Council_Mark_POS_RGB

19 July 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 23 July 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 Aaron Duke - 23 July 2018.

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 25 June 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

Council wins range of prestigious awards.

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Community Safety Partnership Meeting - 6 June 2018.

Access Committee Meeting - 13 June 2018.

Resilience Committee Meeting - 13 June 2018.

Local Traffic Committee Meeting - 2 July 2018.

Policy Review Committee Meeting - 9 July 2018.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 23 July 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 GallerySouth Ward

 

 

Clr Ross Fowler OAM

North 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 25 JUNE 2018 AT 7:00PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 May 2018

129  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown OAM that the minutes of the Ordinary Meeting of 28 May 2018 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 7 - Tender reference 17/18-30 Construction of Grey Gums Oval Amenities as she is a member of the committee of one of the sporting clubs which utilise Grey Gums Oval.  Councillor Presdee stated that she would leave the meeting during consideration of Item 7.

 

Councillor Robin Cook declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 2 - Australian Government Blackspot Program and NSW Safer Roads Program 2019/20 Nominations as she lives in one of the streets that would potentially benefit from funding through this Program.


 

 

SUSPENSION OF STANDING ORDERS

130  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm.

 

Elisa Todesco

 

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

 

Ms Todesco, an affected resident, spoke in opposition to the recommendation.  Ms Todesco highlighted the cost of rates in the Mt Vernon area and stated that she considered they were too high in comparison to other areas of the Penrith Local Government area, making ownership of rural property in the area unsustainable.  Ms Todesco stated that there was a lack of services in the area, and in particular that there was no kerbing and guttering, no public transport or other similar amenities and that the roads were in poor condition.

 

Procedural Motion

131  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee that an extension of time be granted to allow the speaker to complete her address, the time being 7:12pm.

 

Ms Todesco concluded by requesting Councillors to reconsider the cost of rates in the Mt Vernon area.

 

 

Lou Dulisse

 

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

 

Mr Dulisse, an affected resident, spoke in opposition to the recommendation.  Mr Dulisse questioned why Penrith City Council rural rates were approximately four times higher than other surrounding council rural rates, in particular Liverpool and Fairfield, and highlighted a lack of services available in the area.  Mr Dulisse questioned why Mt Vernon residents do not receive the same amenities and benefits as other areas of the Penrith Local Government area.  Mr Dulisse concluded by requesting Council to consider reducing the cost of rates in the Mt Vernon area.

 

RESUMPTION OF STANDING ORDERS

132  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:23pm.

 


 

 

Mayoral Minutes

 

1        Locals recognised in Queen's Birthday Honours

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

133  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the Mayoral Minute on Locals recognised in Queen's Birthday Honours be received.

 

2        Retirement of General Manager, Alan Stoneham

Councillors Ross Fowler OAM, Greg Davies, Jim Aitken OAM and Mark Davies spoke in support of the Mayoral Minute.

134  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Retirement of General Manager, Alan Stoneham be received.

 

3        Penrith Health Action Plan wins award

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

135  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Penrith Health Action Plan wins award be received.

 

4        Passing of Freda Whitlam, AM

Councillors Karen McKeown OAM and Greg Davies spoke in support of the Mayoral Minute. 

136  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that the Mayoral Minute on the Passing of Freda Whitlam, AM be received.

 

Reports of Committees

 

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

137  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 4 June, 2018 be adopted, with the exception of Items 1, 2 and 3.

 

 


 

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 4          June 2018 - Item 1 - Annual Update Planning Proposal

 

138  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

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 Marcus Cornish

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor John Thain

 

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 4 June 2018 - Item 2 - Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site)

 

139  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

 

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 Marcus Cornish

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor John Thain

 

 

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 4 June 2018 - Item 3 - Reclassification of Council owned land at 11-13 Chesham Street, St Marys        

 

140  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

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 OAM

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

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

141  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee

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.

 

 

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

142  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee

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.

 

 

Outcome 4 - We have safe, vibrant places

 

3        North Penrith Community Centre Management Committee                                        

143  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

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.

 


 

 

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

144  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

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.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 7, Councillor Kath Presdee left the meeting, the time being 8:15pm.

 

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

145  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

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.

 

Councillor Kath Presdee returned to the meeting, the time being 8:17pm.

 

4        Weed Education and Non-Compliance Penalties                                                          

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

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.

3.     A copy of the weed information brochure be provided to all Council staff, in particular outdoor staff who are trained in weed eradication, so that they may readily recognise noxious weeds.

4.     A copy of the weed information brochure be sent to Roads and Maritime Services (RMS), pointing out that the islands in Jordan Springs are infested with Apple of Sodom, and requesting RMS to instigate measures for controlling the growth of this noxious weed. 

5.     A copy of the weed information brochure be forwarded to the National Parks and Wildlife Service, and also to Local Members of Parliament so that they may pass the information on to their departments.

 

5        Triangle Park and High St Projects - Update                                                                 

147  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM that the information contained in the report on Triangle Park and High St Projects - Update be received.

 

Procedural Motion

148  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Item 11 – Adoption of Revised Community Plan, Delivery Program 2017-21 and 2018-19 Operational Plan be brought forward for consideration before the remainder of items on the agenda.

 

 

OUTCOME 7 – WE HAVE CONFIDENCE IN OUR COUNCIL

 

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

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

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.

Councillors Marcus Cornish and Kevin Crameri OAM called for a DIVISION.

For

Against

 

Councillor Kath Presdee

Councillor Bernard Bratusa

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

Councillor Kevin Crameri OAM      

Councillor Todd Carney

Councillor Brian Cartwright

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor John Thain

 

 

 

Outcome 5 - We care about our environment

 

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

150  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke

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.

 

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

Councillor Kevin Crameri OAM left the meeting, the time being 8:47pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:49pm.

         

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

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.

 

Councillor Marcus Cornish called for a DIVISION.

For

Against

 

Councillor Kath Presdee

Councillor Marcus Cornish

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor John Thain

 

 

Councillor Marcus Cornish left the meeting, the time being 9:07pm.

 

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                                           

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

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.

4.     Council thank St Marys Rugby League Football Club for its contribution through a Community Building Partnership Grant.

 

 


 

 

Outcome 7 - We have confidence in our Council

 

12      Councillor Representation on Working Parties and Committees

Councillor Marcus Cornish returned to the meeting, the time being 9:09pm.                             

153  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Councillor Representation on Working Parties and Committees  be received

2.     Council nominate Councillor Robin Cook to represent Council on the Access Committee for the remainder of this council term.

3.     Council nominate Councillor Brian Cartwright to represent Council on the Heritage Advisory Committee for the remainder of this council term.

4.     Council nominate Councillor Robin Cook to represent Council on the Multicultural Working Party for the remainder of this council term.

 

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                                                                                                                          

154  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

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.

 

14      2018-19 Borrowing Program                                                                                            

155  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

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.

 

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

156  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

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.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

Councillor Greg Davies left the meeting, the time being 9:10pm.

 

RR 1           Library Funding

Councillor Karen McKeown OAM requested a memo reply to all Councillors regarding the likely impact on Penrith City Council Libraries of the 10 per cent reduction to funding for libraries reported in the recent State Budget.

 

RR 2           Provision of Housing in Western Sydney    

Councillor Kevin Crameri OAM requested a report to Council detailing how many houses Penrith City is expected to provide, and in which suburbs, as part of the Western Sydney housing quota.

 

RR 3           Village Cafe Project   

Councillor Robin Cook requested a report to Council providing information on extending the program funding for the Village Café project beyond 2019 as this provides a valuable resource to the community.

 

RR 4           Erskine Park Road Upgrades     

Councillor Todd Carney requested a memo reply to all Councillors providing an update on the progress of the upgrades to Erskine Park Road, including when the starting date is likely to be.

Councillor Greg Davies returned to the meeting, the time being 9:15pm.

 

RR 5           Mamre Road Upgrade         

Councillor Todd Carney requested a memo reply to all Councillors providing an update on the Mamre Road upgrade, to include information as to why a left-hand turn only out of McIntyre Avenue has been provided and not a right-hand turn as well.

 

RR 6           Housing in Noise Contour areas surrounding the future Western Sydney Airport      

Councillor Todd Carney requested a memo reply to all Councillors providing information as to what housing will be permissible within the noise contour area around the Western Sydney Airport site, and that Council officers write to the Minister for Planning seeking clarification of any changes as to what housing will be permissible and the impact this is likely to have on future housing in affected suburbs within the Penrith Local Government area.

 

RR 7           General Manager Extension       

His Worship the Mayor, Councillor John Thain requested that a matter be referred to Committee of the Whole as the matter refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

Committee of the Whole

 

157 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Marcus Cornish that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:18pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Brian Cartwright seconded Councillor Marcus Cornish that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

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.

 

 

3        General Manager Extension                                                                                             

 

His Worship the Mayor, Councillor John Thain requested that a matter be referred to Committee of the Whole as the matter 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 9:23pm and the General Manager reported that the Committee of the Whole met at 9:19pm on 25 June 2018, the following being present

 

 

 

His Worship the Mayor, Councillor John Thain and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown OAM 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        Primary Application - Part Lot 10 Union Road Penrith (Union Road Carpark)          

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robin Cook

CW2 That:

1.     The information contained in the report on Primary Application - Part Lot 10 Union Road Penrith (Union Road Carpark) be received.

2.     The subject land be classified as Operational under S 31 Local Government Act 1993 upon transfer to Council.

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

 

3        General Manager Extension        

 

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

CW3  That:

1.    The information contained in the report on General Manager Extension be received.

2.    Mr Alan Stoneham be offered a contract for the period of 2 July 2018 to 26 August 2018 under section 351 of the Local Government Act 1993 to fill the vacancy in the Office of the General Manager during that period.

3.    Mr Alan Stoneham be offered a further two-week appointment to assist with the new General Manager’s orientation.

4.    The Council note that Mr Warwick Winn will commence as General Manager on Monday 27 August 2018.

 

 

ADOPTION OF Committee of the Whole

 

158  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor  Marcus Cornish that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:26pm.

 



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        Council wins range of prestigious awards                                                                         1

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

Mayoral Minute

Council wins range of prestigious awards

           

 

I am pleased to note that Council’s efforts and leading practice have again been recognised in some recent prestigious awards.

 

Our 2016-17 Annual Report received a Gold Award in the 2018 Australasian Reporting Awards, the third year in a row we have achieved the highest standard in community reporting. 

 

Council was also recognised in three categories at the Greater Sydney Commission Planning Awards on 26 June.

 

The Quarter (Penrith Health and Education Precinct) was a winner in the Planning for Jobs and Skills category.  Council is one of nine stakeholders that form The Quarter, which is leading the way in health care excellence, medical research and world-class education for our community.

 

Council’s Cooling the City Strategy was a winner in the Great Sustainability Initiative category, and the Village Café was commended in the Great Community Collaboration category.

 

These awards acknowledge excellence in planning and place making and recognise outstanding collaborative, innovative and bold initiatives that deliver benefits to communities, economies and the environment.

 

Congratulations to everyone who contributed to these award-winning projects.

 

 

Councillor John Thain

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Council wins range of prestigious awards be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 6 June 2018                                                                                                                   1

 

2        Report and Recommendations of the Access Committee Meeting held on 13 June 2018                                                                                                                                             6

 

3        Report and Recommendations of the Resilience Committee held on 13 June 2018     13

 

4        Report and Recommendations of the Local Traffic Committee Meeting held on 2 July 2018                                                                                                                                           16

 

5        Report and Recommendations of the Policy Review Committee Meeting on 9 July 2018                                                                                                                                           22

 

 

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 6 June, 2018

 

 

 

PRESENT

Councillor Karen McKeown; Allison Kyriakakis, Penrith City Council; Brett McFadden, Nepean Police Area Command; Erin Davidson, Penrith City Council; Jeni Pollard, Penrith City Council; Ken Innes, Glenmore Park Residents Group; Olivia Kidon, Penrith City Council; Tracy Leahy, Penrith City Council; Gai Hawthorn, Penrith CBD Corporation; Helena Vea, Western Sydney University; Ian Bridges-Webb, Needle and Syringe Program; Monique Ready, Community Junction; Terry Frost, Nepean Police Area Command.

 

APOLOGIES     

Daniel Wanja, Penrith Youth Interagency; Grant Healey, Nepean Police Area Command; Glenn Cooper, Western Sydney University; Julie Page, Needle and Syringe Program; Wayne Willmington, Penrith Valley Chamber of Commerce; Brett Compton, Juvenile Justice, Jeremy Addison, School Infrastructure NSW.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting – 7 March 2018        

The minutes of the Penrith Community Safety Partnership Meeting of 7 March 2018 were confirmed. 

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of Community Safety projects                                                 

Peppertree Reserve Youth Engagement Project, Erskine Park

Monique Ready from Community Junction provided a PowerPoint presentation on the Peppertree Reserve Youth Engagement Project.

The project has been funded by a grant from the NSW Department of Justice to assist in minimising antisocial behaviour and malicious damage in and around Peppertree Reserve. It concludes in June 2018.

Community Junction was engaged for a twelve (12) month period to deliver programs and activities for young people on Friday afternoons/evenings.

Monique reported on a number of positive outcomes that have been achieved as a result of the program, including the establishment of the ‘Erskine Park Youth Leadership Crew’, giving young people an opportunity to take a lead role in the delivery of local events and activities.

 

As a final celebration of the project, young people have been working with a professional artist to design and paint a mural that will be painted on the Erskine Park Community Hall. The mural will be launched with a celebration event in July 2018.

Jeni Pollard thanked Monique for her work in co-ordinating the project, and commended the Community Junction youth team and young people involved on the successful outcomes achieved.

 

Update on the development of the Community Safety Plan 2018 – 2022

Key themes from the draft Community Safety Plan 2018 - 2022 and were presented to a Councillor Briefing in early April and positive feedback was received. 

Community Safety staff are now working through the approval process with Council’s Communications team to finalise the document before being placed on a 30 day public exhibition period. This will provide an opportunity for residents to provide feedback prior to formal presentation to Council. Pending Council adoption, the Plan will then be submitted to the NSW Department of Justice seeking endorsement as a Safer Community Compact, giving Council eligibility to apply for future rounds of NSW crime prevention funding.

 

Operation Bounce Back

Erin advised that Council was successful in receiving funding from the National Motor Vehicle Theft Reduction Council (NMVTRC) again this year to deliver Operation Bounce Back.

This year the program will focus on raising community awareness on how to avoid becoming a victim of car theft and reducing the opportunity for offenders to target homes to access keys.

The key message ‘car security begins at home’ will be promoted through cinema adverting with a three (3) month campaign from May to July showing a 30 second film clip.

Additionally, Community Safety staff will be hosting four (4) community education ‘pop-up stalls’ at local shopping centres, with the support of Nepean Police.

Partnership members wishing to support the project or assist in promoting the campaign should contact Erin who can provide posters, brochures and resources for display.

 

Fencing Solutions in Cranebrook

Olivia advised that post and rail fencing treatments have recently been installed in a number open spaces in Cranebrook to deter trailbike/motorbike access. This has been in response to reports from Nepean Police and the local community. Signage has also been installed advising that trailbikes are not permitted.

Council is seeking support from Housing NSW to implement similar treatments in areas owned by Housing NSW.

Councillor Karen McKeown suggested that consideration be given to the use of sandstone blocks, similar to those that are used in parks as a solution.

 

Warner Graffiti Education Program

Olivia advised that the Graffiti Education Program still continues to be delivered to primary and secondary school students across the Local Government Area. A total of 17 sessions were delivered to 970 students in May 2018.

 

Positive Message Pilot Program in Thornton

 

Olivia provided an update on the Positive Message Pilot Program currently being delivered in Thornton.

Two (2) banners have been installed with the ‘We Play Here’ message and ‘We Live Here’ message. The Thornton residents will relocate these banners as needed. Flyers displaying the program messages were also printed and provided to the Residents Group to distribute via a letterbox drop.

Councillor Karen McKeown advised that there is a community BBQ at the end of the month and suggested we contact the NCNS Community Development Worker at Thornton for more information. Olivia advised that she has been working closely with them over the course of the project.

RECOMMENDED that the information contained in the report on Update on the delivery of Community Safety projects be received

 

 

REGUlar items      

 

Nepean Police Area Command Update

 

Brett advised that following the amalgamation of Penrith and St Marys Police Local Area Commands, the domestic violence team comprises of seven (7) officers and has recently appointed a Sergeant to the team. The team is based at St Marys.

 

Brett also provided information around general trends. Spikes in criminal offences have been negated in the past six (6) months with turnaround times being reduced. This is due to a variety of factors including combined resources as a result of the restructure; increased capacity for first level intervention; and education programs such as Operation Bounce Back which increase awareness and change behaviours in the community, minimising opportunities for criminals.

 

Councillor Karen McKeown asked if Nepean Police Area Command is still in the top 2 for Domestic Violence related offences. Brett responded that it is.

 

Brett further noted that Nepean Police Area Command is better aligned with the Local Government Area to respond to Domestic Violence, where previously he was only responsible for a portion of the LGA, he now has responsibility for the whole LGA.

 

 

GENERAL BUSINESS

 

GB1  Successful Grant Applications

 

Department of Business - Safer Communities Fund, Round 2

 

Council recently received advice that we were successful in receiving $267,000 funding from the Department of Business under Round 2 of the Community Safety Fund for a capital works project, ‘Lights, Bollards, Activate’.

 

The project will fund the installation of custom designed bollards along designated pedestrian plaza areas on High Street that include integrated lighting. The bollards are designed to enhance the public space while providing hostile vehicle mitigation and protective measures for pedestrians.

 

The installation of the bollards will be delivered in conjunction with the High Street upgrades but will not delay delivery of the project. Installation of bollard footings will take place now during the manufacture and delivery process from Germany.

 

Allison Kyriakakis thanked Nepean Police and the Penrith CBD Corporation for their letters of support for the application.

 

Brett noted that if anyone requires letters of support for grant applications, please do not hesitate to contact him to discuss.

 

Tracy Leahy also thanked Nepean Police for providing a letter of support to the Nepean Domestic Violence Network. The Network submitted a Clubs NSW funding application to host the ‘Nepean Elder Abuse and Domestic & Family Violence Forum’. A number of local service providers and Brett provided letters of support which were submitted with the application.

 

 

NSW Department of Justice - NSW Community Safety Fund 2018

 

Advice has been received that the application submitted to the NSW Department of Justice under the NSW Community Safety Fund 2018 was also successful. Approximately $81,000 will be received to deliver the ‘Gen Connect: North St Marys Community Safety Project’ in the 2018/2019 financial year.

The project comprises of three (3) components: a community arts project to reduce graffiti and vandalism and promote positive perceptions of safety in the area; installation of lighting infrastructure in Parklawn Place and delivery of a mentoring program between younger and older residents to foster relationships and community connectedness.

 

GB2  NAIDOC

 

Tracy advised that NAIDOC Week celebrations will be held on Friday 13 July at Jamison Park, Penrith. Approximately 5,000 participants attend the event each year. If services would like to be a part of the day please contact Council’s Community and Cultural Development department. There will be lots of giveaways and information on the day.

 

GB3  Penrith CBD Concerns

 

Gai Hawthorn expressed some safety concerns that members of the CBD Corporation have experienced over the past few months, some of which were reported to Penrith police station with no immediate action.

 

Gai expressed her concern that there is limited Police presence in the Penrith CBD, especially High Street over recent months. Concerns for safety were also attributed to the presence of homeless people in Judges Place Car Park and Union Lane, and an increase in discarded needles and syringes in the area was also noted.

 

Gai asked Brett if any presence could be provided. Brett explained to Gai that if business owners feel there is an immediate threat of danger, call Triple Zero, 000. Operators assess the threat and can allocate resources. However, if it is a theft or incident that has happened in the past and just needs to be reported, the Police Assistance Line is available to receive the call and document the incident on 131 444.

 

Brett also noted that a number of officers are undergoing training for the bicycle team and presence should increase.

 

Gai advised that she regularly encourages businesses to report incidents, and with the support of Council has recently distributed a flyer with relevant emergency contacts to assist with reporting efforts.

 

GB 4     Boarding House Applications

 

Brett McFadden asked if Council could provide information on the number of boarding house development applications over the past 12 months. Police have noticed an increase in the number of DA referrals received for boarding houses and have raised some safety and CPTED concerns.

 

 

There being no further business the Chairperson declared the meeting closed the time being 4.15pm.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 6 June, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 July 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 13 June, 2018

 

 

 

PRESENT

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

 

IN ATTENDANCE

 

Erich Weller – Community and Cultural Development Manager, Claire Galvin – Disability Inclusion Officer, Kathryn Saunders – Senior Development Assessment Planner, Paul Anzellotti – Senior Development Assessment Planner, Grahame Howe – Building Projects Coordinator, Craig Squires – Fire Safety Supervisor.

 

GUESTS

 

Belinda Berryman – Communications Lead - Nepean Hospital Redevelopment, Paul Isaac – Redevelopment Manager, Nepean Hospital Redevelopment.

 

Jia Fernandez - Senior Design Manager – Toga, Alex Black - Development Manager – Toga, David Nelson - Design Lead – Toga, Klaude Lania – Architect – SJB, Senan Mescall - Access Consultant - Mackenzie Group.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen.

 

APOLOGIES

Apologies were accepted from Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 April 2018

The minutes of the Access Committee Meeting of 11 April 2018 were confirmed.

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 1 – Development Applications Referred to the Access Committee DA18/0264 at 634-638 High Street and 89-91 Union Road Penrith as she knows the access consultant on this project and has worked with him previously.  Farah Madon has no involvement in this project.

 

DELIVERY PROGRAM REPORTS

 

Outcome 6 - We are healthy and share strong community spirit

 

3        Nepean Hospital Redevelopment information                                                               

Claire Galvin introduced the report and Belinda Berryman, Communications Lead, Nepean Hospital Redevelopment and Paul Isaac, Redevelopment Manager from Nepean Hospital.

 

Belinda Berryman gave a presentation on Nepean Hospital redevelopment.  An initial allocation of $550 million towards the first stage of the upgrade to Nepean Hospital was announced in November 2016. A second announcement was made in March 2018 for an additional $450 million for stage two of the development.

 

Some of the features of the development include:

 

·    A multi-storey carpark, currently under construction

·    18 extra birthing suites, an increase of 10

·    A neonatal intensive care unit – people from greater western NSW travel to Nepean

·    New community health services in St Marys and Penrith

·    A new emergency department

·    A new clinical services block

·    Expanded Cancer Care centre

·    A helipad on top of the first tower.

 

The second round of funding is to build tower 2 which is planned to house medical imaging and nuclear medicine, palliative care, rehabilitation services and cardiac and respiratory services.

 

It is envisaged that there will be a clear front entry to the new hospital building and more green space. Construction of tower 1 will commence in early 2019.  Planning for stage 2 will correlate towers 1 and 2.  All hospital designs meet disability access standards.  There is clearer wayfinding in new hospitals with services and staff in separate corridors to patients.

 

Belinda Berryman advised that during construction the hospital will keep functioning and disruptions would be minimised.  This includes changes for staff and parking. There will be pressure on carparking from mid-July this year.  The redevelopment group is working closely with Council, the private hospital and the Local Health District to maximise parking opportunities.

 

The multistorey carpark will be completed in 2019 and a helipad constructed on top.  The helipad will be moved to the top of tower 1 when that building is completed.

 

The child care centre will be moved from Somerset Street but the new centre will remain on the hospital campus.  The new child care centre will be constructed before the current children’s centre is closed.

 

Paul Isaac advised that the new main entrance to the hospital will be off Somerset Street.  Part of the current north block will be demolished but the west block will be mainly used for day clinics and out patients.

 

Issues discussed by the Committee included:

 

·    Bus stops on Derby and Somerset Streets

·    The possible widening of Somerset Street

·    Pedestrian access to the new hospital building

·    The current bus shelter being relocated

·    Possible discussions with Transport NSW

·    The possibility of the bus driving through the site to pick up and drop off people.

 

Belinda Berryman advised she would speak to Claire Galvin and place the Access Committee on their newsletter distribution list as well as provide flyers.

 

Councillor Carney asked that when the development has progressed further that a representative of Nepean Hospital Redevelopment come back to the Access Committee.

 

Belinda Berryman suggested that possibly early in 2019 with the planning for stage 2 would be a good time to come back to an Access Committee meeting.  There will also be an arts project integrated into the building – something that makes people feel welcome in that space.  Belinda Berryman would like to come back to hold a workshop and asked if Committee members would like to participate.

 

Councillor Carney thanked Belinda Berryman and Paul Isaac for their presentation.

 

RECOMMENDED

That the information contained in the report on Nepean Hospital Redevelopment information be received.

 

Belinda Berryman and Paul Isaac left the meeting at 5.44pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee                                  

DA18/0264            Demolition of existing structures at 634-638 High Street and 89-91 Union Road, Penrith and construction of part 12 storey and part 15 storey mixed use development including retail premises, 187 residential apartments, carparking, road construction, earthworks, drainage and landscaping

 

Kathryn Saunders spoke to the development application and advised that the proposed development site has frontage to High Street, John Tipping Grove and Union Road.  The apartments would be across two towers with a retail component in tower 1 and commercial premises on the ground floor of tower 2.  A public road is part of this development and the basement parking is accessed from Union Road.  As well as basement carparking there is also parking on levels 1 and 2 of the development.

 

Kathryn Saunders advised that John Tipping Grove would have green space and the ground level would be raised to address the level difference across the site.  A signalised intersection is also part of this development.

 

Kathryn Saunders advised that there are adaptable two bedroom apartments across all levels in both buildings.

 

Issues discussed by the Committee included:

 

·    Access from the ramp at the front of the building on Union Road

·    The access points from High Street being stepped

·    Installation of a crossing on High Street

·    Emergency evacuation and concern regarding the size of the platform in the stairwells

·    Accessible carparking spaces.

 

The guest speakers - Jia Fernandez, Alex Black, David Nelson, Klaude Lania, and Senan Mescall arrived at 6.12pm.

 

Alex Black introduced the other guests and then handed over to Klaude Lania.  Klaude Lania gave an overview of stage 1 of the development and described the future design for the entire site.

 

It is proposed that a substantial public domain be established with a large open space area.  The ground level will be raised, a new side through link be made from High Street to Union Road and pedestrian connection provided to where John Tipping Road currently sits. The arrival point to the development would be from Union Road to building one, through stairs and accessible ramp from the covered concourse to the lobby.

 

Klaude Lania advised that in the future the main pathway will be from John Tipping Road and all pavement would be on the same grade.  There will be grade access from both buildings to the communal open space.

 

Issues discussed by the Committee included:

 

·    Concern regarding the accessible entry being a distance away from the main entrance to the building – this would affect people with wheelchairs and people with other mobility issues

·    Provision of lawns for guide dogs

·    Audio announcements in lifts

·    Paving as per Council’s technical manual

·    The size of platforms inside fire evacuation stairwells

·    The number of steps leading down on the western side of the concourse

·    Provision of seating.

 

Councillor Carney thanked the guests for coming to the meeting.

 

Jia Fernandez, Alex Black, David Nelson, Klaude Lania, and Senan Mescall left the meeting at 6.46pm.

 

DA18/0339             Alterations and additions to Penrith Homemaker Centre Mulgoa Road

Paul Anzellotti spoke to the development application for alterations and additions to Penrith Homemaker Centre (Domayne building), realignment of Wolseley Street and roundabout and associated carparking and site works.  

 

The proposal involves expanding the ground floor extension within the existing Domayne building undercroft and taking over the covered carparking area.  The existing carparking would be reconfigured with an increase of 68 spaces.  Wolseley Street would be realigned and the roundabout repositioned.  The existing 11 carparking spaces on Mulgoa Road would be maintained.

 

An additional escalator will be provided and the existing lift is currently located next door to the café.

 

Three accessible carparking spaces will be provided in this location.  Overall the accessible carpark spaces will be reduced to 34, which is a reduction of five.  The plans lack detail as to the location of the accessible carparking spaces.

 

Issues discussed by the Committee included:

 

·    Pedestrian access to the Homemaker Centre

·    A second lift being provided at the main entrance to the facility

·    Signage for the changed traffic conditions

·    Changes to Mulgoa Road by the RMS

·    Pedestrian or bus access to and from the site while construction is underway

·    An Access Report be requested for this development application

·    The accessible toilet should be located next to the bank of toilets

·    An ambulant toilet facility is required

·    Public transport to the Homemaker Centre

·    Provision of a footpath and entrance to the centre from Mulgoa Road

·    Changes to Mulgoa Road to be taken into consideration.

 

Paul Anzellotti advised that additional information was being requested regarding details in terms of pedestrian links.  A traffic management plan will also be sought before a construction certificate is issued. 

 

Paul Anzellotti said he would take on board regarding the pedestrian access issue.  If Wolseley Street is closed for a period of time a second access to the Homemaker Centre will be retained through Pattys Place.

 

Paul Anzellotti confirmed that he would seek clarification with deficiencies with the plans regarding the building and carpark.  Wayfinding diagrams also to be provided within the carpark and detail and clarification on how the centre will continue to function during the construction phase.

 

Councillor Carney thanked Paul Anzellotti and asked that the development application be brought back to the Committee at a later stage.

 

DA18/0340            Staged Concept Proposal for Community Facility, Conference Centre, Exhibition Centre, Hotel, Retail Premises and Serviced Apartments and Associated Parking, Panthers Rugby League Club, 83 Mulgoa Road

 

Kathryn Saunders presented the proposal for works on the at grade carparking outside the Panthers building on Mulgoa Road.  This proposal takes into consideration the RMS widening of Mulgoa Road.

 

The development application is for a concept proposal for a six storey serviced apartment building, at grade green space, a six storey hotel building with a conference centre, a community centre and for basement shared parking underneath.

 

Stage 1 is for the Western Sydney Community and Conference Centre levels 1 and 2 beneath the hotel.  A separate DA will be lodged to construct the hotel.  There is funding for the community centre so it has to be a separate application, though the intention is to construct it all together.

 

The proposal is for a two storey exhibition hall and community centre. As part of stage 1 the basement carpark will be constructed in two parts. When the first stage is open the public areas such as grassed areas, paving and bench seating will be constructed.

 

A more detailed set of plans has been requested as regards access matters - who intends to use those spaces and what will go in there.  There are ramps and lifts at each end of the basement carparking.

 

Issues discussed by the Committee included:

 

·    Concerns regarding people travelling from the football grounds to the Panthers building.

·    The direct link to the club from the new multideck carpark.

·    Request that outside railings be made of a material which doesn’t heat up too much.

·    Accessible parking next to the lifts.

·    Circular stairways being narrow on one side of the tread and wider on the other side of the tread being a trip hazard.

·    The parents room should not be in the accessible toilet.

·    Opportunity to have a changing places facility in addition to the accessible facilities.

·    Consideration of the head height and branches when choosing plants as often low branches are a hazard.

 

RECOMMENDED

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

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Access Committee - Revised Terms of Reference                                                        

Claire Galvin advised that a report was presented to Council’s Ordinary Council meeting on 30 April and it was endorsed the community membership term be extended from two years to four years.  This will then align with the Councillor term and also give members a longer time on the Committee.

 

It was advised that a letter would be sent to community members in the next few weeks to formally give them notice of the extension of their term on Council’s Access Committee.  The community member term will now finish in August 2020.

 

RECOMMENDED

That the information contained in the report on Access Committee - Revised Terms of Reference be received.

 

Kathryn Saunders left the meeting at 7.32pm.

 

GENERAL BUSINESS

 

GB 1           Path Networks  

Carole Grayson enquired about Council’s strategy in regard to path networks.  She referred to the Active Travel Program which is run with Victorian school children who are encouraged to walk. 

 

Erich Weller suggested receiving a report from Council’s Asset Department regarding the construction program of shared pathways and footpaths.

 

Councillor Carney advised Committee members that if there is something they see as an issue to raise it and he can take it back to Council. 

 

GB 2           Pedestrian Crossings

Anthony Mulholland advised there the tactiles are falling apart on some pedestrian crossings.  It was also advised that High Street is difficult to cross near Subway.

 

GB 3           Dining Seating on Footpaths      

Anthony Mulholland expressed concern regarding shops placing chairs too far out on footpaths making it difficult for people to walk past.  Claire Galvin said this would be addressed in a report on street dining.

 

GB 4           Free Shuttle Bus        

Dianne Brookes spoke about the free shuttle bus which used to run from Penrith to Panthers and advised that Blacktown runs a free bus.

 

Councillor Carney advised that initially the shuttle bus was paid for by the State Government.  Erich Weller also said that patronage levels affected the continuation of the shuttle bus.

 

GB 5           Penrith Railway Station      

Farah Madon advised that she had passed on the Access Committee’s comments regarding the upgrades to Penrith Railway Station to Peta Margrie from Transport for NSW and was informed they would contact Penrith Council next time there is a large project in Penrith.

 

GB 6           Inclusive Play Spaces        

Farah Madon advised that all the workshop groups for the Inclusive Play Spaces initiative are now completed.  The final document will be released very soon and Farah Madon will provide Access Committee members with a copy.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.40pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 June, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 July 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 13 June, 2018

 

 

 

PRESENT

Councillors Karen McKeown OAM and Kath Presdee, Associate Professor Bradley Forssman, Dr Teresa Swist, Helen Ryan, Carina Fernandes, Michelle Tormey, and Nevin Sweeney.

 

IN ATTENDANCE

Sandy Davies – Executive Manager People and Capability; Carmel Hamilton – Sustainability Coordinator; Andrew Hewson – Sustainability Education Officer; Jennifer Moses – Sustainability Research Planner.

 

APOLOGIES

His Worship the Mayor, John Thain, Suzanne Dunford, Jeremy Spinak, Craig Butler.

 

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 7 February 2018

The minutes of the Resilience Committee Meeting of 7 February 2018 be confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 5 - We care about our environment

 

1        Setting a Community Emissions Target

Alexi Lynch, Business Manager at Ironbark Sustainability presented the report. Council’s participation in the Global Covenant of Mayors for Climate and Energy (GCOM) sets out a number of requirements around climate change mitigation and adaptation, including the need to set a community emissions target.

There are a number of approaches that can be used to set emissions targets, including top down, bottom up and aspirational targets. It is recommended that Council use the top down approach in line with industry best practice.

A top down approach results in a target that is based on the remaining available carbon budget for Australia and then scaling this for the Penrith local government area, taking into account growth and socio-economic factors. This approach is a logical and fair way to set a target and shifts the focus to encouraging council to work with stakeholders including governments, businesses and the local community to achieve the required reductions.

There was strong support from the Committee for the concept of a community emissions target and the use of the top down approach to set the target. The Committee also felt that engaging with the community, and in particular our larger community partners, would be important in building understanding and support for the target and actions to support it.                                                                                         

 

 

RECOMMENDED

That:

1.    The information contained in the report on Setting a Community Emissions Target be received.

2.    The Resilience Committee strongly endorses the need to work towards a community emissions target and using a top down approach to set the target.

3.    The information be taken to a Councillor Briefing for further action.

 

2        NSW Government's Energy Affordability package

Suzanne Dunford was to present this item but was unable to attend the meeting. It was agreed to defer the item until the next meeting.                                                                                       

RECOMMENDED

The item be deferred until the next Resilience Committee meeting.

 

3        EmPowering Penrith - community energy program

Andrew Hewson presented the report and outlined a community energy program that is currently under development with the working title ‘EmPowering Penrith’.

The program will build on the strong community interest around energy efficiency, solar and batteries that we have recently experienced in the delivery of two solar and energy information evenings.

The project will include a number of home energy audits to provide specific recommendations to improve energy efficiency and reduce energy costs, broad communications and engagement including the development of case studies, development of a community of practice among the participants and a range of events to provide more detailed information to participants and the wider community.

It is intended to apply for grant funding to supplement existing program funding. This would assist in increasing the number of audits able to be offered under the program but all other elements would remain the same.                                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on EmPowering Penrith - community energy program be received.

2.    The Resilience Committee endorse Council’s application to apply for funding from the Environment Education Grants offered by the NSW Environmental Trust.

 

 

 

 

 

 

 

 

 

 

GENERAL BUSINESS

 

GB 1           Penrith Health Action Plan is ‘Highly Commended’      

 Bradley Forssman advised that on 7 June 2018 the Penrith Health Action Plan was awarded ‘Highly Commended’ in the NSW Local Government Excellence Awards in the Community Partnerships and Collaboration category. The Penrith Health Action Plan is a collaboration between Nepean Blue Mountains Local Health District, Penrith City Council and the Nepean Blue Mountains Primary Health Network.

 

GB 2           NSW Government Open Space & Greener Sydney Package 

Carmel Hamilton provided information on the recently announced funding from the NSW Department of Planning and Environment. A number of components have been outlined, including $150 million to deliver 5 million trees. All funding is to be directed at on the ground projects and there is likely to be grants available to local councils in the future. Information will be provided as it becomes available.

 

GB 3           Psyllids in Peppermint Reserve

Michelle Tormey asked for an update on an infestation of psyllids in the trees in Peppermint Reserve. Information on this will be provided through a memo to all members of the Committee.

 

GB 4           Emu Study in Wianamatta Regional Park    

Michelle Tormey asked for information on whether an Emu Study had been completed in Wianamatta Regional Park. Information will be provided through a memo to all members of the Committee.

 

GB 5           Penrith Council ‘World Environment Day’ Event 

 Carmel Hamilton advised that this year Penrith Council is partnering with Lend Lease to deliver a community event for World Environment Day on Saturday 16 June at the Jordan Springs Community Hub. The day will include a series of workshops on different topics as well as information stalls, activities for kids and a barbeque. Please feel welcome to come along.

 

GB 6           Tour of the Jordan Springs Community Hub        

Andrew Hewson invited any interested Committee members to participate in a short walk through of the Jordan Springs Community Hub to see and hear about some of the innovative sustainability features that have been incorporated into this newly opened building.

 

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 13 June, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 July 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 July, 2018

 

 

 

PRESENT

Wayne Mitchell – Executive Manager Environment and City Development (Chair), Laura van Putten – Roads and Maritime Services (RMS).

IN ATTENDANCE

Steve Grady – Busways, Michael Alderton – Acting Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Noel Fuller – Ranger & Animal Services Coordinator, Bernie Meier – Signs and Linemarking Officer.

 

APOLOGIES

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Aaron Duke (Representative for the Member for Londonderry), Councillor Karen McKeown OAM (Council Representative), Councillor Marcus Cornish, Senior Constable Stephen Page – Nepean PAC (Police Area Command) Nick Veljanovski – Transit Systems, Jodie Mallia - Comfort Delgro Cabcharge NSW (Blue Mountains Transit), Adam Wilkinson – Engineering Services Manager, Stephen Pham – Trainee Engineer. 

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 May 2018

The minutes of the Local Traffic Committee Meeting of 7 May 2018 were confirmed, subject to a copy of the minutes being circulated to LTC members.

 

DECLARATIONS OF INTEREST

NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Grady Crescent, Erskine Park - Endorsement of Signage and Line Marking Plan   

RECOMMENDED

That:

1.    The information contained in the report on Grady Crescent, Erskine Park - Endorsement of Signage and Line Marking Plan be received.

2.    The “No Stopping” zone signage and double barrier line marking on Grady Crescent, Erskine Park in the plans by consultants Cardno (Drawing Number 80217033-03-CC-1701, Revision 9, dated 20 April 2018) be endorsed for implementation, as shown in Appendix 1.

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

 

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

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

 

2        Olympus Drive, St Clair - Proposed Signage and Line Marking                                  

Noel Fuller - Ranger & Animal Services Coordinator requested that he be advised when the proposed ‘No Stopping’ signs have been installed on Olympus Drive, St Clair.

RECOMMENDED

That:

1.    The information contained in the report on Olympus Drive, St Clair - Proposed Signage and Line Marking be received.

2.    Consultation be undertaken with affected residents regarding the proposed centreline marking and ‘No Stopping’ zones on Olympus Drive, St Clair as shown in Appendix 1.

3.    Subject to no substantial objections being received, double barrier centreline marking be installed on Olympus Drive outside properties 14, 15 and 17 as shown in Appendix 1.

4.    ‘No Stopping’ zones be installed on both sides of Olympus Drive to a point 6 metres from the end of the centrelines as shown in Appendix 1.

5.    Council’s Rangers, Banks Public School and parents and carers be advised of Council’s resolution.

 

 

3        Traffic Facilities Programs 2018-19                                                                                

RECOMMENDED

That:

1.    The information contained in the report on Traffic Facilities Programs 2018-19 be received.

2.    Projects listed in Table 2 “Projects Proposed for Construction – Major Traffic Facilities 2018/19” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

3.    Projects listed in Table 3 “Projects Proposed for Construction – Urgent LTC Budget 2018/19” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

4.    If the detailed cost estimates for projects are higher than listed in Table 2 and 3, the lower ranked projects be deferred to future programs.

 

 

 

 

 

 

 

 

4        Sydney Street, Oxley Park - Proposal to add a 'Children's Crossing' to an Existing Pedestrian Facility                                                                                                             

Laura van Putten of RMS raised concerns about the proposed combined ‘Children’s Crossing’ and associated holding lines creating greater confusion for drivers at the crossing on Sydney Street, Oxley Park. Laura van Putten suggested that other treatment options be considered such as relocating the crossing further north on Sydney Street or installing pedestrian fencing to direct pedestrians to the crossing.

Council Officers advised of site limitations and discussed possible options to improve driver and pedestrian safety at the crossing.

Wayne Mitchell - Executive Manager Environment and City Development (Chair) suggested that the matter be deferred to a future LTC meeting.

RECOMMENDED

That:

1.    The report be deferred and Council’s Traffic Officers be requested to investigate the RMS’ concerns as described above.

2.     A report be prepared and presented back to a future Local Traffic Committee Meeting.

 

5        Bija Drive, Glenmore Park - Proposed 'No Stopping' and 'Bus Zone' Signage         

Steve Grady of Busways advised of instances where buses were not able to turn from The Lakes Drive onto Bija Drive, Glenmore Park due to parked vehicles on Bija Drive narrowing the carriageway.

Council Officers discussed the benefits of positioning the Bus Zone fronting No. 8 Bija Drive, Glenmore Park and advised that this is the preferred location. 

RECOMMENDED

That:

1.    The information contained in the report on Bija Drive, Glenmore Park - Proposed 'No Stopping' and 'Bus Zone' Signage be received.

2.    Consultation be undertaken with affected properties regarding the proposed ‘No Stopping’ and ‘Bus Zone’ signage as shown in Appendix 1.

3.    Subject to no substantial objections being received, the ‘No Stopping’ zones on Bija Drive at The Lakes Drive be extended from 10 metres to 23 metres in length.

4.    A Bus Zone of 25 metres be installed on Bija Drive from 1 metre south of the driveway of No. 10 Bija Drive to 1 metre north of the driveway of No. 8 Bija Drive.

5.    Busways, the Medical Centre, and Glenmore Park Public School be informed of Council’s resolution.

 

 

 

 

 

 

6        Tent Street, Kingswood - Proposed Parking Signage                                                  

Laura van Putten of RMS enquired about making the proposed timed ‘No Parking 8am – 9:30am and 2:30pm – 4pm school days’ to full-time ‘No Parking’ instead.

Catherine Waerner – Road Safety Officer advised that consultation was undertaken with the affected properties in the Tent Street cul-de-sac and the residents were supportive of the proposed timed ‘No Parking’ restrictions in the cul-de-sac, rather than full-time ‘No Parking’ restrictions.

RECOMMENDED

That:

1.    The information contained in the report on Tent Street, Kingswood - Proposed Parking Signage be received.

2.    ‘No Stopping’ zone signs be installed at 10 metres from the corner on both corners of the intersection of Tent Street, Kingswood South, with the Tent Street cul-de-sac as shown in Appendix 1.

3.    ‘No Parking 8.00am – 9.30am 2.30pm – 4.00pm school days’ be installed within the Tent Street cul-de-sac as shown in Appendix 1 for a trial period of 6 months, to be reviewed after this time.

4.    Affected residents be informed and the Principal of Kingswood South Public School be informed and be requested to inform parents/ carers about the proposed parking changes.

 

 

GENERAL BUSINESS

 

GB 1           Andrews Road and Greygums Road, Cranebrook - Proposed        Roundabout                  

David Drozd – Traffic Engineering Coordinator presented to the Committee Design Plan AA49 dated June 2018 for the proposed construction of a roundabout at the intersection of Andrews Road and Greygums Road, Cranebrook.

RECOMMENDED

          That:

1.   The information contained in General Business Item 1 on Andrews Road and Greygums Road, Cranebrook – Proposed Roundabout be received.

 

2.   Consultation be undertaken with affected properties regarding the proposed construction of a roundabout at the intersection of Andrews Road and Greygums Road, Cranebrook shown in Design Plan AA49 dated June 2018.

 

3.   Subject to no substantial objections being received, the proposed roundabout be constructed at the intersection of Andrews Road and Greygums Road, Cranebrook.

 

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

 

 

 

GB 2           York Road and Ikin Street, Jamisontown - Proposed Roundabout

David Drozd – Traffic Engineering Coordinator presented to the Committee Design Plan AY017 dated June 2018  for the proposed construction of a roundabout at the intersection of York Road and Ikin Street, Jamisontown.

Laura van Putten of RMS raised concerns about cyclist safety at this intersection, particularly at the kerb blister island at the north eastern leg of the proposed roundabout potentially forcing cyclists to merge into the travel lane with traffic.

Council Officers discussed the treatments options to address cyclists safety at the proposed roundabout and it was suggested to extend the edge line on the north eastern leg to the tip of the roundabout at the holding line. This will allow for a separate travel lane for vehicles and cyclists and cyclists will then be required to merge into the single travel lane once in the roundabout.

RECOMMENDED

          That:

1.   The information containing in General Business Item 2 on York Road and Ikin Street, Jamisontown – Propose Roundabout be received.

 

2.   Consultation be undertaken with affected properties and Roads and Maritime Services (RMS) regarding the proposed construction of a roundabout at the intersection of York Road and Ikin Street, Jamisontown shown in Design Plan AY017 dated June 2018.         .

 

3.   Subject to no substantial objections being received, the proposed roundabout be constructed at the intersection of York Road and Ikin Street, Jamisontown.

 

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

 

GB 3           Jordan Springs East - Responsibility of Roads    

Steve Grady of Busways requested advice regarding the existing roads in Jordan Springs East. Busways is investigating the extension of Jordan Springs services into Jordan Springs East and would like information on Council’s road hierarchy to plan for these services.

Wayne Mitchell – Executive Manager Environment and City Development (Chair) highlighted the importance of Busways undertaking the investigation into Bus Stop locations in Jordan Springs East Precinct as soon as possible, in order for future residents to be aware if they are purchasing a parcel of land with a Bus Stop fronting the property.

Michael Alderton – Acting Engineering Services Manager advised that he or another staff member would be able to go on-site with Steve Grady and review possible locations for designated Bus Stops.

Busways will contact Council’s Development Engineering Section directly to arrange a site inspection.

RECOMMENDED

          That the Committee note the information.

 

 

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 July, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                                    23 July 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 July, 2018

 

 

 

PRESENT

Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Greg Davies (arrived 7:03pm), Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown OAM and Kath Presdee.

 

APOLOGIES

Apologies were accepted from His Worship the Mayor, Councillor John Thain and Councillors Bernard Bratusa and Kevin Crameri OAM.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 4 June 2018

The minutes of the Policy Review Committee Meeting of 4 June 2018 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Boarding Houses and development contributions for local infrastructure               

RECOMMENDED

That:

1.    The information contained in the report on Boarding Houses and development contributions for local infrastructure be received.

2.    Council resolve to levy development contributions on any currently undetermined and future boarding house applications under the Cultural Facilities, District Open Space, Local Open Space, Claremont Meadows and WELL Precinct Contributions Plans, as relevant, at an occupancy rate of 1.34 persons per bedroom/boarding room, or for new lots in the WELL Precinct at $30K per new lot, as per the Ministerial Direction.

3.    As part of the next amendment to the District Open Space and Local Open Space Contributions Plans that occupancy rates associated with all relevant land use types be incorporated.

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 Karen McKeown OAM

 

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        Amendments to Penrith Development Control Plan 2014 - Multi Dwelling Housing and Boarding Houses                                                                                                       

RECOMMENDED

That:

1.    The information contained in the report on Amendments to Penrith Development Control Plan 2014 - Multi Dwelling Housing and Boarding Houses be received.

2.    The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition.

3.    Amendments to draft Penrith Development Control Plan 2014 (provided as Attachment 2, 4 and tabled tonight) be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

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

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

For

Against

Councillor Kath Presdee

 

Councillor Karen McKeown OAM

 

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

Councillor Greg Davies arrived at the meeting, the time being 7:03pm.                                     

RECOMMENDED

That:

1.    The information contained in the report on Submission on Proposed Amendments to Sydney Regional Environmental Plan No. 30 - St Marys be received.

2.    The draft submission (provided as an Attachment) be endorsed and submitted to the NSW Department of Planning and Environment.

 Outcome 6 - We are healthy and share strong community spirit

 

4        NSW ICC World T20 2020 Cricket Legacy Fund

Councillor Greg Davies arrived at the meeting, the time being 7:03pm.                                     

RECOMMENDED

That:

1.    The information contained in the report on NSW ICC World T20 2020 Cricket Legacy Fund be received

2.    Council endorse the allocation of identified / existing budgets as contributing funds to enable grant applications for projects at;

-     Rance Oval public amenity replacement, showers, umpires change room, store room and installation of an automated irrigation system. $7,000 from 2018 - 2019 Parks Asset Renewal, $190,000 from 2019 -2020 Section 7.11 Local Open Space Plan and $220,000 from 2019 – 2020 Public Amenities Replacement Program.

-     Village Oval synthetic cricket wicket installation. $7,500 2018-2019 Grant Funded Projects Reserve.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:04pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 July, 2018 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown               1

 

 

Outcome 2 - We plan for our future growth

 

2        LEP Review program                                                                                                         5

 

 

Outcome 3 - We can get around the City

 

3        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2018-2019                                                                                                                        11

 

4        NSW Government "Active Transport Program" - Funding Acceptance 2018-19            14

 

5        Tender Reference 17/18-28 - Construction of the Erskine Park Road Upgrades          16

 

 

Outcome 4 - We have safe, vibrant places

 

6        Tender Reference 17/18-27 - Construction of Commercial Kitchen at Penrith Regional Gallery                                                                                                                              23

 

7        Tender Reference 17/18-10 - Fire Services Maintenance and Regulatory Work           26

 

8        Service Partnership with Service NSW - Easy to do Business                                       33

 

 

Outcome 6 - We are healthy and share strong community spirit

 

9        Independent Living Villages Ltd Accommodation - Victoria Street, Werrington              41

 

 

Outcome 7 - We have confidence in our Council

 

10      Local Government NSW Annual Conference 2018                                                         47

 

11      Borrowing Program 2017-18                                                                                            52

 

12      Audit, Risk and Improvement Committee                                                                        54

 

13      Summary of Investments & Banking for the period 1 June 2018 to 30 June 2018         56

 

 

URGENT

 

14      Code of Conduct Matter                                                                                                   67

 

15      Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar                                                                                                                               69

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown               1

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

 

1

Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown   

 

Compiled by:               Stacey Rossetto, Team Leader - Regional and City Outcomes

Authorised by:            Rebecca Hackney, Corporate Communications, Marketing and Events Manager  

 

Outcome

We can work close to home

Strategy

Attract investment to grow the economy and increase the range of businesses operating in the region

Service Activity

Promote Penrith as a place to visit and invest in through marketing and events

      

 

Executive Summary

The purpose of this report is to consider the requirement for works on private land – Lot 2 DP 30354 – 66-76 Tench Avenue, Jamisontown for the purposes of conducting the annual Real Festival at Tench Reserve on Friday 2 and Saturday 3 November 2018. It is proposed that the vacant area of the above mentioned private land have necessary maintenance carried out for the purposes of creating a temporary carpark for vehicles attending the event, and for Council to fund the associated works. The private land was used for Festival parking in 2016 and 2017.

Under section 67 of the Local Government Act 1993, a Council resolution is required where works are proposed to be undertaken on private land and the property owner is not to be charged for works performed.

Background

On Friday 2 and Saturday 3 November 2018, Penrith City Council will host the inaugural Real Festival on the banks of the Nepean River at Tench Reserve.

In anticipation of large numbers of residents and visitors attending this event, it is proposed that an area of private land on Tench Avenue, Jamisontown be used by Penrith City Council to park vehicles attending. The use of this land will create an additional 800 parking spaces that would otherwise be unavailable to festival patrons. The land was used for Festival parking in 2016 and 2017.

The identified property is 66 – 76 Tench Avenue (Lot 2 DP 30354) and 3.358 hectares in size. The property owners have again agreed to make their land available for festival parking and are in the process of arranging written consent to be able to use their land for this purpose for the duration of the event.

For this land to be safely used as a public car park, areas of long grass will need to be cut and minor maintenance will need to be carried out to the fence line to allow suitable access and egress points.

Based on works required in previous years, Council’s Parks Asset Co-Coordinator has determined that in order to make the site fit for purpose, the following works will need to be undertaken:

·    Utilise a slasher and wing mover to cut the grass

·    Open existing fence line access points and check for any stability maintenance required.

·    It is estimated that this work will take approximately 6 hours to complete and utilise two pieces of plant.

Project Cost

The value of the work is estimated to be $1,500. This is comprised of labour and transport for Parks staff and required plants.

The project costs will be allocated from the event budget.

Licence Agreement

A Licence Agreement between the landowners and Council will need to be executed prior to the beginning of the works. The Licence Agreement, in summary, will allow Council and its contractors to carry out the required works and indemnify the landowners against any damage, loss or injury to any persons using the land for the purposes of a temporary carpark, as well as any loss or damage or injury to any person who may be injured while Council is undertaking works on the land.

Prior to the event it is proposed to undertake a pre- event inspection with the property owners to record the condition of the site and assist in the identification of any rectification works post event.

If any rectification works are required another report will be submitted to council.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown be received

2.    Council agree to the work to be undertaken on private property in accordance with the terms in the report and that no charge be made to the owners of Lot 2 DP 30354, 66-76 Tench Avenue, Jamisontown.

3.    Council endorse a licence agreement between the landowners of Lot 2 DP 30354, 66-76 Tench Avenue, Jamisontown and Council for the use of private land and associated works in accordance with the terms in the report, and the General Manager be given authority to enter into the licence agreement.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        LEP Review program                                                                                                         5

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

 

2

LEP Review program   

 

Compiled by:               Carlie Ryan, Principal Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Ensure our policies, strategies and plans set a clear direction for managing the growth of our City

      

 

Executive Summary

The Western Sydney City Deal is a partnership between the Australian Government, NSW Government and Local Government comprising eight Western Sydney local councils that have agreed on a set of commitments that will unlock opportunities for the Western Parkland City. The release of the Greater Sydney Region Plan and the Western City District Plan (District Plan) in March 2018 establishes the future vision for the ‘Western Parkland City’ including the important role of Penrith.

 

Recent amendments to the Environmental Planning and Assessment Act 1979 embed a statutory requirement for councils to review and amend their Local Environmental Plans (LEP) as soon as practicable after a District Plan is made.

 

Through funding from the Western Sydney City Deal, Council has been identified as a “Priority Council” and has been offered $2.5 million to enable the accelerated review of Council’s LEP. This review is to occur within the next two years to ensure early alignment with the planning priorities of the District Plan, including relevant studies and strategies. Council officers have been working on a strategic planning framework and 2-year program to accelerate the LEP Review including community engagement and the preparation of a Local Strategic Planning Statement.

 

Recognising the strategic importance of the accelerated LEP Review, Council endorsement is sought to enter into a funding agreement with the State Government (Department of Planning and Environment) to support the LEP Review to be completed within the next two years.

Background

In March 2018, the NSW Government released the Greater Sydney Region Plan and the District Plan which sets out planning priorities and actions for the Western Parkland City. The District Plan informs the development of a Local Strategic Planning Statement (LSPS), updates to the LEP, the assessment of planning proposals as well as community strategic plans and policies.

 

The Environmental Planning and Assessment Act 1979 (the Act) was amended in March 2018 in line with release of the District Plans to shift the emphasis from a regulatory focus to one that strengthens the role of upfront strategic planning and community participation.

 

The Western Sydney City Deal is a 20-year agreement between the three levels of government to deliver a once-in-a-generation transformation of Sydney’s outer west – creating the ‘Western Parkland City’. The City Deal was announced on 4 March 2018 and includes measures to maintain and enhance Western Sydney’s unique character by improving community infrastructure and liveability.

 

Through funding from the Western Sydney City Deal, Council has been identified as a “Priority Council” and is offered $2.5 million to enable the review of the Penrith Local Environmental Plan 2010 (LEP) within two years.

 

Accelerated LEP review

 

The City Deal includes a $30 million Western Parkland City housing package to ensure sustainable growth and streamlined planning practices to support this growth. As a nominated “Priority Council”, from this package Council is to receive $2.5 million to enable an accelerated review of the LEP (within 2 years). The acceleration of the review of the LEP provides Council with the opportunity to expedite studies and strategies to align the LEP with the District Plan.

 

The LEP Review may involve progressing new investigations and strategy development for open space and recreation needs, accessibility, environment and sustainability, employment supply and demand or social infrastructure requirements. The development of a housing strategy is a specific requirement in the implementation of the District Plan that considers short and medium-term housing supply and longer-term capacity for housing.

 

A LEP Review Report will be tabled later this year, identifying how closely aligned the LEP is to the actions in the District Plan. This report will include recommendations on future strategic planning projects.

 

Local Strategic Planning Statements

 

The LEP Review will also include the early preparation a Local Strategic Planning Statement (LSPS) that is to set out the 20-year vision for land-use in the LGA, the special character and values that are to be preserved and how change will be managed into the future.

 

The LSPS will be informed by strategic objectives identified in Council’s Community Strategic Plan (Community Plan) relevant to land use planning. Through community engagement, Council will determine priorities for Penrith and develop actions that are tailored to the unique economic, social and environmental characteristics of the LGA.

 

The LSPS presents Council with the unique opportunity to prepare a unifying document with a clear line of sight - linking regional and District level strategic planning priorities with Council’s local planning priorities.

 

The LSPS was one of the most significant changes to the Act that commenced on 1 March 2018.

 

Accelerated LEP review funding

 

Recognising the strategic importance of the accelerated LEP Review, Council endorsement is sought to enter into a funding agreement with the State Government. This funding agreement documents the agreed outcomes for the LEP Review including indicative milestones and timing for payments.

 

As part of this program, ongoing technical support will be provided to Council from State Government in the preparation of the LSPS and LEP Review.

 


 

Conclusion

 

The acceleration of the review of the LEP provides Council with the opportunity to expedite studies and strategies to align the LEP with the District Plan. Council officers have been working on a strategic planning framework and 2-year program to accelerate the LEP Review including community engagement and the preparation of a LSPS

 

Recognising the strategic importance of the accelerated LEP Review, Council endorsement is sought to enter into a funding agreement with the State Government (Department of Planning and Environment) to support the LEP Review to be completed within the next two years.

 

A LEP Review Report will be tabled later this year, identifying how closely aligned the LEP is to the actions in the District Plan. This will include a 2-year program outlining the progress of the review including staging and key milestones, including the preparation of a LSPS.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on LEP Review program be received

2.    Council agree to enter into a funding agreement with the NSW Department of Planning and Environment to support the accelerated LEP Review program.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

3        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2018-2019                                                                                                                        11

 

4        NSW Government "Active Transport Program" - Funding Acceptance 2018-19            14

 

5        Tender Reference 17/18-28 - Construction of the Erskine Park Road Upgrades          16

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

 

3

Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2018-2019   

 

Compiled by:               Catherine Waerner, Road Safety Officer

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

Manage programs and initiatives that improve road safety and efficiency

      

 

Executive Summary

The purpose of this report is to advise Council of the grants offered by the Roads and Maritime Services (RMS) under the Local Government Road Safety Program. The report recommends that Council accept the grants, as outlined in the report, for various road safety initiatives including support for the ‘Towards Zero’ road safety campaign, for Child Car Seat Check Days and for workshops for parents of Learner Drivers.

Background

The goal of the RMS’ Local Government Road Safety Program (LGRSP) is to reduce the incidence and severity of crashes by supporting Local Government road safety projects.

 

Road Safety projects are developed to target behavioural road safety issues and are funded through the LGRSP. Project priorities are identified from local crash data analysis undertaken by Council’s Road Safety Officer.  The crash analysis shows a continuing downward trend in crash and casualty statistics across the Penrith LGA.

Current Situation

All funding submissions to the RMS for 2018-2019 have been successful.  Three projects with a total funding of $11,000 have been approved. One is a new project and two are ongoing projects supporting existing local and RMS road safety priorities. 

 

The RMS grant funded road safety projects for 2018-2019 are as follows:

Towards Zero Road Safety

The Transport for NSW’s Centre for Road Safety is promoting a campaign reminding drivers that every person walking, riding and travelling in a vehicle on our roads is important, and that it is never okay for people to die or receive life changing injuries on our roads.  The campaign is a reminder that everyone travelling on our roads have families, friends, work colleagues, and neighbours who care for them, and to remind us all to drive with the care that we would use when travelling near our own loved ones.

 

Crash trends in Penrith LGA follow that of Sydney Region closely in most cases. Exceptions are that locals are more likely to crash while speeding at 14% of crashes in Penrith (9% Sydney Region), and there is a slightly higher proportion of drivers aged 17 to 20 years involved in crashes – 10% of drivers in Penrith rather than 8% in Sydney Region generally.  It is proposed to use this funding to educate local drivers, including young drivers, about why it is crucial to drive at a safe and legal speed. Funding from RMS $6,700.

 

Child Car Seat Restraints

This popular project will feature in this year’s road safety program again, with Council to host Child Car Seat Check Days.  Local parents and grandparents will be able to book to attend the event, and a mechanic who is qualified to fit Child Car Seats will check to see that the seat is well secured in the vehicle and that the fitting is appropriate for the age and size of each child.  Funding from RMS $4,000.

 

One previous participant thanked Council: “This is fantastic – my granddaughter is precious cargo.”  Another local young family is shown below after having their seat fitted by an accredited fitter.

 

‘Helping Learner Drivers become Safer Drivers’ Workshops

Workshops for supervisors of Learner Drivers will be conducted during the year to provide the best chance that our young drivers will gain the most benefit from their lessons.  Parents, grandparents, and other family members of Learner Drivers find these workshops helpful to:

-     Plan relaxed and effective driving lessons

-     Find out how the ‘Graduated Licencing Scheme’ (GLS) takes young people from being Learner Drivers to having their Provisional 1 and 2 Licences, then progressing to a full licence.

-     Ask questions about the laws for Learner and Provisional Drivers.

-     Receive tips for Learners to receive the most benefit of their 120 hours of lessons.

The funding is spent to advertise the workshop in a local newspaper.  Previous participants have rated the workshop as being “very helpful and informative.”  Funding from RMS $1000.

 

Financial Services Manager’s Comments

 

The funding offered by RMS is 100% and no matching funding is required by Council. Further, the projects are supported by Council in-kind through the provision of Council’s Road Safety Officer to implement the programs and will operate within the 2018-19 budget provisions.

 

Conclusion

 

Council’s Road Safety Program is firmly established, with an annual statistical analysis of traffic crashes providing an evidence base for prioritisation of activity. RMS grant funding of $11,000 has been awarded for road safety projects for 2018-2019. The grant funding targets the ‘Towards Zero’ campaign, to be used for speeding prevention initiatives including for young drivers, for Child Car Seat Check Days and for Helping Learner Drivers Workshops.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2018-2019 be received.

2.    Council accept the grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $11,000, as outlined in the report.

3.    Council write to the Minister for Road, Maritime and Freight, and local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    23 July 2018

 

 

 

4

NSW Government "Active Transport Program" - Funding Acceptance 2018-19   

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

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 NSW Government’s “Active Transport Program” 2018-19.  The report recommends that Council accepts the funding offered under this Program.

Current Situation

At its Ordinary Meeting of 25 June 2018, as part of the item regarding the “Australian Government Black Spot and Safer Roads Program”, Council was advised that an application for shared pedestrian cycle path funding under the Active Transport Program was yet to be announced.

 

By correspondence dated 10 July 2018, Roads and Maritime Services has confirmed that two projects have been approved in the “Priority Cycleways” and “Walking Communities” components of the 2018/19 Active Transport Program to the value of $980,000 as shown in Table 1 below.

 

TABLE 1.

Projects Approved under the 2018/19 Active Transport Program

RMS reference

Project Description

Allocation

P.0032575

Priority Cycleways

Cranebrook to Thornton via Coombes Drive – construction of 2nd stage of the shared-use path

$940,000

100%

P.0035845

Walking Communities

High Street, Penrith, near Kendall Street – Construction of a raised marked pedestrian crossing

$40,000

50%

 

TOTAL:

$980,000

 

A condition of acceptance is that all projects must be completed prior to 30 April 2019 which can be achieved as preliminary design and assessment for both projects are underway.

Financial Services Manager’s Comment

The funding allocation for the second stage of the shared-use path project is 100% of the total project cost and hence there is no financial contribution required by Council for the 2018/19 financial year.

 

The funding allocation for the raised pedestrian crossing is 50% of the total project cost and Council’s contribution of $40,000 is within 2018-19 Budget provisions via Council’s annual funding allocation for the Active Transport projects in 2018/19.

Conclusion

Council’s work in developing the shared-use path network is welcomed and supported by the community.  In addition, the provision of a raised marked pedestrian crossing will markedly improve pedestrian safety in High Street, particularly for the nearby high school students that cross at this location.   The continued State funding for these projects under the “Active Transport Program” should be recognised as a noteworthy achievement for Council. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on NSW Government "Active Transport Program" - Funding Acceptance 2018-19 be received

2.    Council accepts the grant funding of $980,000 offered for two Active Transport projects as shown in Table 1 for the 2018/19 financial year.

3.    Council write to relevant State and Federal Members thanking them for their continued support for the provision of infrastructure for pedestrians and bike riders.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    23 July 2018

 

 

 

5

Tender Reference 17/18-28 - Construction of the Erskine Park Road Upgrades    

 

Compiled by:               Matthew  Buckley, Major Projects Coordinator

Wasique Mohyuddin, Acting Design and Projects Manager

Authorised by:            Michael Jackson, City Assets Transition Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage the delivery of Council's major transport infrastructure projects

      

 

Executive Summary

Tender Reference 17/18-28 for the Construction of the Erskine Park Road Upgrades was advertised in the Western Weekender on 19 May 2018 and Sydney Morning Herald on 24 May 2018. The tender closed on 21 June 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Burton Contractors Pty Ltd be accepted for the full scope of works outlined in RFT 17/18-28 Construction of the Erskine Park Road Upgrades Project, for a total amount of $22,405,229 (excluding GST).

Background

The Australian Government is funding a $200 million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding has been allocated for Council to upgrade four intersections along Erskine Park Road to improve road safety and traffic flow efficiency. Other WSIP projects include the upgrade of The Northern Road Intersections at Derby St and the Great Western Highway, as well as a previously constructed roundabout at Bringelly Road and Caddens Road intersection in Kingswood.

 

The works to be performed under RFT 17/18-28 Construction of the Erskine Park Road Upgrades includes: -

 

·    New Traffic signals installed at Explorers Way and Erskine Park Road intersection.

·    New Traffic signals installed at Bennett Road and Erskine Park Road intersection.

·    Upgrade Coonawarra Drive and Erskine Park Road to a ‘seagull’ intersection.

·    Upgrade Peppertree Drive and Erskine Park Road to a ‘seagull’ intersection.

·    Upgrade Erskine Park Road to median separated dual carriageway (two lanes in each direction) between Coonawarra Drive and Bennett Road.

·    A new shared user path between Coonawarra Drive and Illawarra Drive.

·    A new shared user path between Swallow Drive and Coonawarra Drive (Separable portion of works).

Tender Evaluation Process

The Tender Evaluation Committee consisted of Matthew Buckley (Major Projects Coordinator), Wasique Mohyuddin (Major Projects Coordinator), Ari Fernando (Major Projects & Design Coordinator), Regina Lau (Projects Officer, Roads and Maritime Services) and was chaired by Michael Jackson (Design and Projects Manager). The Tender Evaluation Committee was supported by Allyce Langton (Supply Officer) and the probity advisor was Glenn McCarthy (Governance Manager).

 

As a condition of funding, all tenderers were required to hold current accreditation under federal workplace & construction schemes and hold the relevant RMS accreditations for this type and scale of works.

 

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

 

·    Work Health & Safety

·    Demonstrated Ability

·    Business References

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance and Environmental Management Systems

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors

Burton Contractors Pty Ltd

$22,405,229

Homebush NSW 2140

Paul Burton

Chris Burton

State Asphalt Services Pty Ltd

$24,064,495

Prestons NSW

2170

George Kypreos

John Watkins Wilson

Haslin Constructions Pty Ltd

$24,213,642

Sutherland NSW 2232

Colin Woods

Ertech Pty Ltd

$26,944,321

Pyrmont NSW

2009

James Patrick Giumelli

Alec Courts

Gavin Robert Miller

James Robert (Jim) Giumelli

Michael Robert Unger

York Civil Pty Ltd

$28,031,037

Regency Park SA 5942

Ian Stanley Tarbotton

Domenico Marc Vieceli

 

The tenders submitted by ‘Ertech Pty Ltd’ and ‘York Civil Pty Ltd’ were significantly higher than other tenders and exceeded available budget. The Committee determined there was no advantage to give further consideration to these tenders.

 

The remaining three tenders from ‘Burton Contractors Pty Ltd’,’ State Asphalt Services Pty Ltd’ and ‘Haslin Constructions Pty Ltd’ were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender.

Evaluation of the Preferred Tender

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

 

The recommended company, Burton Contractors 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.

4)   Compliance with accreditation and prequalification requirements.

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks.

 

Clarifications were requested from Burton Contractors Pty Ltd prior to finalising the committee’s recommendation. These clarifications are factored into the tender evaluation and do not represent a risk to project budget.

 

Burton Contractors Pty Ltd is based in Western Sydney and has delivered numerous projects of similar nature and value on behalf of RMS (Roads and Maritime Services) and other Local Councils. Council’s Project Management team is satisfied with their performance in relation to community, safety and environmental management and reference checks have also returned positive feedback. 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, industry analysis, financial analysis, and performance analysis on Burton Contractors Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Any  concerns that were raised as to the ability of Burton Contractors Pty Ltd to perform the works described have been addressed.

 

The total tendered price by Burton Contractors Pty Ltd of $22,405,229 (excluding GST) is within the available budget

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Executive Manager City Assets, Brian Steffen; Financial Services Manager, Neil Farquharson; and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for the Construction of the Erskine Park Road Upgrades. The TAG noted that the upgrade works are funded by the Australian Government on a State Road, requiring the contractor to meet strict prequalification requirements. It was also noted that the recommended contractor submitted the lowest cost proposal and has the demonstrated ability to successfully undertake the upgrade work. 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 Burton Contractors Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $22,405,229 excluding GST. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 17/18-28 - Construction of the Erskine Park Road Upgrades  be received.

2.    Burton Contractors Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of the Erskine Park Road Upgrades, for an amount of $22,405,229 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        Tender Reference 17/18-27 - Construction of Commercial Kitchen at Penrith Regional Gallery                                                                                                                              23

 

7        Tender Reference 17/18-10 - Fire Services Maintenance and Regulatory Work           26

 

8        Service Partnership with Service NSW - Easy to do Business                                       33

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

 

6

Tender Reference 17/18-27 - Construction of Commercial Kitchen at Penrith Regional Gallery   

 

Compiled by:               Rosemarie Canales, Acting Design & Projects Manager

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Provide designs and plans for Council's buildings

      

 

Executive Summary

Tender reference 17/18-27 Construction of Commercial Kitchen at Penrith Regional Gallery, was advertised in the Western Weekender on 7 June 2018 and Sydney Morning Herald on 12 June 2018. The tender closed on 4 July 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Beacon Building Services Pty Ltd be accepted for the scope of works outlined in RFT17/18-27 Commercial Kitchen at Penrith Regional Gallery, for a total amount of $360,242.28 (excluding GST).

Background

Penrith Regional Gallery & The Lewers Bequest is operated by Penrith Performing & Visual Arts on behalf of Penrith City Council.  The site also houses Lewers Café which is an integrated element of the Gallery.  The Café has seen increased patronage over the years.  The success of the Café has necessitated the need for growth. Currently food preparation for the Café is carried out from the kitchen of Ancher House, a local heritage item.

 

The new kitchen will permit the Café to operate from a modern commercial facility whilst providing the opportunity for the Ancher House kitchen to be restored.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Rosemarie Canales - Architectural Supervisor, Kumar Rethnasamy - Project Co-ordinator, Ari Fernando – Major projects and Design Co-ordinator, and chaired by Michael Jackson - Design and Projects Manager.

 

Allyce Langton from Council’s Procurement team 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

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors

Integral Building Group

$122,827.65

Sydney, NSW

March Bachir

Beacon Building Services Pty Ltd

$360,242.28

Parramatta  NSW

Jarrod Sanfilippo

Anset JET

$386,567.27

Bankstown NSW

Van Tran

OZZ projects

$421,468.31

Sydney, NSW

Garth Graydon

 

All tenders were considered for assessment and were included for evaluation using Apet360 software to provide a ranking for conformance with the evaluation criteria.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from Beacon Building Services 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 lowest price tender from Integral Building Group ranked poorly in the evaluation criteria and the pricing breakdown was not a realistic cost for the project.

 

The recommended company, Beacon Building Services 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

Beacon Building Services was established in 2014 and is part of the Burbank Group of Companies, which has been operating within the property industry since 1983.

 

Beacon Building Services specialise in providing a direct service to insurance and property management clients requiring emergency repairs, maintenance, renovation and extension works.  Beacon Building Services has grown to employ over 50 people across Victoria, New South Wales and the Australian Capital Territory.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Beacon Building Services 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 Beacon Building Services 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; Financial Services Manager, Neil Farquharson; and Governance Manager, Glenn McCarthy 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 Commercial Kitchen at Penrith Regional Gallery, Emu Plains. The TAG noted that, while the recommended contractor’s proposal was not the lowest cost, their demonstrated experience in undertaking similar projects was considered to be a crucial non-price consideration. 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 Beacon Building Services Pty Ltd  provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $360,242.28  excluding GST.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 17/18-27 - Construction of Commercial Kitchen at Penrith Regional Gallery be received

2.    Beacon Building Services Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of Commercial Kitchen at Penrith Regional Gallery for an amount of $360,242.28  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.


Ordinary Meeting                                                                                                    23 July 2018

 

 

 

7

Tender Reference 17/18-10 - Fire Services Maintenance and Regulatory Work   

 

Compiled by:               Joshua Martin-Lewis, Asset Co-ordinator

Authorised by:            John Gordon, City Presentation Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain and renew Council's public buildings

      

 

Executive Summary

The purpose of this report advises Council on the outcome of the tender process for the procurement of Fire Service Maintenance and Regulatory Work and recommends that Council accepts tenders from the companies identified within the recommendation of this report, as a “Panel of Approved Contractors” for the provision of fire services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

 

Fire Service Maintenance and Regulatory Work includes fire extinguisher testing, fire hose reel testing, fire hydrant flow testing, fire blanket inspection, and emergency warning intercom system testing across 185 of Council’s buildings.

 

The tender for the provision of Fire Services RFT17/18-10 was advertised 30th November 2017 in the Western Weekender, on the e-tendering and Apet360 websites and on 5th December 2017 in the Sydney Morning Herald.

 

A total of 14 tender responses were received.  An evaluation of the tenders by the Tender Evaluation Committee resulted in an initial short list of 4 tenderers.

 

Further evaluation of the shortlisted tenderers, including an assessment of Council’s expected service levels against the resourcing levels proposed by each of the tenderers, resulted in 3 Contractors being selected for Independent financial risk analysis and referee checks.

 

Based on this assessment, the Tender Evaluation Committee is recommending that the contract for Fire Services be awarded to Firetection (Hix Group Pty Ltd- t/a Hix Electrical & Data Services) as the first ranked, Newsound Fire Services Pty Ltd as second ranked and Firecorp Australia Pty Ltd as third ranked for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with the provision for rise & fall) subject to satisfactory performance.

Background

Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. The agreements worked successfully over this time period with three public tender process being run since its inception.

 

Based on the success of the previous and current Panel agreements, a new tender for Fire Services was advertised with an expanded scope including reactive work requirements as well as scheduled maintenance requirements being listed separately. This was designed to provide a more accurate breakdown for the services required by Council, and provide Council with detailed costings relating to each building. In the 2016/17 financial year Councils spent $103,000 on scheduled maintenance (Routine service of fire protection systems and equipment in accordance with AS1851-2012) and $142,000 on reactive maintenance.

 

Tenderers were required to submit their tender through the APET360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for general fire services work and each scheduled maintenance task.

 

It was proposed in the tender documents that Council would select one primary contractor and up to two secondary contractors to perform the services. The highest ranked supplier (primary contractor) will be given all the scheduled maintenance tasks and first preference to carry out all the reactive work.  In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

Council however reserves the right to seek quotations and award work based on these quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $50,000 as was stated in the tender document.

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Joshua Martin- Building Projects Coordinator, Sid Wilson – Scheduled Maintenance Coordinator and was chaired by John Gordon - City Presentation Manager.

 

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

 

·    Demonstrated Ability

·    Response Times

·    Financials

·    Employment Policies

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health and Safety

 

Evaluation process

 

The process for the evaluation of tenders was as follows:

 

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

 

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

 

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

 

 

 

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

 

·    Independent Financial Risk Analysis

·    Independent Referee Checks

 

Summary of Tenders Received

 

A total of 14 submissions were received in response to the advertised tender. 

 

All tenders as listed in alphabetical order were included in the initial evaluation:

 

Company

Company Location

Directors

Alliance Alarms Fire Systems Pty Ltd

Wetherill Park

Michael Allan

ARA Fire Protection Services Pty Ltd

Kings Park

Richard Wilson

Avanti Fire

Baulkham Hills

Helmut Vetisch

Celsius Fire Services

Chatswood

Antonio Serianni

Chubb Fire & Security Pty Limited

Macquarie Park

Richard Johnston

Firecorp Australia Pty Ltd

Ashfield

Eduardo Ermilio

FireFront Services Pty Ltd

Baulkham Hills

Brett Ritchie

FirePro Solutions

North Richmond

Stewart McIntosh

Hirotec Technical Services

Newington

Matthew Gale

Hix Group Pty Ltd - t/a Hix Electrical & Data Services

Penrith

Ian Hicks - Managing Director

Lea Hicks - General Manager

Newsound Fire Services Pty Ltd

Revesby

Slava Shargorodsky

Solo Services Group

Crows Nest

Matt Salihi

Synergy Fire & Security

Rosebery

Steve Trassari

Wormald Technology

Rydalmere

Shane Holt

 

Evaluation of Tenders

                                                                                         

All 14 tenderers were assessed against the selection criteria. The following companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems and were subsequently not assessed any further in relation to their submission:

 

·    Alliance Alarms Fire Systems Pty Ltd

·    ARA Fire Protection Services Pty Ltd

·    Avanti Fire

·    Celsius Fire Services

·    Chubb Fire & Security Pty Limited

·    FireFront Services Pty Ltd

·    FirePro Solutions

·    Hirotec Technical Services

·    Solo Services Group

·    Wormald Technology

 

The following 4 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

 

·    Firecorp Australia Pty Ltd

·    Hix Group Pty Ltd - t/a Hix Electrical & Data Services

·    Newsound Fire Services Pty Ltd

·    Synergy Fire & Security

 

During the price evaluation stage it was noted that there was an inconsistency in the Fire Hydrant Pricing portion of the scheduled maintenance table, the committee made the decision to exclude this amount only as it did not affect the outcome of the tender ranking with the prices being only a small portion of the overall prices submitted for scheduled maintenance.

 

In the submission from Synergy Fire & Security, it did not list any non-conformances within the tender documents provided, however in the tender pricing schedule submission there was a disclaimer note at the bottom, putting conditions on the tender prices submitted. As Synergy was not ranked number one, and the price schedules were conditional based on this disclaimer, the panel was unable to determine if this submission would provide value for Council, and did not undertake any further analysis of this submission.

 

The remaining three price schedules were assessed for scheduled and reactive maintenance, a formula was applied to attain the probable costs from the actual reactive maintenance costs during the 2016/17 financial year. The 2016/17 financial year reactive maintenance expenditure was broken down into a labour and material components, then divided by the current hourly rate to provide an approximate hours of work for the 2016/17 financial year. This approximate annual hour count was then multiplied by the general hourly rate with the addition of the proposed scheduled maintenance costs to determine the proposed annual cost to Council. The table below lists the scheduled maintenance costs provided by the tenderers along with the probable reactive maintenance cost calculated:

 

 

Hix Group Pty Ltd

Newsound Fire Services Pty Ltd

 

Firecorp Australia Pty Ltd

 

Tendered Hourly Rate

$75.00

$89.00

$93.00

Expected Labour Cost @ 1379 hours PA

$103.425.00

$122,731.00

$128,247.00

Material % Upmark

9%

8%

16%

Expected Material Price including % Upmark

$40,710.41

$40,336.92

$43,324.84

Expected Callout Fees Based on work orders and 26 After Hours Callouts

$8,466.52

$18,347.67

$17,215.84

Expected Cost for Reactive Maintenance Services PA

$152,601.93

$181,415.59

$188,787.68

Tendered Scheduled Maintenance Costs

$41,250.32

$42,234.94

$61,544.66

Total Expected Combined Costs

$193,852.25

$223,650.53

$250,332.34

 

Evaluation of Preferred Tenderers

All companies recommended within this report were selected based on their high level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive hourly or schedule of rates for the services offered and independent financial/risk assessment advice.

 

Based on all compliance and cost considerations, the following tenders were shortlisted and ranked in the following order:

 

HIX Group Pty Ltd – t/a HIX Electrical & Data Services is a locally based company in Penrith and has been in operation since 1992 and employs more than 70 staff, 6 of which have fire qualifications. HIX Group are one of Council’s current preferred contractors. In addition to providing services to Penrith City Council they also carry out similar works for Stanton and Taylor Strata Management. The HIX Group was considered by the Tender Evaluation Committee to be the number one company to undertake all scheduled maintenance tasks and first preference for reactive maintenance work. This was selected based on their:

 

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates and scheduled maintenance tasks

5.   Ability to complete all requirements as set out in the tender document

 

HIX Group overall had the highest demonstrated ability in the overall tender evaluation process, the lowest overall combined cost for the proposed reactive and scheduled maintenance tasks, and staffing ability to meet the requirements of Council.

 

Newsound Fire Services Pty Ltd is a company in Revesby and has been in operation since 1974 and employ 19 staff. Newsound Fire Services Pty carry out fire maintenance works for Sutherland Shire Council, Liverpool City Council and Canterbury City Council. Newsound Fire Services Pty Ltd were considered by the Tender Evaluation Committee to be the number two company to undertake reactive maintenance work on an as required basis when number 1 company is not available. This was selected based on their:

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates

5.   Higher cost for scheduled maintenance tasks

6.   Higher cost for callout fees and setup charges

 

Newsound Fire Services Pty Ltd higher overall combined proposed scheduled and reactive maintenance costings and lower overall evaluation score placed them in the second order of preference.

 

Firecorp Australia Pty Ltd is a company based in Ashfield and has been in operation for since 2002 and employs 34 staff. Firecorp Australia Pty Ltd carry out fire maintenance works for Land and Housing Corporation, NSW Public Works, Reserve Bank or Australia and North Sydney Council. Firecorp Australia Pty Ltd were considered by the Tender Evaluation Committee to be the number three company to undertake the reactive maintenance work on an as required basis when number 1 and number 2 companies are not available. This was based on their:

1.   Demonstrated ability

2.   Higher hourly rate cost

3.   Higher cost for callout fees and setup charges

4.   Higher cost for scheduled maintenance tasks

Financial Services Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis for the preferred tenderers. 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 either tenderer to perform the works described.

 

The works provided for in this tender will be accommodated within existing operating budgets for Building Maintenance.

 

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 Financial Services Manager, Neil Farquharson, were briefed on the background and the process followed. The TAG considered the recommendations in relation to the tender for Fire Services Maintenance and Regulatory Work. It was noted that the recommended proposal is the lowest cost in terms of both scheduled and reactive maintenance work and that the contractor has demonstrated experience in undertaking similar work. 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

Based on the detailed evaluation of the tenders, analysis of staffing, location, capacity to undertake the work, past experience, price submitted, financial analysis and referee checks, the tenderers that represents the best overall value for money to Council for of Fire Services in the following order:

 

1.   Hix Group Pty Ltd - t/a Hix Electrical & Data Services,

2.   Newsound Fire Services Pty Ltd

3.   Firecorp Australia Pty Ltd

 

Council intends to select one primary contractor and two secondary contractors to perform all of the specified services inclusive of both scheduled and reactive electrical work. The highest ranked supplier (primary contractor) will be given all scheduled maintenance work and first preference on reactive works. In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 17/18-10 - Fire Services Maintenance and Regulatory Work be received

2.    A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

(a)  Scheduled maintenance work and reactive maintenance work be awarded to Hix Group T/A Hix Electrical & Data Services as the primary contractor

(b)  Reactive maintenance work be awarded to Newsound Fire Services Pty Ltd as the second contractor

(c)  Reactive maintenance work be awarded to Firecorp Australia Pty Ltd as the third contractor.

3.    Council seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    23 July 2018

 

 

8

Service Partnership with Service NSW - Easy to do Business   

 

Compiled by:               Rebekah Elliott, City Engagement Officer

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Help make our major centres and important community places safe and attractive

Service Activity

Support the revitalisation of Penrith City Centre and St Marys Town Centre

      

 

Executive Summary

Service NSW presented on the Easy to do Business initiative at the Councillor Briefing on 18 June 2018. At the briefing it was discussed to receive a further report on the initiative.

 

The Easy to Do Business initiative supports new business operators to navigate through the various government approvals, including Council. The initiative is geared to supporting operators of cafes, restaurants and bars which may typically be required to deal with a broad range of agencies as they move through the approval process. These businesses are all considered favourable to the renewal of our city and town centres.

 

To sign up to the program, Service NSW has a legislative requirement within the Service NSW (One-stop Access to Government Services) Act 2013, which requires a Council resolution to empower a Service Partnership Agreement to execute the ‘Easy to do Business’ initiative in Penrith. This can be done on a fixed term in order to assess impact and then extended as required.

 

This report recommends that Council enter into a service partnership with Service NSW until June 2020 to deliver the Easy to do Business initiative in Penrith.

Background

The Easy to do Business initiative focuses on coordinating and navigating through the various government approvals required by a new business owner. Service NSW provides a digital platform as well as comprehensive information upfront to a potential new business owner from each of the approval authorities, including the local Council. The aim of the initiative is to streamline the processes of opening a new café, restaurant or bar, which typically requires an owner to deal with 13 agencies, including Council, to complete 48 forms. A business concierge service, via a single phone number is also provided to support customers through the process.

 

Service NSW has a legislative requirement within the Service NSW (One-stop Access to Government Services) Act 2013, which requires a Council resolution to empower a Service Partnership Agreement to execute the Easy to do Business initiative in Penrith. As part of the resolution, Council is required to delegate the relevant ‘customer service’ functions related to the administration of the Easy to do Business initiative to the Chief Executive Officer, Service NSW in accordance with the Service Partnership Agreement as required under the Act.

 

This means that the Services NSW concierge will be the first contact point for interested parties that access Penrith City Council forms through the Easy to do Business website. Should anyone approach Council directly for advice, they would continue to be supported through our existing processes if appropriate, including referral to the Easy to do Business initiative.

 

Benefits of this service partnership include:

·    improved support to small businesses through a single source of information

·    reduced duplication

·    streamlining of processes through all levels of government associated with opening and growing a business

·    improved quality of information being provided to Council with applications

·    bringing investment in through the easy of setting up a café, restaurant or small bar

·    reduction of timeframe to establish a café, restaurant or small bar

 

Feedback from a number of other Council’s that have executed an Easy to do Business agreement has been favourable, with a number reporting that it has resulted in better quality applications being received.

Council Impacts

Council’s obligations under the service partnership agreement will be to:

 

(a)        refer eligible customers to Easy to do Business

(b)        provide guidance and information to the Easy to do Business team to assist it to respond to customer queries, as required

(c)        communicate application outcomes to the customer and the Easy to do Business team

(d)        provide updates on changes in the local area that may impact Easy to do Business

(e)        identify local events and organisations that are opportunities to inform customers about Easy to do Business

(f)        provide feedback on the effectiveness and performance of Easy to do Business in the local area.

 

A copy of the proposed Memorandum of Understanding (MOU) with Service NSW can be found in Attachment 1.

 

To date, representatives from Service NSW have met with the Mayor, Councillors and other internal stakeholders. The departments and services involved in conversations include, Planning Assessment, Communications and Marketing, Environmental Compliance, Place Management, Customer Experience, Property Services, Economic Initiatives, Legal Services and Information and Communication Technology.

Next Steps

The process to become operational will take some time to develop with Service NSW and internal partners. The Service NSW team will work with our departments to bring information together that is accessible through the Easy to do Business portal. It is expected that the Easy to do Business initiative will be live for Penrith in early 2019. It is therefore proposed to run the initial agreement with Service NSW until June 2020.

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Service Partnership with Service NSW - Easy to do Business be received

2.    Council delegate the relevant customer service functions related to the administration of the Easy to do Business initiative to the Chief Executive Officer, Service NSW in accordance with the Service Partnership Agreement as required under the Service NSW (One-stop Access to Government Service) Act 2013.

3.    The General Manager execute any partnership documents and do all things necessary to give effect to this resolution.

 

 

ATTACHMENTS/APPENDICES

1.

Penrith City Council and Service NSW MOU

6 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

9        Independent Living Villages Ltd Accommodation - Victoria Street, Werrington              41

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

9

Independent Living Villages Ltd Accommodation - Victoria Street, Werrington   

 

Compiled by:               Claire Galvin, Disability Inclusion Officer

Authorised by:            Erich Weller, Community and Cultural Development Manager 

Requested By:            Councillor John Thain

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Support community service organisations working in our City

      

 

Executive Summary

This report provides information on Independent Living Villages Ltd and accommodation that this organisation is developing in Werrington for people with significant disabilities.

 

Independent Living Villages (ILV) is a registered charity that builds homes for people with significant functional impairment and very high support needs because of their disability. Currently, ILV are constructing purpose-designed specialist disability accommodation at Grove Place, part of a new sub-division on Victoria Street, Werrington. All aspects of the design incorporate Liveable Housing Australia design principles. Twelve people with disability eligible for the National Disability Insurance Scheme Specialist Disability Accommodation (SDA) payment are expected to move into the new homes by the end of 2018.

 

Currently there is an absence of a formed footpath along Victoria Street from William Street to Burton Street in Werrington.  The lack of this footpath connection would make it very difficult for the residents in the new accommodation to access local retail services at Werrington as well as bus services into the Penrith City Centre.

 

Council has adopted a Future Footpath Delivery Program to improve access and mobility for all members of the community. The estimated time of completion of the adopted footpath delivery program is 2021, if the current funding level is continued. The requested footpath is not currently included in the Footpath Delivery program. The estimated cost to construct this 200 metre length of 1.5m wide path from William Street to Burton Street is approximately $36,000.

 

Additionally, the bus stops in Victoria Street closest to this development do not have bus shelters, and a new shelter in this general location is not part of Council’s current Bus Shelter Delivery Program. Residents living in the specialist disability accommodation and using a bus service would most likely be waiting for the bus on the railway (south) side of Victoria St, as that is the bus route to travel to Kingswood and Penrith CBD. The construction cost of a bus shelter on the railway side (south side) of Victoria Street is estimated to be $22,000.

 

It is recommended that the information contained in the report be received.

Background

There are more than 28,000 people across Australia who have extreme functional impairment or very high support needs. More than 12,000 of these do not have appropriate accommodation.

 

As part of their NDIS packages, some participants with high support needs are eligible for Specialist Disability Accommodation (SDA) payments. SDA refers to accommodation for people who require specialist housing solutions. Funding is only provided to a small proportion of NDIS participants with significant functional impairment or very high support needs who meet specific eligibility criteria.

The NDIS does not pay the capital cost of the Specialist Disability Accommodation but eligible NDIS participants can access a funding stream (SDA payments) to pay a higher rent to live in the purpose-designed accommodation. SDA funding under the NDIS is intended to stimulate investment in the development of new high-quality dwellings for occupation by eligible participants.

Independent Living Villages uses the Specialist Disability Accommodation payments received by eligible NDIS participants, to fund purpose built homes. All residents in these new homes will be eligible for the Specialist Disability Accommodation (SDA) payment from the NDIS. Many residents within SDA accommodation are anticipated to be people using large electric wheelchairs who have limitations in physical reach and strength.

 

Independent Living Villages Ltd is a registered charity, a registered community housing provider and an SDA provider registered with the NDIS.  The Board of Directors consists of volunteer skilled individuals with extensive experience in finance, property, health and lived disability.  In the two years since the introduction of the Specialist Disability Accommodation program, ILV has 65 accommodation units under development with a capital value approaching $20 million. “Grove Place” at Werrington will be ILV’s first completed project.

 

Current Situation

 

The SDA accommodation currently being developed by ILV at 78 and 80 William Street (corner of Victoria St) provides a permanent housing option for 12 individuals with disability. Each of these individuals have an NDIS package of support and NADO, a respected regional disability service, will provide the support services to the residents living in this development.

 

Currently there is no formed footpath along Victoria Street from William Street to Burton Street in Werrington. The lack of this footpath connection would make it very difficult for the residents in the new accommodation to access local retail services at Werrington as well as bus services into the Penrith City Centre. There is an existing concrete path from Burton Street to the pedestrian crossing at the Victoria Street shops at Werrington station.

 

Council has adopted a Future Footpath Delivery Program to improve access and mobility for all members of the community. The estimated time of completion of the adopted footpath delivery program is 2021, if the current funding level is continued. The identified footpath connection is not currently included in the Footpath Delivery program. The estimated cost to construct this 200 metre length of 1.5m wide path is approximately $36,000.

 

Additionally, the new bus stops in Victoria Street in the vicinity of this development do not have bus shelters, and a shelter at this location is not part of Council’s current Delivery Program. Council has a prioritised list of bus shelter requests which has been developed with data which includes historical utilisation (number opal card tap on/tap offs). The bus shelter construction program for 2018/19 is already fully committed.  Residents living in the ILV specialist disability accommodation and using a bus service would most likely be waiting for the bus on the railway (south) side of Victoria St, as that is the bus route to travel to Kingswood and then the Penrith CBD. The construction cost of a bus shelter on the railway side (south side) is estimated to be $22,000.

Council officers have been assured by the CEO of Independent Living Villages that the residents living in this new development will be in electric wheelchairs that will be able to use both the new footpath as well as access an accessible bus at the proposed bus shelter.

 

Summary

 

This report provides an overview of the Independent Living Villages Ltd development at 78 and 80 William Street, Werrington which will accommodate 12 people with significant functional impairment.  Currently there is no formed footpath along Victoria Street between William Street and Burton Street.  There is also no bus shelter on the southern side of Victoria Street at the closest bus stop.  The lack of this infrastructure will present significant challenges to the residents in the ILV accommodation to participate in daily life and access important services.  Neither the missing connecting footpath or the bus shelter are in the current footpath or bus shelter delivery programs.

 

 

RECOMMENDATION

That the information contained in the report on Independent Living Villages Ltd Accommodation - Victoria Street, Werrington be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

10      Local Government NSW Annual Conference 2018                                                         47

 

11      Borrowing Program 2017-18                                                                                            52

 

12      Audit, Risk and Improvement Committee                                                                        54

 

13      Summary of Investments & Banking for the period 1 June 2018 to 30 June 2018         56

 

 

 

 

 

URGENT

 

14      Code of Conduct Matter                                                                                                   67

 

15      Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar                                                                                                                               69

 

 

 

 



Ordinary Meeting                                                                                                    23 July 2018

 

 

10

Local Government NSW Annual Conference 2018   

 

Compiled by:               Madison Foster, Administration Officer 

Authorised by:            Adam Beggs, Governance Coordinator  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at the Albury Entertainment Centre, Albury from 21-23 October 2018.

 

Council is entitled to nominate up to ten (10) Councillors as voting delegates for motions to attend the Conference, as well as including other Councillors as observers.

 

This report recommends that Council nominate ten (10) voting delegates and any observers to attend the Local Government Association’s annual policy making conference to be held at the Albury Entertainment Centre, Albury from 21-23 October 2018.

 

It is Council’s practice to sponsor up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the Conference.

 

Background

Local Government NSW (LGNSW) will hold its Annual Conference at the Albury Entertainment Centre, Albury from 21-23 October 2018.

 

Over the years, Council has been very successful at influencing the development of state-wide LGA Policy, particularly in the areas of planning, the environment, community planning, fire and emergency services, roads and transport and rating policy.

 

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the Conference is ten (10) with registration of those delegates being made prior to the deadline of 2 October 2018.

 

Other Delegates and Observers

In past years, a number of Councillors from Penrith City Council have also represented either the Executive of the former Local Government Association or other industry organisations such as the Hawkesbury River County Council, in addition to this. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

 

In 2017 Council’s nominated voting delegates were The Mayor, Councillor John Thain and Councillors Aaron Duke, Greg Davies, Kath Presdee, Ben Price, Ross Fowler OAM, Tricia Hitchen, Jim Aitken OAM, Kevin Crameri OAM and Bernard Bratusa. Council nominated Councillor Karen McKeown as its observer.

 

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select 9 delegates to attend the 2018 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

 

The process for selecting the 9 delegates is entirely up to the NSW Aboriginal Land Council and, at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council has previously resolved to make provision to sponsor up to three observers from the Deerubbin LALC pending the outcome of the selection process for the 9 Aboriginal Land Council delegates. Council staff have already contacted the Deerubbin LALC to facilitate these arrangements.

 

Submission of Motions

Councils have been advised that for a motion to be included in the Business Paper that they must meeting the following guidelines:

 

1.   Are consistent with the objects of the Association;

2.   Relate to Local Government in NSW and/or across Australia;

3.   Concern or are likely to concern Local Government as a sector;

4.   Seek to advance the Local Government Policy agenda of the Association and/or improve the governance of the Association;

5.   Have a lawful purpose

6.   Are clearly worded and unambiguous in nature; and

7.   Do not express preference for one or several members over one or several other members.

 

It is important to note that the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore, a motion will not be included if it is operational, rather than strategic; not local government business; focused on a local issue only or if the motion is consistent with past policies and actions of LGNSW or the Local Government and Shire's Association.

 

Accordingly, Council’s motions should relate to issues which are causing concern to the Council and/or the community. The motions should also suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position.

 

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed at the latest by 23 September however with a strong preference for these to be submitted as soon as possible.

 

Councillors are welcome to suggest any proposed motions at this meeting, in addition to this meeting there will be one last opportunity to adopt such motions at the 13 August Policy Review Committee meeting where a report to specifically consider motions will be presented.

 

 

 

 

Outcomes of 2017 Council Motions

Council proposed a number of motions to the 2017 Conference. Of these one was considered to be an operational matter which can be pursued outside of the Conference process and therefore was not submitted to the Conference. The remaining motions that were submitted to the Conference and their outcomes are provided in the table below:

 

Strategic land use planning

Resolution

Official letters to date

Other advocacy actions

Responses and outcomes to date

4 Board – Mandatory Independent Hearing and Assessment Panels

i.   That Local Government NSW campaigns with NSW councils against the State Government takeover of planning powers through IHAP legislation.

ii.  That Local Government NSW calls on the NSW Parliament to revoke legislation that mandates Independent Hearing and Assessment Panels (IHAPs) for all councils in Sydney and Wollongong.

Carried

Letter to the NSW Minister for Planning, Minister for Housing and Special Minister of State, the Hon. Anthony Roberts MP

 

Letter to the NSW Minister for the Environment, Minister for Local Government and Minister for Heritage, the Hon. Gabrielle Upton MP

 

Follow up letter sent May 2018 to the Hon. Gabrielle Upton MP

Sent letter to DP&E opposing IHAP Model –dated 15 December 2017.

 

Written comments provided to NSW DP&E on draft Monitoring and Evaluation Framework for Local Planning Panels (LPPs) on 3 March 2018. Meeting occurred with DP&E 11th May to discuss LGNSW comments and to receive an update from the Department

 

Included as a recommendation in LGNSW’s budget submission to the State Government’s 2018/19 budget. “Funding for planning panels - Provide funding ($3.4m per annum) for affected councils to meet the cost of mandated Local Planning Panels.”

Response received from the Hon. Anthony Roberts MP, NSW Minister for Planning, Minister for Housing and Special Minister of State on 16 February 2018. The Minister states that the Government introduced independent hearing and assessment panels for councils to minimise risks that arise when a decision-maker has a conflict of interest. These panels will not only reduce the risk of corruption, they will also give the community a real opportunity to play a part in local planning.

 


 

Transport

Resolution

Official letters to date

Other advocacy actions

Responses and outcomes to date

13 Penrith City Council – Motorised scooters and electric wheelchairs

That Local Government NSW requests the State Government to review the road rules and increase motorised scooter regulations to improve safety and in particular with respect to requirements around speed and colour.

Carried

Letter to the NSW Minister for Roads, Maritime and Freight, the Hon. Melinda Pavey MP

Letter to the NSW Minister for Mental Health, Minister for Women and Minister for Ageing, the Hon. Tanya Davies MP

 

Follow up letter sent May 2018 to the Hon. Melinda Pavey MP

 

Follow up letter sent May 2018 to the Hon. Tanya Davies MP

Advocated by LGNSW at meetings of the IPWEA Roads & Transport Directorate (May 2018).

 

Advocated for in the meeting between LGNSW President and Minister Pavey in March 2018.

Response received from the Hon. Melinda Pavey MP, NSW Minister for Roads, Maritime and Freight on 5 July 2018. The Minister states that the NSW Government has a robust regulatory framework for using mobility scooters and motorised wheelchairs on roads and road-related areas. Mobility scooters are classified as motorised wheelchairs and the road rules require not travelling faster than 10Km/h. Staysafe, reviewed the increase use of mobility scooters in its 2014 Report on Non-Registered Motorised Vehicles. Options for improving safety for both mobility scooter users and other pedestrians, including registration and licensing were considered.

 

Conclusion

Council has been successful in influencing State Association policy through its involvement in past Conferences. The Delivery Program for 2017-21 identifies Council’s role in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through a strong advocacy role. Council’s attendance and involvement at the Local Government NSW Conference is one of the activities that contribute to achieving these delivery actions.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2018 be received.

2.    Council nominate its ten (10) voting delegates to attend the 2018 LG NSW Conference to be held at the Albury Entertainment Centre, Albury from 21-23 October 2018.

3.    Council give consideration to the nomination of observers to attend the 2018 LGNSW Conference.

4.    Leave of absence be granted as appropriate for those councillors attending the conference.

5.    Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2018 Local Government NSW Conference.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Ordinary Meeting                                                                                                    23 July 2018

 

 

11

Borrowing Program 2017-18   

 

Compiled by:               Ashley Zanier, Assistant Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

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

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

      

 

Executive Summary

The Council at its Ordinary Meeting held 26 March 2018 gave approval to commence the 2017-18 Borrowing Program for $11,500,000. The program comprised of $7,100,000 new loan monies and $4,400,000 for renewal of existing loans.

 

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

 

This report provides a summary of the evaluation process and quotations received. The report informs Council that NSW Treasury Corporation (TCorp) was the successful lender for the $7,100,000 new money and Australia and New Zealand Banking Group (ANZ) for the $4,400,000 renewal loans.

Background

The 2017-18 Borrowing Program was made up of $1,000,000 for Infrastructure, $3,200,000 for the City Centre Renewal and Improvement Program and Shared Pathways, and $2,900,000 to fund the S94 Lambridge Estate Plan that is currently in deficit, as well as $4,400,000 to refinance existing loans for Infrastructure, City Centre Renewal & Improvement program, Civic Centre extension and Penrith Valley Cultural Precinct borrowings for the remaining 5 years of the original term.

 

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

Lenders Response and Selection

Responses were received from ANZ, CBA, TCorp & WBC. TCorp quoted only for the new borrowings, CBA quoted only for the renewal loans and the remaining banks provided quotes for both loans.

 

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

 

The TCorp 10 year fixed rate of 3.27%, repayable semi-annually was determined to provide the optimum outcome and was selected for the $7,100,000 new loan. TCorp have a policy of only funding loans for new borrowings and do not fund refinancing of existing loans.

 

The ANZ provided the lowest fixed rate at 3.14% for the full 5 year term of the $4,400,000 renewal loan and was therefore selected for the Council’s 2017-18 renewal loan requirement.

 

The outcome received is favourable in comparison with the budgeted projections.

Conclusion

The 2017-18 Borrowing Program has now been completed in line with the Council resolution of the 26 March 2018 Ordinary Meeting. Loan funds were drawn down on 26 June 2018. 

 

NSW Treasury Corporation (TCorp) was the successful lender for the $7,100,000 new loan borrowing and the Australia and New Zealand Banking Group was selected for the renewal loans.

 

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

 

 

RECOMMENDATION

That:

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

2.    Council be advised that NSW TCorp was the successful lender for the $7,100,000 new monies and ANZ was the successful lender for the renewal loans that comprised the 2017-18 Borrowing Program.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    23 July 2018

 

 

12

Audit, Risk and Improvement Committee   

 

Compiled by:               Stuart Benzie, Internal Audit and Policy Officer

Authorised by:            Anthony Robinson, Risk and Audit Coordinator

Matthew Bullivant, Legal Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

This report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 6 June 2018. The draft Minutes of the Audit, Risk and Improvement Committee meeting 6 June 2018 are attached to this report.

Background

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

 

a)   compliance

b)   risk management

c)   fraud control

d)   financial management

e)   governance

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

g)   service reviews

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

i)    any other matters prescribed by the regulations.

 

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

 

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

Current Situation

The ARIC met on 6 June 2018. This was the second meeting of the ARIC for the calendar year. The draft minutes of the prior meeting, as provided to Council on 28 May 2018, were adopted without alteration.

 

The ARIC Charter requires that the minutes of each ARIC meeting be reported to Council. A copy of the draft minutes from the meeting of 6 June 2018 is attached to this report.

 

The ARIC highlighted the following items as the key take out points from the meeting:

 

1.   The ARIC will maintain focus on actions arising and audit recommendations being completed in a timely manner. The ARIC endorsed the Internal Audit plan for 2018/19.

2.   The ARIC encouraged enhanced themes-based reporting of complaints.

3.   The ARIC reflected on the importance of the Business Ethics Statement, noting that it complements internal codes of ethics / conduct to shape ethical dealings of third parties with Council. ARIC stressed that effective roll-out is imperative.

4.   Control Framework –

a.   Payroll - Action is in train to strengthen payroll function controls after weaknesses highlighted by an internal audit report in early 2018. ARIC will continue to monitor.

b.   Cyber Security - The ARIC received the results of a high-level audit of cyber security and noted that Council has in place reasonable layers of controls with some improvement needed (which the ARIC will monitor).

5.   Coronial inquest – The ARIC noted the Coroner’s recommendations from an inquest will influence Council’s tree management policy and planning. The ARIC noted there may be merit in considering inherent risks to people and property that might be directed to Council from ‘refusal’ decisions that officers make on residential tree removal (a potential ‘sleeper’ risk).

 

The possibility of the ARIC Chair, Mr Bruce Turner, attending a future Council meeting to address the Council was also discussed. This suggestion received the support of the ARIC’s Councillor representatives that were in attendance.

Next Meeting

The next ARIC meeting is scheduled for 5 September 2018.

 

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

1.

Draft Minutes of the Audit, Risk and Improvement Committee Meeting held on 6 June 2018

9 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    23 July 2018

 

 

13

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

 

Compiled by:               Ashley Zanier, Assistant Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

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

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for June 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 June 2018 to 30 June 2018 and a reconciliation of invested funds as at 30 June 2018.

 

The investment returns versus the benchmark as a percentage for June 2018 are:

 

·    Council portfolio current yield (including FRNs)       2.65%

·    90 day Bank Bill Swap rate (Benchmark)                 2.07%

 

The report recommends that the information contained in the report be received.

Background

Attached to this report is a Summary of Investments including Economic Commentary for June 2018, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for June 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 30 June 2018.

 

                                             

Andrew Moore

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.

June 2018 Summary of Investments

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  23 July 2018

Appendix 1 - June 2018 Summary of Investments

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

14      Code of Conduct Matter                                                                                                   67

 

15      Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar                                                                                                                               69

 

 

 

 



Ordinary Meeting - Urgent Report                                                                        23 July 2018

 

 

14

Code of Conduct Matter   

 

Compiled by:               Adam Beggs, Governance Coordinator

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

Implement Council's Code of Conduct to a high standard with respect to allegations, breaches and investigations

      

 

Executive Summary

As Councillors may recall in late 2014, the General Manager, Alan Stoneham, received a complaint in respect of the conduct of Councillor Marcus Cornish at the Council’s Ordinary Meetings on 24 November 2014 and 8 December 2014. Following an investigation of the matter by a Conduct Reviewer, the final investigation report was considered by Council on 27 July 2015. At this meeting, the Council resolved to adopt all of the recommendations made by the Conduct Reviewer. This report provides Council with details of the outcome of proceedings in the NSW Civil and Administrative Tribunal (NCAT) following referral of the matter by the Office of Local Government (OLG).

Background

On 28 July 2015 the General Manager wrote to Councillor Cornish advising him of Council’s decision of 27 July 2015. On 27 July 2015, Council adopted the Conduct Reviewer’s recommendations that Councillor Cornish was:

 

·    to publicly acknowledge his breaches of the Council’s Code of Conduct;

·    to give an undertaking to the Council that he would avoid similar breaches in future;

·    to offer an unqualified apology to the Mayor, Council and the Penrith Community;

·    to give an undertaking that he would not make negative or derogatory comments regarding the complaint;

·    to give an undertaking to participate in a course of training offered by the Council relating to its Code of Conduct and to attend that training.

 

Councillor Cornish subsequently did not and has not complied with the sanctions imposed on him by Council. As a result of the inaction by Councillor Cornish, the General Manager as required, referred the matter to the Office of Local Government (OLG) to be dealt with under Part 9 of the Procedures at the end of 2015.

 

The OLG undertook an investigation and prepared a departmental report which ultimately resulted in the OLG referring the matter to the Civil and Administrative Tribunal (Tribunal) on 22 June 2017. This referral was made in accordance with 440J(2)(b) of the  Act and on 27 July 2017 the Tribunal having considered the terms of the referral determined to conduct proceedings into the matter.

 

Council has now been advised of the decision made by the Tribunal on Thursday 12 July 2018. A summary of the findings is provided below. A copy of the full decision is included in the attachments.

 

 

1.   These proceedings concern the conduct of Councillor Marcus Cornish of Penrith City Council (Council).

2.   The conduct to which the application relates is the respondent’s failure to comply with resolutions passed by the Council on 27 July 2015 requiring him to take certain actions. Those actions were:

·    to publicly acknowledge his breaches of the Council’s Code of Conduct;

·    to give an undertaking to the Council that he would avoid similar breaches in future;

·    to offer an unqualified apology to the Mayor, Council and the Penrith Community;

·    to give an undertaking that he would not make negative or derogatory comments regarding the complaint;

·    to give an undertaking to participate in a course of training offered by the Council relating to its Code of Conduct and to attend that training.

3.   It is common ground that the respondent did not comply with the resolutions, either within the timeframe required or at all.

4.   The applicant seeks an order pursuant to s 482A(2)(c) of the Local Government Act 1993 (the Act) that the respondent be suspended from civil office, in the alternative that his right to payment be suspended, in the further alternative that he be reprimanded.

5.   For reasons set out in the decision, the Member decided to suspend Councillor Cornish’s right to payment for a period of three months.

 

Conclusion

The General Manager has now advised Councillor Cornish, by letter and email on 16 July 2018, that Council will be complying with the Orders from the Civil and Administrative Tribunal.

 

 

 

RECOMMENDATION

That the information contained in the report on Code of Conduct Matter be received.

 

 

ATTACHMENTS/APPENDICES

1.

Code of Conduct Matter - [2018] NSWCATOD 110

38 Pages

Attachments Included

  


Ordinary Meeting - Urgent Report                                                                        23 July 2018

 

 

15

Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar   

 

Compiled by:               Matthew Bullivant, Legal Services Manager

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide general legal services and advice to Council

      

 

Executive Summary

The Council allocated funding to the Penrith Business Alliance Ltd in the sum of $3,777,000 from 2008-09 to 30 June 2015 pursuant to a Deed. The Funding was provided to the PBA to carry forward a range of economic initiatives, with a particular focus on the creation of 40,000 jobs by 2031.

 

The PBA reported to Council on the expenditure of those funds on an annual basis. When Council ceased funding on 30 June 2015, the PBA failed to account for its activities for the 2014-15 year.

 

There have been numerous requests made to the PBA and its representatives to account for the monies allocated to the PBA for the 2014-15 year. At one stage representatives of the PBA agreed to provide Council with sufficient information that would satisfy Council of how the allocated funds were spent. Unfortunately, the agreement has not been fulfilled.

 

Therefore, Council resolved to take legal proceedings against the PBA to seek access to relevant financial records. Those initial proceedings were successful and lead to Orders being made for Council to obtain access to the relevant records. The PBA failed to comply with those Orders, and therefore further proceedings were taken against the PBA, and its Chairman / Director, Mr Paul Brennan, and Company Secretary, Mr Bijai Kumar.

 

This report provides Council with an update on those further proceedings, given that a hearing was listed to occur on 19 July 2018.

 

PBA generally

 

The Penrith Valley Economic Development Corporation was established in late 2002. This was a separate entity to Council, and Council had no controlling interest;

Prior to that, the city’s economic development program was conducted by Council by way of a committee: The Economic Development and Employment Committee.

In May 2009, Council’s Economic Development Manager resigned and took up the CEO position with the PVEDC.

In November 2009, the PVEDC amended its Constitution and became known as the Penrith Business Alliance Ltd (PBA).

A Deed of Agreement was entered between the PBA and Council. The deed outlined deliverables with a particular focus on the creation of 40,000 jobs by 2031.

Council provided funding to the PBA in the sum of $3,777,000 from 2008-09 to 30 June 2015 pursuant to the Deed.

The issue

In the past, representatives of the PBA have accounted to the Council for the PBA’s performance and expenditure of the public monies (generally been by way of a presentation to PRC). The PBA has not accounted for the use of the public monies for the 2014-15 financial year despite numerous requests from the General Manager, Council Officers and Council’s external lawyers. 

Council Officers reviewed an unaudited copy of the 2014-15 Financials in April 2016, and at that time received assurances that a copy of the audited Financial Statements would be provided to Council along with a reconciliation of the unspent public monies and responses to a number of questions raised that would be facilitated directly from the PBA’s auditor. This information has not been provided.

Legal Proceedings

Significant attempts have been made (in excess of 20) to seek access to the relevant records with no success. Those attempts included a number of requests by Council’s senior executives and Council’s lawyers.

One of those attempts for access to the records occurred at a meeting between PBA representatives and Council executives on 12 April 2016. At that meeting the PBA representatives showed a ‘Profit & Loss and Balance Sheet’ to Council officers for the 2014-15 year. PBA representatives were advised that the document did not provide sufficient details or any audited assurance to demonstrate that there were no anomalies, nor did that document provide any evidence of a reconciliation of the retained earnings relating to PCC funding as at 30 June 2015. Therefore, it was agreed by all parties that the PBA would provide Council with sufficient records providing evidence of the retained earnings of the PBA and an audited set of accounts.

There were 2 follow letters sent to the PBA to secure the information as agreed, but the PBA failed to provide the information in response.

At the Ordinary meeting of 25 July 2016 Council resolved to commence proceedings in the Supreme Court seeking orders to require the PBA to produce its financial records for the 2014/15 financial year.

On 5 May 2017, the Supreme Court ordered, among other things, that:

1.   The PBA provide Council with a list of documents evidencing how monies paid by Council to the PBA in the period 1 July 2014 to 30 June 2015 were paid out or used by the PBA by 21 July 2017; and

 

2.   The PBA permit Council to inspect and make copies of any document in the list by 28 July 2017.

 

On 21 July 2017, the PBA solicitor wrote to Council and advised that “due to overseas travel by the company’s auditor and as the company’s director is still overseas, the audit will not be available until 11 August 2017”.

Council officers wrote to the PBA’s solicitor to advise that Council required the list of documents by 11 August 2017 and to be allowed to inspect the documents by 18 August 2017. The list of documents has still not been produced.

 

 

 

Further proceedings

Further proceedings were commenced against the PBA in April 2018. These proceedings have joined the Chairperson (Mr Paul Brennan) and Company Secretary (Mr Bijai Kumar) of the PBA (given that they have certain powers under the Corporations Act 2001 (Cth) to obtain the relevant records.

The 2018 proceedings are similar to the 2017 proceedings which seek Orders against the 3 defendants to require them to produce the PBA’s financial records (beyond those records contained in the ‘Profit and Loss and Balance Sheet’ document).

The matter was listed for hearing on 19 July 2018.

On 18 July 2018, the Solicitor for the PBA and Mr Brennan received instructions to resolve the matter by Consent in accordance with the Orders sought by Council. That in effect lead to the Court making Orders by consent (referred to below) against the PBA and Mr Brennan.

The Judge made no Orders against Mr Kumar.

The Orders essentially require the PBA and Mr Brennan to produce the PBA’s financial records (beyond those records contained in the ‘Profit and Loss and Balance Sheet’ document) by 17 August 2018. If the records cannot be produced, then Mr Brennan is required to explain (in an affidavit by 17 August 2018):

(a)           What Document or Documents he has had possession of or had access to that he no longer has or has access to:

(b)           When he last had, or had access to, such a Document;

(c)           To whom any such Document was given or provided;

(d)           The extent of his knowledge as to the present location of such a Document.

 

The matter is listed before the Court on 24 August 2018 for further Directions, in the event the PBA or Mr Brennan fail to comply with the Orders.

The orders included the awarding of certain costs in Council’s favour.

 

 

RECOMMENDATION

That the information contained in the report on Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday July 23 2018

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Proposed Sale of Council Owned Land Located in Werrington                                        2

 

3        Lease Agreement to Donna Hildon and Belinda Jain Erich trading as Supremacy Funerals over Council property at 42-44 Station Street Penrith known as Lot C DP158845          2

 

4        Amendment to Lease over Council owned property known as Shop 1/114-116 Henry Street Penrith - Community Connections Building (Lot 1 DP545587)                                         2

 

5        Creation of a Drainage Easement over Council Land at Rodgers Street Kingswood (Lot 143 DP14333)                                                                                                                           3

 

6        Status of Litigation Proceedings and Major Insurance Claims                                          3

 

7        Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar                                                                                                                                 3

 

 

 

 

 

 

 

 


Ordinary Meeting                                                                                                    23 July 2018

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·         reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

 

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Proposed Sale of Council Owned Land Located in Werrington 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Lease Agreement to Donna Hildon and Belinda Jain Erich trading as Supremacy Funerals over Council property at 42-44 Station Street Penrith known as Lot C DP158845

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.

 

4        Amendment to Lease over Council owned property known as Shop 1/114-116 Henry Street Penrith - Community Connections Building (Lot 1 DP545587)   

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.

 

 

5        Creation of a Drainage Easement over Council Land at Rodgers Street Kingswood (Lot 143 DP14333)

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.

 

6        Status of Litigation Proceedings and Major Insurance Claims

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

 

7        Legal proceedings against the Penrith Business Alliance Limited, Paul Brennan and Bijai Kumar

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

 

 

 

 

PCC_Line


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 July 2018

Report Title:            Service Partnership with Service NSW - Easy to do Business

Attachments:           Penrith City Council and Service NSW MOU



Ordinary Meeting                                                                                                                  23 July 2018

Attachment 1 - Penrith City Council and Service NSW MOU

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 July 2018

Report Title:            Audit, Risk and Improvement Committee

Attachments:           Draft Minutes of the Audit, Risk and Improvement Committee Meeting held on 6 June 2018



Ordinary Meeting                                                                                                                  23 July 2018

Attachment 1 - Draft Minutes of the Audit, Risk and Improvement Committee Meeting held on 6 June 2018

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 July 2018

Report Title:            Code of Conduct Matter

Attachments:           Code of Conduct Matter - [2018] NSWCATOD 110



Ordinary Meeting                                                                                                                  23 July 2018

Attachment 1 - Code of Conduct Matter - [2018] NSWCATOD 110

 

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ATTACHMENT       

 

 

 


Date of Meeting:     23 July 2018

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2018-2019 Voted Works