.

Library Fees

A submission raised concerns about library usage costs, with particular reference to the cost of the internet.

Comment:

Council provides a variety of free and fee based PC and internet services all Penrith City Library branches. The free PC and internet services provided are referred to as our ‘Freenet’ service and include access to government websites, employment websites, Micrsosoft Office applications, and eResources. The fee based internet and photocopying/printing services are referred to as our ‘Paynet’ and include full internet access at $3.00 hour for library members.

Hall Hire

Three submissions contained comments about hall hire, with one raising concerns the consecutive fee increases at Werrington Down’s Neighbourhood Centre.

Comment:

The increased fee in 2017-18 was a result of a realignment of fees for a number of neighbourhood centres. The purpose of this realignment was to create a more equitable fee structure for buildings of a similar size, design, and features. The proposed fee increase in 2018-19 takes into account the recent kitchen improvements made to the facility and consumer price index (CPI) increase. 

Support

Two submission expressed support for Council’s proposed Fees and Charges, including “no one likes to pay fees and charges but I do see why and where it does go, I do like that we have clean streets and parks and gardens that are well presented”.

Individual submissions

Residents

Three residents made a total of four submissions to the exhibition, three raising concerns about increased rates and one about the inability to recycle green waste at a tip. 

Comment:

Council’s Rates Team provided a detailed review and response to submissions about rates.  Council acknowledged one resident experienced a significant increase, and explained the key contributing factors impacting the rate increase experienced in 2018.  The rating structure is reviewed each year to ensure that the rates levied are as fair and equitable as possible, within the constraints of the legislation.

Penrith Council does not own or operate any resource recovery facilities. Some of the landfill facilities may accept garden waste at a cheaper rate than landfilling, but these operations are privately run.  Penrith provides a 3-bin service including food and garden organics bins for residents in single and dual occupancy dwellings in the urban areas of the City. These bins are collected weekly and residents can place small branches and garden clippings in these bins for composting.

 

 

Penrith District Netball Association Inc

The Penrith District Netball Associated (PDNA) requested Council include a multi-use indoor sports stadium in the Operational Plan 2018-19. PDNA expressed difficulties accessing indoor facilities in the Penrith area, and requested council undertake a feasibility study for a sporting complex in Jamison Park. PDNA requested Council engage the associated during feasibility and funding processes. PDNA advises Council they have participated in preliminary discussions with the Premier, the Minister for Women and the Minister for Port seeking State Government funding for the proposal. 

Comment:

An initial assessment of Jamison Park by Council Officers suggests that an indoor facility could possibly be located in within proximity to the existing netball courts, however this would need to be confirmed through a more detailed investigation and the completion of a feasibility study.  A feasibility study is likely to cost up to $50,000 to undertake a needs assessment including sport, school and community consultation; business and operational modelling; and a finalised scope of work with associated concept designs and cost estimates. Resources would also need to be allocated to manage the project over a period of up to 6 months. Accommodating this request has been assessed in the context of resources available to deliver the draft 2018-2019 Operational Plan, and unfortunately, there is no capacity to absorb this additional project within the resources allocated.

At this stage, depending on final scope of works, site conditions and other factors the project to construct an indoor facility could cost $10m - $15m (possibly more). There are no identified Council budgets currently identified which could act as a contribution to the project.

Wentworth Community Housing

Wentworth Community Housing (Wentworth) expressed their support for a continued partnership in addressing affordable housing projects in the Penrith LGA. Wentworth requested council reference the work being done to improve social and affordable housing outcomes across the Penrith Local Government Area.  Wentworth encouraged council to consider a comprehensive evidence-based approach in developing the draft Local Housing Strategy, including how council plans to apply affordable housing targets of 5-10% as recommended by the Greater Sydney Commission.

Comment:

Planning for housing needs to consider the type of dwellings required to respond to expected changes in household and age structures, as well as providing housing choice and affordability for a cross section of workers. Our Local Housing Strategy will address the issues that Wentworth Community Housing has raised, including our capacity to deliver on housing supply targets and affordable rental housing target schemes.  We will work with the Department of Planning and Environment and Greater Sydney Commission to prepare Affordable Rental Housing Target Schemes following the development of implementation arrangements. We look forward to engaging with stakeholders like Wentworth Community Housing on our Local Housing Strategy once drafted.

Other recommended changes to the Delivery Program and Operational Plan

A number of changes to the exhibited versions of the Delivery Program including the 2018-19 Operational Plan are recommended to improve communication with the community and reflect organisational changes.  These are outlined below:

 

Cooling the City

Urban heat is a significant issue in Penrith and of growing concern to our community.  Council adopted the Cooling the City Strategy in 2015 however there has been no centralised reporting of our progress against the identified priorities.  It is proposed to include a separate section in the front of the document, similar to that included for the Disability Inclusion Action Plan, which highlights the key purpose of the strategy and where actions within it sit within the Operational Plan. 

Councillor Priorities

At the beginning of their term, Councillors endorsed four priority focus areas (infrastructure in hot spots, communication, the DA process and footpaths) and four priority projects (Gipps Street, City Park, Regatta Park and a multi deck car park in the Penrith City Centre).  It is proposed to insert additional pages at the front of the document which identify what has already occurred to progress these priorities, what is proposed for 2018-19 and what is proposed for the remainder of the Delivery Program. 

Additional actions

General feedback from the community as part of the exhibition of the draft plan has indicated that it can be difficult to identify key projects and initiatives Council is undertaking as there are several different places in the documents that list different activities.  To improve community understanding of Council’s planned activities for 2018-19 and incorporate changes in proposed work plans, new actions are recommended for the following:

Action

Reason

Development of a destination management plan to improve tourism

A review of Council’s existing approach to tourism is needed in light of the Strategic Alliance and other opportunities.

Commencement of background studies to inform the preparation of the Local Strategic Planning Statements

Additional information on what is needed for the Local Strategic Planning Statements released by the state government. 

Complete a review of planning controls, parking and traffic in the Penrith City Centre

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Finalise design and commence construction of the North Street carpark

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Continue negotiations around delivery of a multi-use development including public carpark on Union Road

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Deliver The Northern Road and Erskine Park Road intersection improvements

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Better boating program improvements to Tench Reserve

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Completion of the improvement works on High Street

Identified as a project in the schedules of the draft plan, included as an action to improve communication with the community

Review the street and park tree management plan

Review of this plan required following the recent inquest.

Finalise negotiations around the new waste contracts and prepare for implementation

Highlight activities needed to finalise new waste contract to the community

Assess tree canopy and coverage across the City and look to establish targets

Priority action under Cooling the City Strategy now able to be funded

Finalise tender and commence construction of new playing fields and associated facilities at the Kingsway.

Project able to commence as area no longer impacted by transport corridors.  Included as an action to improve communication with the community.

Coordinate the implementation of the Working Together Agreement with the Deerubbin Local Aboriginal Land Council

New action needed following signing of the Working Together Agreement in May 2018.

Undertake the audit program as agreed with the Audit Risk and Improvement Committee

Highlight the activities required to support the ARIC

Undertake an end to end review of the DA process

Highlight intended review to the community and Councillors

 

Structural and staff changes

Names and responsibilities within the draft plan will be updated to reflect staff changes that have been finalised since the exhibition of the draft plan.

Councillors were forwarded draft copies of the proposed new pages for Cooling the City and Councillor priorities, and details of all new actions under separate cover.  These changes will be incorporated into the draft Delivery Program and 2018-19 Operational Plan if adopted at this meeting. 

 

Changes to Operational Plan - Budget Adjustments

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

 

The exhibited draft 2017-21 Delivery Program (incorporating the 2018-19 Operational Plan) presented a balanced budget. During the Exhibition period a small number of adjustments have been made and a balanced budget will still be achieved should Council choose to adopt all the proposed recommendations contained within this report.

 

At the Ordinary Meeting on 28 May 2018, Council adopted the March 2018 Quarterly Review which included revotes totalling $2.7m for capital works (including $1.25m for Building Asset Renewal), and $0.4m for operational works.

 

Budget Adjustments impacting available funds

 

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

 

Rates Income – increase of $1,152,600 F

Rates income reported in the Draft Operational Plan was based on forecasts prepared in December 2017. New estimates now include additional notional income from registered developments completed ahead of forecasts in the long term financial plan, particularly the high number of new large strata developments completed in 2017-18.

 

Employee Costs – decrease of $95,626 F

Employee cost budgets have now been updated to reflect the impact of department restructures and job evaluations finalised during the exhibition period, with a portion of these adjustments being funded.  In addition, grant and reserve funding for employee costs that were not included in the draft 2018-19 Budget and now replace General Revenue funding have now been confirmed. The net impact of these budget adjustments is a $95,626 increase to General Revenue.

 

Other – $83,776 F

Other variations totalling $83,776 (favourable) have combined with the above budget variations to maintain a balanced budget.

 

Transfer to Reserve – increase of $1,332,002 A

A balanced budget for 2018-19 Budget is presented tonight. Within this balanced budget it is proposed to retain an amount in Council’s internal reserves to provide for any significant movements that may arise in the current assumptions. This strategy provides capacity to respond to variations that may occur in assumptions and estimates within the 2018-19 budget, address emerging priorities in future quarterly reviews, and make provision for future year projects.

 

Budget Adjustments with no impact on available funds

A number of other budget variations, proposed as part of this review, do not have an impact on the available funds. Details of the more significant of these variations are provided below.

Innovative Performance Team Project – increase of $957,034

 

The Innovation Performance Team was set up in July 2017 to deliver productivity initiatives.  The team conducts projects to find solutions that increase the capacity of our staff to deliver great work and contribute to the productivity goals.  The Innovative Performance strategy is a people-focused growth strategy - “Grow Our People, to Allow Council to Grow”. The budget provided will enable the team to continue into 2018 – 19 with funding provided from the Productivity Initiatives Reserve.

 

Road Network Survey – increase of $200,000

This is a new project where the internal Asset Management Restorations reserve have been allocated to provision for the undertaking of an automated road and footpath network survey to update the pavement management system and provide data to develop future works programs.

 

Strong and Resilient Communities – increase of $148,360

 

This is a new project funded by the Department of Social Services and aims to build strong, resilient and cohesive communities.  Funds will benefit children in the middle years aged 5-12 years in Council OSH services through the development of a mentoring and sports and recreational based program to promote resilience and inclusion.

 

Restoration of Poor Condition Path Paving – increase of $100,000

 

This is a new project where the internal Asset Management Restorations reserve have been allocated to provision for the undertaking of prioritised identified path paving repairs to reduce the backlog of path repairs that have been previously reported to IPART.

 

Changes to Fees and Charges

 

During the exhibition period the following changes have been proposed to the draft 2018-19 Fees and Charges:

 

·    The Office of Local Government announced the increase to companion animal registration fees for 2018-19 in line with CPI.

·    There have been several minor changes to fee names and conditions.

·    There have been several GST status changes as a result of a review of Council’s fees & charges.

·    Extra Recycling Charge -The draft 2018-19 Fees and Charges on Exhibition included service options with an extra recycling bin based on $35.  The $35 cost for an additional recycling bin has not changed for the past two financial years. After the exhibition process had commenced on 9th May 2018, information provided by the EPA and recycling contractor VISY Recycling gave strong indication that there will be significantly increased processing fees for recycling within the next 12 months. This is due to shifts in the import of recycling commodities with more stringent controls on contamination levels impacting recycling processing costs.

On this basis, a report was presented to Council on the 28 May 2018 at which Council approved the exhibition of an amendment to the Fees and Charges section of Council's Operational Plan allowing an increase in the additional Domestic Waste Charge for any service with an extra recycling bin, which was originally proposed to be $35 but now is proposed to be $50.

The Local Government Act 1993 section 610E (2) requires the Council to provide public notice of proposed categories in the same way as it is required to give public notice of the amount of a proposed fee under section 610F (2) or (3). That is, the Council must give public notice (in accordance with section 705) for at least 28 days. As the proposed increased charge for the provision of an extra recycling bin was not included in the original 2018-19 Operational Plan on Exhibition, Council needed to provide at least 28 days public notice of its determination. As such the change was placed on exhibition for 28 days and this period finishes on 25 June 2018.

 

The impact of the increase for the extra recycling bin is shown in the tables below:

Service Option- 3 bin service

Original Charge on Exhibition

Revised Charge

Domestic Waste Standard Service 1 Org & 2 Rec

$434

$449

Domestic Waste Wkly 140L Red Service 1 Org & 2 Rec

$618

$633

Domestic Waste Reduced Organics 2 Recycling

$402

$417

Domestic Waste Wkly Red Service (Sml) 1 Org & 2 Rec

$585

$600

Domestic Waste (Medium) Service 1 Org & 2 Rec

$501

$516

Domestic Waste (Lge) Service 1 Org & 2 Rec

$507

$522

2 Domestic Waste (Lge) Service 1 Org & 2 Rec

$682

$697

Domestic Waste Wkly Red Service (Lge) 1 Org & 2 Rec

$791

$806

 

Service Option- 2 bin service

Original Charge on Exhibition

Revised Charge

1 Domestic Waste 2 Recycling

$481

$496

1 Domestic Waste 3 Recycling

$516

$546

2 Domestic Waste 3 Recycling

$927

$942

2 Domestic Waste 4 Recycling

$962

$992

1x140L Dom Waste 2 Recycling

$445

$460

 

The 2018-19 Fees and Charges document presented tonight for adoption by Council includes this updated charge of $50 for the extra recycling service

Attachment 2 provides a list of these proposed changes.

 

The Making of Rates and Charges for 2018-19

Each year Council must determine a rating policy for the next financial year and then resolve to adopt the rates and charges before rates notices can be served.

 

The Local Government Act 1993 provides for a number of rating structures that ensure Councils have the flexibility to develop a structure that best provides equity for their Local Government Area. Council’s current structure is an ad valorem rate with a minimum amount, based on the land value of the property as determined by the NSW Valuer-General. This is the rates structure that Council has used for many decades.

 

Council’s Rating Policy was considered in detail during the development of the 2018-19 Budget with a formal rates structure review conducted between September 2017 and March 2018. This was done at the request of Councillors and following on from representations by a number of rural property owners about the rates increases in 2016-17 and 2017-18 due to spikes in valuation increases for rural properties. Councillors considered the rating structure options available to see if there was any equitable way to adjust Council’s rating structure to provide rates relief for rural property owners.

 

Effectively, there are two mechanisms which Council could introduce to deliver rate reductions for rural property owners. One is a change to a Base Rate structure, where only a portion of the rates assessment would be determined by the land valuation, with the balance of the assessment being made up of a flat rate applied to all properties. The other change is the introduction of a Rural Residential sub-category where a lower rate could be set for some eligible rural properties, with a corresponding increase for other properties including rural properties below 2 hectares(and over 40 hectares). The unfavourable impacts of Council moving to either of these structures are detailed below.

 

A change to a Base Rate structure would:

 

·    Lead to greater rates increases above general annual increases for property owners with mid ranged land values, where there were only small to moderate valuation increases, compared to rural property owners where there were significant increases to land valuations.

·    Reduce rates for owners of multi-unit strata developments. This would greatly reduce how much new strata properties are charged when they are first developed reducing rates payable by owners of these new properties from around $1,000 to around $700 each. As a majority of newer properties are strata properties, this would result in inequitable impacts on Penrith City Council’s long term financial plan and once adopted would effectively require existing owners to subsidise new services for new properties.

 

A change to include a lower Rural Residential rate would:

 

·    Only be available to be used for rural properties that are between 2 and 40 hectares, meaning over 50% of rural properties that had land sizes of 1.99 hectares or less (and over 40 hectares) would not be able to receive a discounted rate. This land size criteria is set in legislation in the NSW Local Government Act.

·    Mean that over 50% (2,299) of rural properties that would not be eligible for a discount and would have seen greater increases due to rate discounts being funded by increasing rates for other properties.

·    Lead to increases in rates for property owners in predominantly urban areas, where there were only small to moderate valuation increases, compared to rural property owners where there were moderate to significant increases to valuations.

 

Despite significant rates modelling being conducted to give consideration to provide rates relief for rural owners, the existing rates structure was believed to be the most equitable way under the allowable options in the Local Government Act for Council to assess rates, and therefore Council endorsed for public exhibition the continuation of the existing ad valorem with a minimum rate as the rates structure for 2018-19.

 

It is required that Council make the Rates and Charges for 2018-19 under Section 535 of the Local Government Act 1993 before it can legally serve rates notices. This is in conjunction with the adoption of the 2018-19 Operational Plan and 2018-19 Fees & Charges, both being considered with this report at tonight’s Council meeting.

 

The proposed Rates include the full increase approved by IPART in 2016 for 2018-19 being a 5.2% Special Rate Variation. This report recommends that the information be received and that the 2018-19 Rates and Charges be made as detailed in the report.

 

The following resolutions need to be formally adopted by Council to make the Rates and Charges for 2018-19.

Ordinary Rate

The proposed Residential, Business and Farmland rates for 2018-19 are to be charged in accordance with Section 535 of the Local Government Act 1993 as follows:

 

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1,059.35

0.362022

Farmland

$1,059.35

0.181011

Business

$1,277.25

0.644534

Business subcategory – Penrith CBD

$1,277.25

0.731541

Business subcategory – St Marys Town Centre

$1,277.25

0.990964

 

Stormwater Charges

The Stormwater Management Service charge proposed to be applied on all urban residential and urban business land is outlined below. This is in accordance with Council’s Policy outlined in the 2018-19 Operational Plan and Fees & Charges (except land which is exempt from the Stormwater Management Services charge as outlined in Section 496A of the Local Government Act 1993).

 

For the 2018-19 year, the proposed charges are:

 

·    Residential non-strata properties

$25 per annum

·    Residential strata properties

$12.50 per annum

·    Urban business properties

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

 

Domestic Waste Charges

Domestic Waste Service charges are proposed to be applied to each parcel of rateable land and each occupancy for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2018-19 Operational Plan and 2018-19 Fees & Charges including changes endorsed at the Ordinary Meeting on 28 April 2018.

 

Effluent Charges

It is proposed that the annual charges for effluent removal services are applied to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2018-19 Operational Plan and 2018-19 Fees & Charges. Additional pump-out services are subject to an additional charge at the amounts specified in the 2018-19 Operational Plan and 2018-19 Fees & Charges.

 

 

 

 

 

Interest

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, it is proposed that an interest charge of 7.5% per annum as permitted by the Minister for Local Government be used for 2018-19.

 

Pension Rebate

Council will provide a mandatory pension rebate to a maximum of $250 for eligible pensioners in accordance with Section 515 of the Local Government Act 1993. In addition to the mandatory pensioner rebate, it is proposed that Council will continue a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Properties that do not receive a Stormwater Management Service Charge will not receive a voluntary rebate.  Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993.

Conclusion

This report seeks Council’s adoption of the draft documents (with proposed changes outlined in this report and the associated attachments), following Council’s consideration of the submissions and the budget variations proposed for 2018-19. 

 

Once Council adopts the revised Delivery Program 2017-21 (incorporating the 2018-19 Operational Plan and Fees & Charges), the adopted Plan will be available on Council’s website within 28 days as outlined in the Local Government Act 1993 section 405(6).

 

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

 

This report also recommends that that Council make the Rates and Charges for 2018-19 under Section 535 of the Local Government Act 1993, as detailed in this report.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan be received.

2.    In accordance with the Local Government Act 1993 under section 405, Council adopt Council's Community Plan; Delivery Program 2017-21 and 2018-19 Operational Plan, including proposed changes outlined in this report, any amendments made at tonight’s meeting; and any additional minor corrections.

3.    Council adopt the following to make the Rates and Charges for 2018-19:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2018-19 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

 

 

 

 

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1,059.35

0.362022

Farmland

$1,059.35

0.181011

Business

$1,277.25

0.644534

Business subcategory – Penrith CBD

$1,277.25

0.731541

Business subcategory –

St Marys Town Centre

$1,277.25

0.990964

b.    Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2018-19 Operational Plan and 2018-19 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2018-19 Operational Plan and 2018-19 Fees & Charges.

e.    Interest: Council make the interest charge of 7.5% per annum for 2018-19 as allowable under Section 566(3) of the Local Government Act 1993.

f.     Pension Rebate: Council provide a voluntary rebate under Section 582 of the Local Government Act 1993 in addition to the mandatory pensioner rebate. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property, and include pro-rata calculations according to Sections 575 and 584 of the Local Government Act 1993.

4.    Service of Rate Notices: The General Manager be and is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council.

 

 

ATTACHMENTS/APPENDICES

1.

Proposed Amendments - 2018-19 Operational Plan

3 Pages

Attachments Included

2.

Proposed Amendments- 2018-19 Fees and Charges

3 Pages

Attachments Included

3.

2018-19 Fees and Charges

83 Pages

Attachments Included

4.

Delivery Program 2017-21 & Operational Plan 2018-19

125 Pages

Attachments Included

5.

Community Plan

60 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

12

Councillor Representation on Working Parties and Committees    

 

Compiled by:               Adam Beggs, Governance Coordinator

Erich Weller, Community and Cultural Development Manager

Mylvaganam Senthilvasan, Engineering Coordinator

Wendy  Connell, Senior Environmental Planner

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's meeting calendar, meeting process and business papers

      

 

Executive Summary

Earlier this year the General Manager, Alan Stoneham received the written resignations of former Councillors Josh Hoole and Ben Price. Subsequently Council By-Elections were held in May 2018 for the South and East Ward with Councillors Brian Cartwright and Robin Cook being elected respectively.

 

As a result of the councillor resignations there are a number of current vacancies on various Council working parties and committees. The purpose of this report is to seek nominations to fill those vacancies for the remainder of the term of Council.

Background

Council participates in various discussion and/or decision-making forums and committees both internally and externally. Participation in these forums and committees gives Councillors more opportunity to have their say on issues important to their communities.

 

Following on from the 2016 General Council Election, Council considered a number of reports at both the September and November 2016 Council meetings to fill the vacancies for each forum.

 

The list below outlines each of the committees and the working party and that now require Councillor Representation due to a vacancy having been created.

 

1.    Access Committee

 

The Committee meets up to six (6) times a year on the second Wednesday of every second month at 5.00pm at the Civic Centre. 

 

The Committee has provision for three (3) Councillor members. The current Councillor representatives are Deputy Mayor, Councillor Tricia Hitchen and Councillor Todd Carney.

 

There is one (1) vacancy on the Committee that requires filling, as it has remained vacant since September 2016. It is proposed that Council should nominate one (1) Councillor to the Access Committee.

 

The next meeting is scheduled for 8 August 2018.

 

 

2.    Heritage Advisory Committee

 

The Committee has 6 meetings a year at the Civic Centre on a Wednesday commencing at 5.00pm.

 

The Committee has two (2) Councillor representatives and now has one vacancy due to the resignation of former Councillor Josh Hoole. The other Councillor representative is Councillor Marcus Cornish.

 

It is proposed Council should nominate one (1) Councillor to the Heritage Advisory Committee.

 

The next meeting is scheduled for Wednesday 22 August 2018.

 

3.    Floodplain Risk Management Committee and Floodplain Management  Working Party

 

The Floodplain Risk Management Committee (FRMC) was established to assist Council in the development and implementation of floodplain management plans, and to provide a link between local communities and Council on floodplain management matters. The establishment of the committee is a key recommendation of the State Government, and is compliant with the NSW Floodplain Development Manual.

 

The FRMC is an advisory committee with its principal objective to assist Council in the development and implementation of management plans under Council’s jurisdiction. The FRMC assists in formulating objectives, strategies and outcomes, and assists in providing a link between the local community and Council.

 

Membership consists of Councillors (Chair and up to three (3) additional Councillors) with all Councillors invited to attend. The committee also includes; staff, state agency representatives, local community representatives and officers from adjoining Councils.

 

The FMWP was established to assist Council in formulating floodplain management objectives, strategies and outcomes and to provide guidance, advice and oversight to Council along with informing overseeing and guiding deliberations over matters relating to all aspects of flooding.

 

After the 2016 Local Government election the following representatives were nominated to both meetings: Councillor Jim Aitken OAM, Councillor Kevin Crameri OAM, Councillor Marcus Cornish and former Councillor Joshua Hoole. With the resignation of former Councillor Hoole both meetings are now represented by the three remaining Councillors.

 

Council may wish to consider nominating one more Councillor to the FRMC and FMWP to fill the vacancy created by former Councillor Hoole.

 

The committee meets quarterly, on a Monday afternoon at 4pm. The next meeting will be held on 3 September 2018.

 

The working party meets quarterly, on a Monday afternoon at 4pm. The next meeting will be held on 6 August 2018.

 

 

 

4.    Multicultural Working Party

 

The Multicultural Working Party was established by Council after the 2017 Local Government Elections. The Working Party was established to provide advice to Council on issues relating to Multiculturalism and the wellbeing of residents from Culturally and Linguistically Diverse (CALD) backgrounds in Penrith City.

 

Membership consists of three (3) Councillors including a Chairperson with all Councillors invited to attend and up to eight (8) community members from various relevant fields in the Local Government Area. The current remaining Councillor representatives are Councillor Karen McKeown OAM and Councillor Aaron Duke.

 

The Working Party now has one vacancy due to the resignation of former Councillor Josh Hoole. It is proposed that Council should nominate one (1) Councillor to the Multicultural Working Party.

 

The Multicultural Working Party meets quarterly, at Council, on a Wednesday evening at 5pm.

 

The next meeting is scheduled for 28 August 2018.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Representation on Working Parties and Committees  be received

2.     Council consider nominating one (1) councillor to represent Council on the Access Committee for the remainder of this council term.

3.     Council consider nominating one (1) councillor to represent Council on the Heritage Advisory Committee for the remainder of this council term.

4.     Council consider nominating one (1) councillor to represent Council on the Floodplain Risk Management Committee and Floodplain Management Working Party for the remainder of this council term.

5.     Council consider nominating one (1) councillor to represent Council on the Multicultural Working Party for the remainder of this council term.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

13

Easements to Epsilon Distribution Ministerial Holding Corporation (T/A Endeavour Energy) for Padmount Substations at 229 Caddens Road, Caddens known as Lot 754 DP1180111   

 

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)

      

 

Executive Summary

The purpose of this report is to seek Council’s approval for the granting of easements for padmount substation purposes over Council owned land at 229 Caddens Road, Caddens (Lot 754 DP1180111). The proposed easements are to benefit Epsilon Ministerial Holding Corporation (T/A Endeavour Energy) in accordance with Development Consent (DA16/1166).

Background

Penrith City Council and LegPro Pty Ltd entered a Voluntary Planning Agreement (VPA) on 18 December 2017 for land generally bounded by Caddens Road and O’Connell Street, Caddens.

 

The development comprises a staged residential subdivision (Stages 1 – 6), the embellishment of the Hilltop Park, construction of sporting fields, local open space and an associated detention basin.

 

A condition of development consent in accordance with DA16/1166 requires the establishment of two padmount substations and the granting of associated easements to the benefit of Epsilon Distribution Ministerial Holding Corporation (T/A Endeavour Energy).

 

The proposed easements are located within land previously dedicated to Council for playing fields and local open space known as 229 Caddens Road Caddens (Lot 754 DP1180111) the “subject site”. A location plan is shown in Attachment 1.

 

The proposed substations are 2.75m wide and are located at the south-western corner and the north-western corner of the subject site. The proposed substation positions have been considered as part of the development application process to ensure no adverse impact on the future use of the playing fields as shown in Attachment 2. 

 

A copy of the relevant 88b instrument and final plan of subdivision including the identified easement locations is included in Attachment 3.

 

Conclusion

 

LegPro Pty Ltd will be responsible for all costs associated with the preparation of the required documentation, formal registration of the easements and associated Council fees and charges.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Easements to Epsilon Distribution Ministerial Holding Corporation (T/A Endeavour Energy) for Padmount Substations at 229 Caddens Road, Caddens known as Lot 754 DP1180111 be received.

2.    Council grant the easements over 229 Caddens Road Caddens (Lot 754 DP1180111) to benefit Epsilon Distribution Ministerial Holding Corporation in accordance with the terms and conditions listed in this report.

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

 

 

ATTACHMENTS/APPENDICES

1.

Location Map - 229 Caddens Road Caddens

1 Page

Attachments Included

2.

Sporting Fields Plan

1 Page

Attachments Included

3.

Subdivision Plan and 88b Instrument

19 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

14

2018-19 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 2018-19 Borrowing Program comprises of the renewal of a $1.40 million loan scheduled to mature in August 2018 originally borrowed in 2013, and is now due for renegotiation and renewal.

 

The loan will be drawn down prior to 18 August 2018 to take advantage of low interest rates currently available.

Background

The adopted Operational Plan for 2018-19 includes a Borrowing Program that comprises of existing loans totalling $1.40 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 $1,400,000 consisting of:

·    $1,400,000 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.

 

As part of the 2018-19 loan application process, Council will evaluate the loan rates offered by the banks and financial institutions. Tcorp will not quote on this loan due to their policy of not refinancing existing loans. The most favourable rate and term 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.

 

The remainder of the 2018-19 borrowing program including new borrowings and refinancing will be negotiated in June 2019.

 

This report recommends following the same Loan Application Process outlined above, for the 2018-19 Borrowing Program.

RECOMMENDATION

That:

1.    The information contained in the report on 2018-19 Borrowing Program be received

2.    Council borrow the $1,400,000 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

There are no attachments for this report.


Ordinary Meeting                                                                                                   25 June 2018

 

 

 

15

Summary of Investments & Banking for the period 1 May 2018 to 31 May 2018   

 

Compiled by:               Ashley Zanier, Assistant Accountant

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for May 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 May to 31 May 2018 and a reconciliation of invested funds as at 31 May 2018.

 

The investment returns versus the benchmark as a percentage for May 2018 are:

 

·    Council portfolio current yield (including FRNs)          2.60%

·    90 day Bank Bill Swap rate (Benchmark)                    1.96%

 

 

The report recommends that the information contained in the report be received.

Background

Attached to this report is a Summary of Investments including Economic Commentary for May 2018, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for May 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 31 May 2018.

 

                                             

Andrew Moore

Responsible Accounting Officer

Executive Summary

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 May 2018 to 31 May 2018 be received

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 May 2018 to 31 May 2018 be noted and accepted.

3.    The graphical investment analysis as at 31 May 2018 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investments & Banking Report

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                25 June 2018

Appendix 1 - Investments & Banking Report

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday June 25 2018

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Primary Application - Part Lot 10 Union Road Penrith (Union Road Carpark)            2

 

 

 


Ordinary Meeting                                                                                                   25 June 2018

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·         reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

 

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 1

 

2        Primary Application - Part Lot 10 Union Road Penrith (Union Road Carpark) 

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.

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 25 June 2018

Report Title:            Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan

Attachments:           Proposed Amendments - 2018-19 Operational Plan

                                Proposed Amendments- 2018-19 Fees and Charges

                                2018-19 Fees and Charges

                                Delivery Program 2017-21 & Operational Plan 2018-19

                                Community Plan



Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          25 June 2018

Attachment 1 - Proposed Amendments - 2018-19 Operational Plan

 

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Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                25 June 2018

Attachment 2 - Proposed Amendments- 2018-19 Fees and Charges

 

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Ordinary Meeting                                                                                                                25 June 2018

Attachment 3 - 2018-19 Fees and Charges

 

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