Council_Mark_POS_RGB

21 November 2018

 

Dear Councillor,

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

 

Warwick Winn

General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 29 October 2018.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 10 October 2018.

Local Traffic Committee Meeting - 5 November 2018.

Policy Review Committee Meeting - 12 November 2018.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 November 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.


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
Warwick Winn

His Worship the Mayor Councillor Ross Fowler OAM



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 Kevin Crameri OAM

North Ward

 

 

Clr John Thain

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 and amended)

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

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 29 OCTOBER 2018 AT 7:03PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Governance Co-ordinator, Adam Beggs.

PRESENT

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

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 24 September 2018

241  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney that the minutes of the Ordinary Meeting of 24 September 2018 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 - Magnetic Places Grants Program 2018-19 as his son attends one of the organisations that are listed to receive a grant under this program.

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 - Magnetic Places Grants Program 2018-19 as he is a Director on the board of a recipient of funding under this grants program, and stated that he will leave the Chamber during consideration of this item and that the Deputy Mayor will take the Chair during his absence.

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 - Magnetic Places Grants Program 2018-19  as her son attends an organisation that is a recipient of a grant under this program.


 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Sydney Science Park Voluntary Planning Agreement Amendment  as the proponent is a partner of his employer.

SUSPENSION OF STANDING ORDERS

242  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Robin Cook that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:07pm.

 

Lisa Harrold

 

Item 6 - Review of Environmental Factors for Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown

 

Ms Harrold, spokesperson for Mulgoa Valley Landcare Group, spoke in support of Council’s proposal for better design to maximise the number of trees to be retained and requested that community representatives be invited to join discussions on this aspect.  Ms Harrold outlined concerns about the protection of old growth trees which provide an important habitat for wildlife. 

 

243  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM that an extension of time be granted to permit the speaker to conclude her address, the time being 7:12pm.

 

Ms Harrold concluded by suggesting that Council request Roads and Maritime Services to replace any trees which are removed with 20 other trees for each tree removed, to provide a guaranteed conservation future. 

 

Eli Bendall

 

Item 6 - Review of Environmental Factors for Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown

 

Mr Bendall, an interested citizen, stated his in-principle support for Council’s submission to Roads and Maritime Services.  Mr Bendall went on to note the continuing loss of natural heritage in the Penrith LGA and Western Sydney region, mainly due to population growth.  Mr Bendall expressed his view that Penrith City Council has the opportunity to set a regional benchmark, by retaining and integrating remaining natural heritage, whilst improving infrastructure, and then outlined ideas for subtle improvements to the ‘grey gums’ area to encourage visitation, appreciation and provide educational and recreational opportunities for the community.

 

David Bowen

 

Item 6 - Review of Environmental Factors for Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown

 

Mr Bowen, a concerned resident and local horticulturalist, spoke in opposition to the destruction of remnant old growth trees at this location.  Mr Bowen stated that these trees not only provide shade but also maintain the integrity of the underlying water table as well as providing habitat for a variety of wildlife.  Mr Bowen reiterated the importance of maintaining the trees rather than destroying them along with the 20 metres of land it is proposed to be cleared.  Mr Bowen concluded by requesting Council to lobby the NSW Government to change its plans for the land clearing in this location.

 

RESUMPTION OF STANDING ORDERS

244  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:25pm.

 

 

Mayoral Minutes

 

1        Mountain View Reserve, Cranebrook Wins Awards

Councillors Greg Davies and John Thain spoke in support of the Mayoral Minute. 

245  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on Mountain View Reserve, Cranebrook Wins Awards be received.

 

2        Penrith Health Action Plan Wins Another Award

Councillor Greg Davies spoke in support of the Mayoral Minute.                                                

246  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on Penrith Health Action Plan Wins Another Award be received.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 8 October 2018                                                                                                                                             

247  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 8 October, 2018 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 8 October 2018                                                                                                                                     

248  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Aaron Duke that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 October, 2018 be adopted.

 

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Event Sponsorship proposal from Paddle Australia – 2019 Canoe Slalom Oceania Championships                                                                                                                 

249  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Event Sponsorship proposal from Paddle Australia – 2019 Canoe Slalom Oceania Championships be received

2.    Council support funding this event from existing resources.

 

3.     A report be presented to a future Councillor Briefing reviewing sustainability of funding future National and International Events in the Penrith Local Government Area.

 

 

Outcome 2 - We plan for our future growth

 

5        Release of Existing Easement over Lot 100 DP1225053 at No. 38 Doonmore Street Penrith - Development Application No. 15/1234.02 Applicant: Coplex Pty Ltd;  Owner: ~3co Penrith Pty Ltd                                                                                                                                       

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

That:

1.    The information contained in the report on Release of Existing Easement over Lot 100 DP1225053 at No. 38 Doonmore Street Penrith - Development Application No. 15/1234.02 be received.

2.    Council resolve to affix the common seal to all necessary paperwork relating to the application for transfer releasing easement.

 

 

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

251  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Amending Precinct Plan for the Central Precinct of St Marys Release Area be received.

2.    The draft Chapter containing the Development Control Strategy be placed on public exhibition for a minimum of 28 days and that consultation be undertaken with relevant government agencies in accordance with the requirements of Sydney Regional Environmental Plan No.30 – St Marys, the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

3.    A further report be presented to Council presenting the results following the public exhibition and agency consultation.

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

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM      

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

3        Submission on Western Sydney Aerotropolis Land Use and Infrastructure Implementation Plan - Stage 1                                                                                                                     

252  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1.    The information contained in the report on Submission on Western Sydney Aerotropolis Land Use and Infrastructure Implementation Plan - Stage 1 be received

2.    Council endorse the submission provided in Appendix 1 on the Western Sydney Aerotropolis Land Use and Infrastructure Implementation Plan and forward to the Department of Planning and Environment by 2 November 2018

3.    Council officers make further representations to ensure that Council, through the Planning Partnership, is centrally involved in the co-design of all phases of the LUIIP.

 

Councillor Kevin Crameri OAM called for a DIVISION.

 

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM      

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

 

 

4        Sydney Science Park Voluntary Planning Agreement Amendment                           

253  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

That:

1.    The information contained in the report on Sydney Science Park Voluntary Planning Agreement Amendment be received

2.    Council adopt the Amended Sydney Science Park VPA shown at Attachment 2 and note that this will be refined and amended in accordance with the final agreement between the lawyers representing both parties;

3.    The draft Sydney Science Park VPA be publicly notified in accordance with the requirements of the Environmental Planning and Assessment Act, 1979;

4.    Council authorise the General Manager to sign the Amended VPA upon conclusion of the public notification of the Agreement and to make any minor amendments necessary to ensure its legality (e.g. typographic errors, dates, etc.); and

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

 

 

Outcome 3 - We can get around the City

 

8        RFT18/19-01 Supply, Installation and Repair of Various Types of Fencing               

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

That:

1.    The information contained in the report on RFT18/19-01 Supply, Installation and Repair of Various Types of Fencing 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) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

a.   Supply & Installation of Chain Wire Boundary Fencing be awarded to Metal Fencing Specialists Pty Ltd.

 

b.   Supply & Installation of Tubular Steel Security Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.

                                              

c.   Supply & Installation of Pipe Handrail Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

 

d.   Supply & Installation of Guard Rail be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

 

e.   Supply & Installation of Wire Rope Type Fence be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

 

f.    Supply & Installation of RMS Type Pedestrian Fence be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

First Choice Fencing and Northern Fencing Specialists Pty Ltd are the secondary and tertiary contractors respectively.

 

g.   Supply & Installation of Steel Bollards be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

 

h.   General Fencing Repairs be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor.

 

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

 

 

 

6        Review of Environmental Factors for Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown                                                                 

255  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Review of Environmental Factors for Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown be received.

2.    Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 6 November 2018.

3.    Council write to the Local and Federal Members seeking support for the Mulgoa Road Upgrade between Jeanette Street, Regentville and Blaikie Road, Jamisontown and highlighting the important elements of Council’s submission. 

 


 

 

7        Tender Reference 17/18-20 Integrated Parking Management System (IPMS) for Penrith City Centre                                                                                                                                 

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

That:

1.    The information contained in the report on Tender Reference 17/18-20 Integrated Parking Management System (IPMS) for Penrith City Centre be received.

2.    Reino International Pty Ltd T/A Duncan Solutions be awarded the 5-year contract subject to the execution of a formal agreement for the Integrated Parking Management System (IPMS) for the supplier and licensor of the products and provide installation and maintenance services, for an amount of $1,543,937 (excluding GST).

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

 

 

Outcome 4 - We have safe, vibrant places

 

9        Tender Reference RFT18/19-03, Penrith Library Refurbishment Works                    

257  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Tender Reference RFT18/19-03, Penrith Library Refurbishment Works be received

2.    Trinity Quality Interiors Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Penrith Library Refurbishment Works for an amount of $841,888.00 excluding GST.

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

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10, His Worship the Mayor, Councillor Ross Fowler OAM then vacated the Chair and left the meeting, the time being 8:32pm.

 

The Deputy Mayor, Councillor Greg Davies, then took the Chair for consideration of Item 10.

 

 

10      Magnetic Places Grants Program 2018-19                                                                     

258  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown OAM

That:

1.    The information contained in the report on Magnetic Places Grants Program 2018-19 be received

2.    The 5 projects listed in Table 1 are funded as part of the Magnetic Places Grants Program 2019.

 

The Deputy Mayor, Councillor Greg Davies, then vacated the Chair and His Worship the Mayor, Councillor Ross Fowler OAM returned to the Chair, the time being 8:33pm.

 

Councillor John Thain left the meeting, the time being 8:34pm.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      Community Assistance Program Planned Component 2018-19                                 

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

That:

1.    The information contained in the report on the Community Assistance Program Planned Component 2018-19 be received

2.    Council approve funding the highly ranked applications as outlined in Table 2 of this report to an amount totalling $30,350 with $30,000 allocated from the Planned Component and $350 allocated from the Rolling Component of the 2018/2019 Community Assistance Program.

 

13      Funding for Council’s Mobile Playvan service                                                              

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

That:

1.    The information contained in the report on Funding for Council’s Mobile Playvan service be received

2.    Council endorse the acceptance of the offer of funding by State Government in the amount of $80,000 per annum for two years

3.    Council’s General Revenue continue to fund the service in the amount of $45,000.per annum. 

 

 

11      Renew Our Libraries Funding Campaign

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

Councillor John Thain returned to the meeting, the time being 8:36pm.

Councillor Greg Davies returned to the meeting, the time being 8:41pm.                                   

261  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Renew Our Libraries Funding Campaign be received

2.    The ongoing Renew Our Libraries initiative will work with the State Government to develop a sustainable future funding model that guarantees an appropriate level of ongoing and indexed state funding.

3.    Council acknowledge the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.  While this is a welcome announcement, Council supports Renew Our Libraries to work with the Government to develop a sustainable future funding model with a view guaranteeing an appropriate level of ongoing and indexed state funding.

4.    Council resolve to take a leading role in activating the campaign locally by:

a.   writing to the Hon. Don Harwin, Minister for the Arts and the Hon Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for the provision of ongoing and indexed increases in state funding for NSW public libraries, supported by a sustainable future funding model;

b.   writing to our local State Members in relation to the need for ongoing additional funding from the NSW State Government for the provision of public library services

c.   distributing NSW Public Libraries Associate and Local Government NSW library funding advocacy initiative information in Council libraries and through Council social media, as well as participating in any actions arising from the initiative.

 

5.    Council formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.

 

An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Tricia Hitchen that consideration of this report be deferred for resubmission with more accurate information.

 

The AMENDMENT was PUT.

 

Councillor Kevin Crameri OAM called for a DIVISION.

 

For

Against

 

Councillor Kevin Crameri OAM

Councillor Kath Presdee

Councillor Bernard Bratusa

Councillor Robin Cook

Councillor Mark Davies

Councillor Greg Davies

Councillor Brian Cartwright

Councillor Todd Carney

Councillor Tricia Hitchen

Councillor Aaron Duke

Councillor Ross Fowler OAM

Councillor Karen McKeown OAM

 

Councillor John Thain

 

Councillor Marcus Cornish

 

Councillor Jim Aitken OAM

 

The AMENDMENT was LOST.

 

The MOTION was PUT.

 

Councillor Bernard Bratusa called for a DIVISON.

 

For

Against

 

Councillor Marcus Cornish

Councillor Bernard Bratusa

Councillor John Thain

Councillor Brian Cartwright

Councillor Karen McKeown OAM

Councillor Tricia Hitchen

Councillor Aaron Duke

Councillor Kevin Crameri OAM

Councillor Todd Carney

Councillor Jim Aitken OAM

Councillor Greg Davies

Councillor Mark Davies

Councillor Robin Cook

Councillor Ross Fowler OAM

Councillor Kath Presdee

 

 

 

 

On becoming the SUBTANTIVE MOTION the MOTION was CARRIED.

 

 

 

14      Naming of Park in South Penrith - Edna Dunn Reserve

Councillor Marcus Cornish left the meeting, the time being 8:54pm.

Councillor Marcus Cornish returned to the meeting, the time being 8:56pm.

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

That:

1.    The information contained in the report on Naming of Park in South Penrith - Edna Dunn Reserve be received

2.    Council endorse the naming of the reserve bounded by Mazepa Avenue and Hilliger Road, South Penrith, as Edna Dunn Reserve and make application to the Geographical Names Board for the official gazetting

3.    Following gazettal, an official naming ceremony be held at the reserve.

 

 

Outcome 7 - We have confidence in our Council

 

15      Licence Agreement with The Scouts Association of Australia NSW Branch over Scout Hall at 97 Oxford Street Cambridge Park, Corner of Eton Road and College Street            

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

That:

1.    The information contained in the report on Licence Agreement with The Scouts Association of Australia NSW Branch over Scout Hall at 97 Oxford Street Cambridge Park, Corner of Eton Road and College Street be received

2.    Council approve a new licence agreement in accordance with the terms and conditions listed in the report.

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

 

16      Pecuniary Interest Returns                                                                                              

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

That:

1.     The information contained in the report on Pecuniary Interest Returns be received

2.     Council officers write to the Office of Local Government notifying that four designated employees did not lodge their pecuniary interest returns by the due date.

 

17      Audit, Risk and Improvement Committee                                                                      

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

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

 

18      2017-18 Financial Statements                                                                                          

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

That:

1.     The information contained in the report on 2017-18 Financial Statements be received

2.     Council note the completion of the public exhibition process for Council’s 2017-18 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2018 to the Office of Local Government

 

20      Summary of Investments & Banking for the Period 1 September 2018 to 30 September 2018                                                                                                                                             

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

That:

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

2.    The graphical investment analysis as at 30 September 2018 be noted.

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

 

 

19      Conduct Review Panel                                                                                                      

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

That:

1.    The information contained in the report on Conduct Review Panel be received

2.    Council establish a panel of Conduct Reviewers, as per the Procedures for the Administration of the Code of Conduct.

3.    The following companies be placed on Penrith Council’s Conduct Review Panel for a period up to 4 years:

§ Warfield & Associates

§ Pinnacle Integrity

§ O’Connell Workplace Relations

§ Plan Plus

§ Explore Solutions

§ Nemesis Consultancy

§ Winton Consulting

§ Procure Group

§ Way Forward Pty Ltd

§ Weir Consulting

§ Wise Workplace

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

Councillor Kath Presdee left the meeting, the time being 9:00pm.

 

RR 1           Traffic Issue - Werrington Road, Werrington        

Councillor Marcus Cornish requested that the dangerous situation with regard to traffic turning onto Werrington Road from Gipps Street, Werrington be referred to the Local Traffic Committee for investigation of a solution to this issue.

 

RR 2           Closure of Footpath on Victoria Bridge       

Councillor Marcus Cornish requested that the provision of a temporary locked gate on the footpath to Victoria Bridge, whilst the road is being widened, be considered by the Local Traffic Committee for referral to Roads and Maritime Services.

 

Councillor Kath Presdee returned to the meeting, the time being 9:02pm.

 

RR 3           Health concerns regarding Massage Parlour in High Street, Penrith

Councillor Marcus Cornish requested that Council officers investigate compliance issues in relation to Pillow Top Massage Parlour in High Street, Penrith, including the premises being used as a residence and security issues regarding the back gate being left unlocked.  Councillor Marcus Cornish also requested to be advised as to whether the business operating from these premises was registered.

 

UB 1           Freedom of the City - 5th Engineer Regiment       

Councillor Brian Cartwright requested that the Common Seal of the Council of the City of Penrith be applied to all necessary documentation when bestowing Freedom of the City on the 5th Engineer Regiment  during the Remembrance Day event to be held in Penrith on Sunday 11 November 2018.

269  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

270  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney requested that the Common Seal of the Council of the City of Penrith be applied to all necessary documentation when bestowing Freedom of the City on the 5th Engineer Regiment  during the Remembrance Day event to be held in Penrith on Sunday 11 November 2018.

 

UB 2           White Ribbon Day Initiatives       

Councillor Bernard Bratusa requested that an amount of $3,500 be allocated in equal amounts from each Ward’s voted works to support seven local schools in their STEPS initiative for White Ribbon Day, the schools being:  Banks Public School, Blackwell Public School, Clairgate Public School, James Erskine Public School, St Clair Public School, Erskine Park High School and St Clair High School.

271  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

272  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies that an amount of $3,500 be allocated in equal amounts from each Ward’s voted works to support seven local schools in their STEPS initiative for White Ribbon Day, the schools being:  Banks Public School, Blackwell Public School, Clairgate Public School, James Erskine Public School, St Clair Public School, Erskine Park High School and St Clair High School.

 

UB 3           Penrith District Netball Association - Funding for Feasibility Study

Councillor Bernard Bratusa requested that an amount of $15,000 be allocated in equal amounts from each Ward’s voted works to Penrith District Netball Association to fund half of the cost of conducting a feasibility study for an indoor sports centre at Jamison Park.

Councillor John Thain declared a Non Pecuniary Conflict of Interest – Less than Significant in this urgent business item as he is a member of a group who would potentially use an indoor sports centre at this location.

 

273  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

 

274  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that an amount of $15,000 be allocated in equal amounts from each Ward’s voted works to Penrith District Netball Association to fund half of the cost of conducting a feasibility study for an indoor sports centre at Jamison Park.

 

RR 4           Ambassadors for Penrith City    

Councillor Bernard Bratusa requested a report to Council assessing the value of Penrith City Council investing in two ambassadors, providing a link between iconic individuals and the Penrith Local Government Area to benefit the local community.

 

RR 5           Raising of Warragamba Dam Wall       

Councillor Tricia  Hitchen requested a Councillor Briefing outlining Council’s position on the raising of the Warragamba Dam Wall and detailing the impact this will have on the Penrith Local Government Area.

 

RR 6           Establishment of Botanical Gardens in Penrith   

Councillor Kevin Crameri OAM requested a report outlining how the establishment of botanical gardens in the Penrith area can be incorporated into Council’s four year plan.

 

RR 7           Save our Recycling Campaign   

Councillor Karen McKeown OAM requested a report to Council on the initiative that Local Government NSW released at the recent LGNSW Conference, held in Albury, regarding the Save our Recycling campaign and detailing how Penrith City Council can support this initiative.

 

RR 8           'Keep Clear' Signage - Erskine Park Rural Fire Station

Councillor Todd Carney requested that the provision of ‘Keep Clear’ signage to the street frontage of Erskine Park Rural Fire Station be referred to the Local Traffic Committee for consideration.

 

RR 9           Provision of Sound Barriers - M4 Off Ramp at Erskine Park Road

Councillor Todd Carney requested that the provision of sound barriers to the M4 off ramp at Erskine Park Road, to help reduce noise impacts on residents in the new section of Erskine Park Road, be referred to the Local Traffic Committee for consideration.

 

RR 10         Road Crossings along Queen Street, St Marys    

Councillor Robin Cook requested that the provision of pedestrian crossings and/or signage at road crossings along Queen Street, St Marys, at Crana, King and Chapel Streets be referred to the Local Traffic Committee for consideration.

 

RR 11         Private Certification of Development  

Councillor Greg Davies requested that a report be presented to the Councillor Briefing of 3 December 2018 providing information on private certificate of development, in particular referring to the motion regarding this recently passed at the LGNSW Conference held in Albury.

 

RR 12         'Pink Up Penrith'        

Councillor Greg Davies thanked all individuals and groups involved in the recent Pink Up Penrith campaign for breast cancer awareness, particularly congratulating the Penrith CBD Corporation and St Marys Town Centre Management, as well as Penrith City Council staff.

 

 

Committee of the Whole

 

275  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:28pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Lease of Shop 7/140-142 Henry Street Penrith (Allen Arcade) to Australian Hearing                                                                                                                                              

 

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.

 

The meeting resumed at 9:30pm and the General Manager reported that the Committee of the Whole met at 9.28pm on 29 October 2018, the following being present

 

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

 

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        Lease of Shop 7/140-142 Henry Street Penrith (Allen Arcade) to Australian Hearing       

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM

CW2 That:

1.    The information contained in the report on Lease of Shop 7/140-142 Henry Street Penrith (Allen Arcade) to Australian Hearing be received.

2.    Council approve the proposed new licence agreement under the terms and conditions listed within the report.

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

 

 

ADOPTION OF Committee of the Whole

 

276  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:30pm.

 



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                                               

   


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 10 October 2018                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 November 2018                                                                                                                                    7

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2018                                                                                                                14

 

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 10 October, 2018

 

 

 

PRESENT

Councillor Tricia Hitchen (Chair), Councillor Robin Cook, Anthony Mulholland, Farah Madon, David Currie, Dianne Brookes, Carole Grayson.    

 

IN ATTENDANCE

 

Erich Weller – Community and Cultural Development Manager, Melissa McSeveny – Community Programs Coordinator, Claire Galvin – Disability Inclusion Officer, Hans Meijer – City Assets Manager, Craig Squires – Fire Safety Supervisor, Sarah Sampson – Environmental Health and Building Surveyor, Lucy Goldstein – Development Assessment Planner, Paul Anzellotti – Senior Development Assessment Planner.

 

APOLOGIES

Apologies were accepted from Allan Windley, Graham Howe and Councillor Todd Carney.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 8 August 2018

The minutes of the Access Committee Meeting of 8 August 2018 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee

                                                                                                                                       

DA18/0587 Construction and Embellishment of Village Park in Central Precinct Jordan Springs

 

Lucy Goldstein presented the development application for the construction and embellishment of a Village Park including kick-about space, community activation shelter, amphitheatre, bio-retention basin, carparking and landscaping works in the Central Precinct, Jordan Springs.

 

The site for the Village Park is on the edge of the regional open space area, Llandilo is to the north, residential areas are to the west and south-west.  The future Village Centre will be to the north of the Village Park.

 

Lucy Goldstein advised that the application is a high level conceptual plan with very little fine detail.  The application involves providing the park area.  The community activation shelter or community centre building is subject to another application.

 

 

 

 

Lucy Goldstein advised that the main access issues for the application are:

 

·    the provision of accessible carparking – two accessible bays are included in the 15 carparking spaces provided – details of dimensions of the carparking spaces has not been provided

·    the application was not accompanied by an access report – Council has requested an access report be submitted

·    location of backless and backed chairs, rubbish bins and lighting – more detailed plans have been requested.

 

Issues discussed by the Committee included:

 

·    no details of ramp access with the application

·    difficulty assessing the application with so little detail

·    the timing of development applications coming to the Access Committee

·    the steepness of grades on the site.

 

Councillor Hitchen enquired regarding the development application coming back to the Access Committee after the access report has been received.  Craig Squires said this would depend on how long it takes to assess the application, external influences and the timing of the Access Committee meeting.

 

Erich Weller suggested exploring two options.  Bringing the Village Park development application to the December Access Committee or, if the documentation needs to be processed before then, to send out more detailed documentation by email.

 

Lucy Goldstein left the meeting at 5.22pm.

 

DA18/0773            Construction of Five Storey Health Services Facility in Kingswood     

Paul Anzellotti presented the development application for the construction of a fire-storey health services facility, including specialised medical tenancies, three levels of basement carparking and associated site works.

 

The subject site is on the corner of Parker Street and Barber Avenue and comprises three lots.  There is a right of carriageway and easement to the eastern boundary of the site. Ground floor vehicular access is off Barber Avenue.

 

The proposal comprises removal of trees and existing structures.  The provision of four basement parking levels containing 190 carparking spaces with access is proposed to be situated in the north-eastern corner of the site in addition to an ambulance bay and refuse truck bay provided to the ground floor.  It is proposed to construct a five-storey health service facility providing for a range of specialist health services with multiple medical tenancies over five levels.

 

The Sydney Western City Planning Panel is the determining authority for this proposal as the health services facility has a value of over $28 million. Council will complete the assessment and prepare a recommendation but the regional panel makes the final determination.

 

The application was accompanied by an access assessment report.  The development proposes four accessible carparking spaces on basement level 1A. Directional signage is to be provided to Australian Standards.

 

 

Issues discussed by the Committee included:

 

·    Changerooms on basement level 1

·    The number of accessible parking spaces provided

·    Pedestrian access on the right of carriageway

·    Possible provision of a crossing to make it safer to cross the road

·    Accessible lift access

·    Accessible toilets should have an even split of left-hand and right-hand

·    Access to toilets on the ground level

·    Entry access on the ground floor level

·    Suggestion of lift platform on the stairs

·    Implementation of suggestions in the access report

·    Accessible showers

·    Issues with placing a baby change table in an accessible toilet

·    Signage

·    The number of parking spaces for staff and for public use

·    Location of nearest bus stops and taxi drop off point.

 

Paul Anzellotti undertook to forward all the Committee’s concerns to the applicant.

 

Paul Anzellotti left the meeting at 5.57pm.

 

SSD 8766              Nepean Hospital Integrated Ambulatory Services Redevelopment (Stage 1)

Craig Squires presented the development application regarding the Nepean Hospital redevelopment. 

 

Craig Squires advised that the Nepean Hospital redevelopment is a State significant development and the State government is approving it.  This development came to Council in June last year with a presentation from Nepean Hospital describing the new development. 

 

Craig Squires advised that any comments or concerns made by the Access Committee would be passed onto the developer.

 

Issues discussed by the Committee included:

 

·    People with disability and wheelchair users being able to exit the building in an emergency – 1,800 minimum refuge area in the stairwell

·    Provision of lifts which can be used during a fire evacuation

·    Concerns were expressed about the Access Report submitted with the development being a generic report

·    Provision of a bus bay.

 

Discussion was held regarding development applications that come to the Access Committee with no detailed information.  Craig Squires said he would pass this information on and a mechanism would have to be developed to deal with this issue. The timing of Access Committee meetings means that development applications are submitted and determined in the period of time between Access Committee meetings.

 

Erich Weller suggested calling a special meeting of the Access Committee or alternatively, if it is an important development application which is ready to be processed, that an email be sent out with a link.  Access Committee members would be given a timeframe to get their comments back.  Erich Weller also advised that he would speak with the Development Services Manager about providing a reasonable amount of detail with development applications presented to the Access Committee.

 

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        Portable "Lift and Change" Facilities

                                                                                                                                       

Claire Galvin spoke to the report on Lift and Change facilities.  It was advised that adult change facilities have been constructed in Penrith, St Marys and Jordan Springs.  Farah Madon emailed Access Committee community members suggesting the Committee discuss the possibility of recommending to Council purchasing a portable adult change facility for the Penrith LGA.

 

Maroondah City Council developed the “Marveloo”, a portable accessible toilet with an adult change table, hoist and other amenities which go beyond the minimum standards.  Maroondah has two Marveloos which they hire out.  Bendigo and Wagga Wagga Councils now also have Marveloos.

 

Claire Galvin showed the meeting videos about the changing places facilities and a walk through of a Marveloo.

 

Issues discussed by the Committee included:

 

·    Access to the Marveloo requires an MLAK key

·    Further investigation will be required with consultation with other Council departments regarding storage, cleaning, effluent, security cameras

·    Query regarding how often the change tables in Penrith are utilised

·    Increased signage to changing places facilities is required

·    These facilities assist people with disability to attend community events and be less isolated

·    Discussion regarding inspecting a Marveloo facility

·    The Marveloo could be used at community events such as the REAL Festival, Australia Day and the NAIDOC Week gathering

·    Possibility of securing State or Federal Government funding.

 

Councillor Hitchen thanked Farah Madon and Claire Galvin for bringing this information forward to the Committee.

 

RECOMMENDED

That:

1.      The information contained in the report on Portable "Lift and Change" Facilities be received.

2.      Council officers undertake further investigation on the matters flagged in this report.

3.      A further report be prepared for the Access Committee providing the additional information.

 

 

3        Nepean Jobs For All - Final Project Report

                                                                                                                                       

Claire Galvin advised that the Nepean Jobs For All project has now been completed.  Throughout the course of the project 27 presentations were made to business and community groups, nine businesses worked with the project, two of the businesses went on to employ a person with disability and three people secured jobs.

 

Claire Galvin spoke about the small business incubator program which provided 11 local adults with disability an eight-week course to work through a planning process for their business idea.

 

A film-maker was employed to create two short films on the Nepean Jobs For All project featuring two people with disability who gained employment. These films, which were launched on 23 August, are available on Council’s website.

 

The UTS Centre for Business and Social Innovation conducted an evaluation of the Nepean Jobs For All project.  When the report is finalised it will be available on Council’s website. Recommendations from the draft report are listed in the Access Committee business paper.

 

David Currie congratulated Council for supporting the Nepean Jobs For All project.  He also thanked Council for being part of this important project.

 

Erich Weller thanked David Currie, on behalf of Council and the Access Committee, for representing the Access Committee on the Nepean Jobs For All Project.

 

RECOMMENDED

That the information contained in the report on Nepean Jobs For All - Final Project Report be received.

 

GENERAL BUSINESS

 

GB 1           Carers NSW Biennial Conference       

Dianne Brookes advised that the Carers NSW Biennial Conference is being held at Homebush Bay on 11 and 12 October 2018.

 

GB 2           Australian Standard on Wayfinding    

Farah Madon advised that the Australian Standard on Wayfinding is expected to be released on 18 October 2018. 

 

GB 3           Hilltop Park       

Councillor Hitchen advised that the developers opened Hilltop Park three weeks ago and then closed it because the equipment was dangerous.  It was noted that the park was not accessible and Councillor Hitchen asked why the development application didn’t come back to the Access Committee.  Erich Weller undertook to get an answer to Councillor Hitchen’s query.

 

 


 

There being no further business the Chairperson declared the meeting closed the time being 6.55pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 October, 2018 be adopted.

 

 

 


Ordinary Meeting                                                                                         26 November 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 November, 2018

 

 

 

PRESENT

Councillor Karen McKeown OAM (Council Representative), Wayne Mitchell – Executive Manager Environment and City Development (Chair), David Lance – Roads and Maritime Services (RMS), Brana Ravichelvan  – Roads and Maritime Services (RMS), Sergeant Matthew Shirvington – Nepean PAC (Police Area Command).

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Caitlin Bailey – Traffic Officer, Stephen Pham – Trainee Engineer, Joe Vocisano – Ranger.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 13 August 2018 to 7 September 2018 inclusive.

 

APOLOGIES

Councillor Tricia Hitchen (Representative for the Member for Penrith), Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer, Steven Purvis – Senior Ranger, Bernie Meier – Signs and Lines Marking Supervisor.

 

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 8 October 2018

The minutes of the Local Traffic Committee Meeting of 8 October 2018 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

David Drozd – Traffic Engineering Coordinator introduced Caitlin Bailey to the Committee  and advised that she is will be in Traffic Engineering for 12 months in a Traffic Officer role.

 

1        Lethbridge Street and Doonmore Street, Penrith - Proposed Pedestrian Crossing and Traffic Calming Devices                                                                                            

Councillor Karen McKeown OAM (Council Representative) requested that during the next stage of detailed design, consideration be given to investigating a pedestrian facility on both the eastern and western legs of the intersection being Lethbridge Street, Penrith, due to the pedestrian movement that is weighted towards the west.

 

 

RECOMMENDED

That:

1.    The information contained in the report on Lethbridge Street and Doonmore Street, Penrith - Proposed Pedestrian Crossing and Traffic Calming Devices be received.

2.    The provision of a raised pedestrian crossing be included in Council’s Traffic Facilities Prioritisation Program.

3.    When the proposed pedestrian crossing (as shown in Appendix 2) receives priority against other listed sites, Council’s Design Co‑ordinator be requested to consider a design for the facility on both the eastern and western legs of the intersection, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

4.    Consultation be undertaken with affected residents regarding the proposed speed cushions to be installed on all approaches at the intersection of Doonmore Street and Lethbridge Street, Penrith, with any substantial objections to be referred back to the Local Traffic Committee for consideration.

5.    Subject to no substantial objections, the proposed speed cushions be endorsed for construction, as shown in Appendix 3.

6.    The proposed traffic calming devices be funded from the Urgent Traffic Facilities Budget.

 

2        York Road, South Penrith - Proposed Speed Humps                                                   

Sergeant Matthew Shirvington of Nepean PAC (Police Area Command) opposed the proposed speed humps on York Road, South Penrith and requested that a chicane or a series of slow points be installed instead. 

David Drozd – Traffic Engineering Coordinator explained the benefits of speed humps,  explained where Council has installed them previously and explained why speed humps are more effective than a chicane.

Adam Wilkinson – Engineering Services Manager advised that given the recorded speeds collected from the traffic volume and speed counts conducted on York Road, it is Council Officer’s strongest recommendation to install the proposed traffic management facilities. 

Sergeant Matthew Shirvington of Nepean PAC (Police Area Command) requested details of the community consultation, traffic volume and speed count data for the street and requested that Nepean PAC be contacted and requested to undertake enforcement of vehicle speeds on this street.

Wayne Mitchell - Executive Manager Environment and City Development (Chair) suggested that the matter be deferred to December Local Traffic Committee meeting and possible traffic calming alternatives be investigated.

RECOMMENDED

That:

1.    The report be deferred and Council’s Traffic Officers be requested to investigate possible traffic calming alternatives on York Road, South Penrith. 

 

 

2.    Council’s Traffic Officers provide Sergeant Matthew Shirvington of Nepean PAC with the details of the community consultation and the most recent traffic volume and speed count data for York Road, South Penrith.

 

3.    Council’s Traffic Officers request Nepean PAC to undertake enforcement of vehicle speeds on York Road, South Penrith.

 

4.    A report be prepared and presented back to the December 2018 Local Traffic Committee Meeting.

 

3        Glossop Street, St Marys - Proposed Additional Bus Stop Locations                       

RECOMMENDED

That:

1.    The information contained in the report on Glossop Street, St Marys - Proposed Additional Bus Stop Locations be received.

2.    Full time ‘Bus Zone’ restrictions (15 metres each) be installed in Glossop Street, St Marys, as shown in Appendix 1, comprising of the installation of two new bus stops (western kerb on the frontage of house number 119-121, Glossop Street, and the eastern kerb on the side boundary of House Number 124, Glossop Street).

3.    Busways and adjoining residents be informed of these changes.

 

4        Greenbank Drive, Werrington Downs - Proposed Speed Humps                               

Sergeant Matthew Shirvington of Nepean PAC (Police Area Command) expressed his concern about the proposed speed humps on Greenbank Drive, Werrington Down. Sergeant Shirvington advised that he feels chicanes would be better suited for this street.

David Drozd – Traffic Engineering Coordinator advised that Council is proposing to install speed humps which are aimed at reducing vehicles speeds on this street by addressing the 85th percentile of drivers who drive above the posted speed limit, rather than the smaller percentage of ‘hoon’ drivers.  

Adam Wilkinson – Engineering Services Manager advised that it is Council Officer’s strongest recommendation to proceed with the proposed speed humps, due to their ability to reduce speeds. 

David Lance of RMS requested that Council install fencing or landscaping at the kerbside of the proposed speed humps to prevent pedestrians from using them as a pedestrian crossing. 

RECOMMENDED

That:

1.     The information contained in the report on Greenbank Drive, Werrington Downs – Proposed Speed Hump Series be received.

2.     Design Plans GR002 to GR006 (inclusive) dated June 2018 be endorsed for construction as per Appendix 2, with the addition of fencing or landscaping to be provided at the kerbside of the proposed speed humps.

3.     The proposed speed hump project be funded from the 2018-2019 Major Traffic Facilities Budget.

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

5        Rugby Street, Cambridge Park - Proposed Speed Humps                                          

David Lance of RMS requested that Council install fencing or landscaping at the kerbside of the proposed speed humps to prevent pedestrians from using them as a pedestrian crossing. 

RECOMMENDED

That:

1.   The information contained in the report on Rugby Street, Cambridge Park - Proposed Speed Humps be received.

2.   Design Plans RUGST001 to RUGST004 (inclusive) dated June 2018 be endorsed for construction as per Appendix 2, with the addition of fencing or landscaping to be provided at the kerbside of the proposed speed humps.  

3.   The proposed speed hump project be funded from the 2018-2019 Major Traffic Facilities Budget.

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

 

6        Luddenham Road, Orchard Hills - Proposed 'KEEP CLEAR' Marking                       

Councillor Karen McKeown OAM advised the Committee that Councillor Todd Carney has been advocating on with this matter and requested that he be advised of Council’s resolution.

RECOMMENDED

That:

1.    The information contained in the report on Luddenham Road, Orchard Hills - Proposed 'KEEP CLEAR' Marking be received.

2.    The proposed ‘KEEP CLEAR’ line marking be implemented as per Appendix 1.

3.     Councillor Todd Carney and The Rural Fire Brigade in Erskine Park be notified of Council’s resolution.

 

7        Glossop Street, St Marys - Proposed 'STOP' Sign and Associated Line Marking    

RECOMMENDED

That:

1.    The information contained in the report on Glossop Street, St Marys - Proposed 'STOP' Sign and Associated Line Marking be received.

2.    The proposed ‘STOP’ sign and its associated line marking be installed in lieu of the current ‘GIVE WAY’ sign, as shown in Appendix 1.

3.    Directly affected residents and residents who reported the matter be advised of Council’s resolution.

 


 

8        Edwards Place Car Park, Penrith - Proposed Accessible Parking Space                  

RECOMMENDED

That:

1.    The information contained in the report on Edwards Place Car Park, Penrith - Proposed Accessible Parking Space be received.

2.    Consultation be undertaken with nearby properties regarding the proposed accessible parking space in Edwards Place Car Park, Penrith as shown on Appendix 1.

3.    Subject to no substantial objections being received, the accessible parking space in Edwards Place Car Park, Penrith be installed as shown on Appendix 1.

4.    The Greater Western Aboriginal Health Service be informed of Council’s resolution.

 

 

GENERAL BUSINESS

 

GB 1           Ransley Street and Station Street, Penrith - Request for 'Give        Way' or 'STOP' Sign      

Sergeant Matthew Shirvington of Nepean PAC (Police Area Command) requested Council investigate the intersection of Ransley Street and Station Street, Penrith for the potential of installing a ‘Give Way’ or ‘STOP’ sign for vehicles on Ransley Street.

RECOMMENDED

          That:

1.   Council’s Traffic Officers be requested to investigate the intersection of Ransley Street and Station Street, Penrith and for the potential of installing a ‘Give Way’ or ‘STOP’ sign for vehicles on Ransley Street.

 

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

 

 

GB 2           Castlereagh Road, Agnes Banks - Request for Re-Painting of        Existing Line Marking     

Councillor Marcus Cornish advised the Committee of faded line marking along Castlereagh Road, south of Springwood Road, Agnes Banks and requested that the line marking be repainted.

RECOMMENDED

          That:

1.   Council’s Asset Management Department be requested to investigate the line marking along Castlereagh Road, south of Springwood Road, Agnes Banks and repaint any faded line marking.

 

2.   Councillor Marcus Cornish be advised of the outcome.

 


 

 

GB 3           Old Bathurst Road, Emu Heights - Vehicles Not Parking Within     Marked Parking Lane    

Councillor Marcus Cornish advised the Committee of instances of illegally parked vehicles, parked outside of the marked parking lane on Old Bathurst Road, east of Wedmore Road, Emu Heights and also vehicles parking on the verge.

RECOMMENDED

          That:

1.   Council’s Traffic Officers be requested to investigate the extent of the parking lane on Old Bathurst Road, east of Wedmore Road, Emu Heights and investigate the provision of parking restrictions and/or an extension for the parking lane.

 

2.   Council’s Rangers be requested to conduct patrols on Old Bathurst Road, east of Wedmore Road, Emu Heights for instances of vehicles parking outside of the marked parking lane and for instances of vehicles parking on the verge. 

 

3.   Councillor Marcus Cornish be advised of the outcome.

 

 

GB 4           Penrith City Council Car Park - Pedestrian Safety at the Raised     Platform   

Councillor Marcus Cornish advised the Committee about confusion for pedestrians and drivers about who has ‘right of way’ when at the raised platform in the Penrith City Council Car Park fronting the Civic Centre.

RECOMMENDED

          That:

1.   Council’s Traffic Officers investigate the raised platform in the Penrith City Council Car Park fronting the Civic Centre and investigate the provision of signage advising that pedestrians must give way.

 

2.   Councillor Marcus Cornish be advised of the outcome.

 

GB 5           REAL Festival, Penrith - Bus Operations     

Steve Grady of Busways advised the Committee that bus operations went well during the REAL Festival event conducted on 2 & 3 November 2018.  

RECOMMENDED

          That the Committee note the information.

 

GB 6           York Road and Ikin Street, South Penrith - Construction of New    Roundabout                  

Steve Grady of Busways expressed his appreciation and thanks to Council’s Mr Brendan McLister, Project Engineer for his efforts during the construction of the roundabout at the intersection of York Road and Ikin Street, South Penrith.

RECOMMENDED

          That the Committee note the information.

 

There being no further business the Chairperson declared the meeting closed the time being 10:35am.

 

 

 

RECOMMENDATION

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

 

 

 


Ordinary Meeting                                                                                         26 November 2018

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 12 November, 2018

 

 

 

PRESENT

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

 

APOLOGIES

Apologies were received for Councillors Bernard Bratusa, Kevin Crameri OAM and Tricia Hitchen.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 October 2018

The minutes of the Policy Review Committee Meeting of 8 October 2018 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith City Children's Services Cooperative Ltd                                                         

RECOMMENDED

That:

1.    The information contained in the report on Penrith City Children's Services Cooperative Ltd be received.

2.    Council underwrite the operations of the PCCSC Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2018-19.

3.     Children’s Services staff be congratulated for their continuous effort and work within Child Care Centres.

 




 

Outcome 5 - We care about our environment

 

5        Cumberland Zone Rural Fire District - Status of Current and Future Operations     

RECOMMENDED

That:

1.    The information contained in the report on Cumberland Zone Rural Fire District - Status of Current and Future Operations be received.

2.    The Rural Fire Services Brigade be congratulated for their continuous effort and work for the community.

 

 

Outcome 7 - We have confidence in our Council

 

6        Penrith Performing and Visual Arts Ltd - 2017-2018 Annual Report                          

RECOMMENDED

That the information in the report on the Penrith Performing and Visual Arts Ltd - 2017-2018 Annual Report be received and that Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2018/19 Annual Report.

 

7        Risk Management Policy and ARIC Annual Report                                                      

RECOMMENDED

That:

1.    The information contained in the report on Risk Management Policy and ARIC Annual Report be received.

2.    The Risk Management Policy be adopted.

3.    The information contained in the ARIC Annual Report be received.

 

 

Outcome 4 - We have safe, vibrant places

 

3        Kingswood Place Plan 2018-22

Councillor Mark Davies left the meeting, the time being 8:48pm, and did not return.                 

RECOMMENDED

That:

1.    The information contained in the report on Kingswood Place Plan 2018-22 be received.

2.    That Council endorse the delivery of the Kingswood Place Plan 2018-22.

 

 

 

 

 

 

Outcome 2 - We plan for our future growth

 

2        Penrith DCP 2014 amendments - Public Exhibition Submissions                              

His Worship the Mayor, Councillor Ross Fowler OAM advised the committee that this item has been withdrawn and will be deferred to a future Policy Review Committee Meeting.

 

 

Outcome 4 - We have safe, vibrant places

 

4        Oxley Park Place Plan Progress Report                                                                         

RECOMMENDED

That:

1.    The information contained in the report on Oxley Park Place Plan Progress Report be received.

2.    Council continue to receive updates on the Oxley Park Place Plan through the periodic Neighbourhood Renewal Program reporting and that a final report is presented to Council at the conclusion of the Plan in the second half of 2020.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:51pm.

 

 

 

 

 

RECOMMENDATION

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

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Planning Proposal for Winter Sporting Facility at 2-4 Tench Avenue, Jamisontown    

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Tender Reference 18/19-14: Studies and Strategies for Penrith's Local Environmental Plan Review                                                                                                                                7

 

 

Outcome 4 - We have safe, vibrant places

 

3        Acquisition of Council Land by Transport for NSW for Penrith Transport Interchange Northern Concourse Stairs (Part Lot 3012 DP1184498)                                                 19

 

4        Draft Penrith Community Safety Plan 2018-22                                                                26

 

5        Control and Management of the Pioneer Church of England Cemetery in Castlereagh 29

 

6        RFT 18/19-11 Waters Edge Platforms                                                                             32

 

 

Outcome 5 - We care about our environment

 

7        Nepean River Flood Study                                                                                               39

 

8        RFT 17/18-08 Part E - Effluent Collection Services                                                        59

 

 

Outcome 6 - We are healthy and share strong community spirit

 

9        NSW Government's ICC World T20 2020 Cricket Legacy Fund                                     67

 

10      NSW Government's 2018 Community Building Partnership Program                            71

         

11      RFT 18/19-09 Kingsway Amenities Building                                                                   80

 

12      RFT 18/19-13 Penrith Street and Sportsfield Tree Project                                              84

 

13      RFT 18/19-04 Construction of Play and Recreational Facilities in Sienna Gardens      89

 

 

 

 

 

 

 

 

Outcome 7 - We have confidence in our Council

 

14      Code of Conduct - Report on Complaints Statistics                                                        96

 

15      Organisational Performance and Financial Review - September 2018                          98

 

16      2019 Proposed Council Meeting Calendar                                                                    103

 

17      2017-18 Penrith City Council Annual Report                                                                 107

 

18      Summary of Investments & Banking for the Period 1 October 2018 to 31 October 2018 109

 

 

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Planning Proposal for Winter Sporting Facility at 2-4 Tench Avenue, Jamisontown  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Tender Reference 18/19-14: Studies and Strategies for Penrith's Local Environmental Plan Review                                                                                                                                7

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

 

 

1

Planning Proposal for Winter Sporting Facility at 2-4 Tench Avenue, Jamisontown   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Plan for and facilitate development in the City

     

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

 

Executive Summary

Council is in receipt of a Planning Proposal to amend the Height of Buildings Map under Penrith Local Environmental Plan 2010 (LEP 2010) as it relates to the land known as 2-4 Tench Avenue, Jamisontown. The purpose of the proposed changes is to facilitate development of the site for a Winter Sporting Facility which would include a 300 metre indoor ski slope and hotel.

 

This report seeks Council’s endorsement to sponsor the Planning Proposal and forward it to the Department of Planning and Environment (DPE) with a request to issue a Gateway Determination to allow the proposal to proceed to agency and public consultation.

Background

On 29 June 2018, Council received a Planning Proposal lodged by Winter Sports World Pty Ltd that seeks to amend the building height control prescribed by LEP 2010 for the property known as 2-4 Tench Avenue, Jamisontown (Lot 1 DP 38950). A site location map is provided at Attachment 1.

 

The purpose of the proposed change is to facilitate development of the site for a Winter Sporting Facility which would include a 300m indoor ski slope, ice skating rink, ice climbing facilities, rock climbing facilities, altitude training, gymnasium and training facilities, hotel accommodation (Approximately 170 hotel rooms plus a function centre), and food and drink premises (bars, cafes and restaurants).

 

The key attractor or anchor which underpins the concept and viability of the ‘Winter Sports World’ is an indoor ski centre with a 300-metre-long ski slope. The proponent states that the proposal has been designed to be one of the top 10 High Performance Training Centre’s in the world.  To achieve the required length and gradient for the ski slope a range of building heights up to 54 metres at the eastern end of the site is required. An image of the proposed development may be found at Attachment 2.

 

The site

 

The site currently contains a dwelling at its western end and is 2.342 hectares in size. It is zoned SP3 Tourist and is prescribed with a maximum building height control of 8.5 metres under LEP 2010. The western portion of the site is identified as land with scenic landscape values on the LEP 2010 Scenic Landscape Values Map. No Floor Space Ratio (FSR) control currently applies to the site.

 

To the south of the site is the Nepean Shores development which contains short and long term accommodation. To the north across Jamison Road is the “Madang Park” heritage cottage and trees, and the Cables Water Park. To the east are rural-residential properties including a place of worship. To the west across Tench Avenue is Tench Reserve and the Nepean River.

 

Attachment 3 provides extracts from the LEP 2010 Zoning, Height of Buildings, Scenic Landscape Values, and Heritage Maps in relation to the subject site.

The Planning Proposal

The Planning Proposal application seeks to amend the LEP 2010 Height of Buildings Map by changing the building height control on the site from the current 8.5m to part 8.5m, part 24m, and part 54m. No other changes are sought to planning controls. Attachment 4 provides a map of the proposed height controls for the subject site. A copy of the Planning Proposal has been provided to Councillors under separate cover, is publicly-available on Council’s website, and has been tabled tonight.

 

Local Planning Panel advice

 

Section 2.19 of the Environmental Planning and Assessment Act 1979 (EPA Act) requires Councils to refer Planning Proposals to the Local Planning Panel for advice, prior to a decision being taken by Council to submit the proposal to DPE for Gateway assessment.

 

On 22 August 2018, the Planning Proposal was considered by the Penrith Local Planning Panel. The Panel’s advice notes that the proposal is consistent with Council’s vision for the locality that is identified in Council policies, being to provide for tourist-oriented development and related uses in the locality. The advice raised concerns with the potential bulk and scale of the proposed development and recommended that site-specific planning controls are prepared to facilitate appropriate development outcomes. The Panel advice was sympathetic to the envisaged building form as the proposed development is a unique facility which is dependent on a specific gradient and height. The advice recommended that additional information was sought from the proponent to address information gaps identified in Council’s preliminary assessment. A copy of the Local Planning Panel advice is provided at Attachment 5.

Key considerations

 

Envisaged development

 

The proposed development scheme for the site is consistent with one of the key aspects of Council’s vision for the locality, which is to provide for tourist-oriented development and related uses that are compatible with the promotion of tourism in Penrith reinforcing Penrith being the “adventure capital”. Council’s vision is identified in several plans and policies including LEP 2010 through the SP3 Tourist zone objectives, the Penrith Economic Development Strategy (2017), the Riverlink Precinct Plan (2008) and Penrith Development Control Plan 2014 (DCP 2014).

 

The primary purpose of the Planning Proposal is to facilitate development of a 300-metre indoor ski slope by increasing the maximum permitted building height control on the site. This is a unique tourist facility which is dependent on a specific gradient and height. It is noted that for other land uses the height as proposed would be not be acceptable if such uses were stand-alone development proposals and did not offer a unique proposition. Any development of the site under the proposed height controls would need to substantially feature an indoor ski slope facility.

 

Economic impact

 

The proponent’s submitted documentation indicates that during the operating life of the development it would generate 759 direct and indirect jobs and would add $74.9m per annum to the local economy. Annual visitation of 200,600 people is anticipated in the base scenario.

 

The facility would potentially become an iconic landmark and attractor in the Penrith region with the potential to service the resident population, adventure-seeking day trippers and tourists at large. Council’s Economic Development Strategy identifies Tourism as one of six identified target sectors, with a goal of creating 2,000+ jobs. The proposal would contribute towards the achievement of this goal and reinforce Penrith’s goal of being the adventure capital. The proposal would also contribute to meeting demand for hotel accommodation in the locality as identified in Councils short stay accommodation strategy.

 

Visual analysis

 

Council officers have completed a visual assessment of the Planning Proposal. This included the undertaking of an urban design peer review by an external consultancy as well as an analysis of the proponent’s electronic Sketchup file using Council’s Urban Circus 3D city model.

 

There are several Council planning documents which identify the importance of maintaining or enhancing certain views in the area, including LEP 2010, DCP 2014, the ‘Our River’ Nepean River Masterplan (2013), Riverlink Precinct Urban Design Study (2009) and Riverlink Precinct Plan (2008). The important views identified to be maintained or enhanced are views to the Blue Mountains escarpment from roads and public areas, and views to and from the Nepean River.

 

DCP 2014 and the ‘Our River’ masterplan identify the area at the intersection of Jamison Road and Tench Avenue as an important gateway location, where a strong sense of arrival along Jamison Road is envisaged, and where vistas and view corridors to and from the river and to the Blue Mountains escarpment are to be enhanced. Tench Reserve in this location is planned to be developed as a significant embellished congregation area. The subject site is envisaged to contain a highly visible landmark building displaying design excellence with street activation.

 

There are several locations where the potential impacts on important views warrant consideration. These include locations distant and close to the proposed structure. A comprehensive visual analysis of the proposal has been provided by the proponent, which considers the way in which view corridors from major roads and other public places will be affected by the development. The proponent’s visual analysis is provided as a separate enclosure to this report and will be made available on Council’s website. The visual analysis indicates that the structure will be visible from several locations. The extent of the impact on views to the Blue Mountains is presented in the analysis. Council’s Urban Circus 3D city model has been used to verify the proponent’s visual analysis.

 

The additional information submitted by the proponent allows the community and Council officers to be adequately informed of the potential visual impacts of the proposal. It is recommended that the merits of the proposal in respect to visual impact be further considered throughout the future community and agency engagement, should Council wish to proceed further with the Planning Proposal. It is recommended that the Planning Proposal be submitted to DPE with a request to issue a Gateway Determination to commence community and agency engagement through an LEP amendment process.

Urban design and context

 

The potential impacts on neighbouring properties, such as overshadowing, amenity, privacy, bulk and scale, plus the desire to deliver design excellence, will be responded to through preparation of detailed site-specific development controls to facilitate the unique development sought on this site and to provide greater certainty to development outcomes. This matter is discussed in more detail later in this report.

 

Flooding and evacuation analysis

 

The subject site is located within the Penrith Low Flood Island. A flood evacuation assessment and flood impact assessment will be prepared by the proponent to enable Council’s consideration of these matters.

 

Traffic analysis

 

A revised traffic analysis will be prepared by the proponent which will enable Council’s consideration of the traffic impacts of the development on the external road network, including the key intersections, and identify any upgrades that would be required to facilitate the expected increase in traffic volumes.

Proposed LEP amendment

As an alternative to the proponent’s proposal to amend the LEP 2010 Height of Buildings Map for the subject site, Council officers instead propose to prepare site-specific development controls for the site to facilitate only the unique development sought and to provide greater certainty to development outcomes.

 

It is noted that the development proposal requires a building height control of at least 54m. The proponent has also identified that a minimum FSR control of 1.2:1 would be required to facilitate the development proposal not including a hotel component. Should a hotel component be included the proponent would require a minimum FSR control of 1.45:1. It is noted that the nearby Penrith Panthers site currently has an FSR control of 1:1.

 

In consideration of the above, it is recommended that Part 7 (Additional local provisions) of LEP 2010 is utilised, where a local LEP provision would be prepared relating to the subject site. The local provision would allow for a 54m high development on the site on the condition that:

§ a substantial component of the development is an indoor ski slope facility, and an FSR control of 1.2:1 is not to be exceeded.

§ an FSR control above 1.2:1 (up to a maximum of 1.45:1) would be considered if justified and if the development features a hotel component.

§ the development is in accordance with a site-specific DCP prepared for the site which provides additional planning and design guidance for development.

§ The design of the structure is prepared by way of a design competition.

§ A “sunset clause” applies, where the local LEP provision will cease to exist three years after the date the LEP amendment is made. This is to enable controls specific to this proposal and ensure delivery.

 

Given the above, the proponent’s proposed changes to the LEP 2010 Height of Buildings Map will not be required as the local provision will deliver a comparable development outcome.

 

DPE has provided preliminary advice in support of Council’s proposal to prepare site specific planning controls for the site to ensure appropriate land use outcomes are delivered.

 

Council officers will work with the proponent to further consider the most appropriate FSR control for the site, which would be guided by additional urban design and architectural analysis and preparation of the site specific planning controls.

Next steps

Should Council sponsor the Planning Proposal, the Planning Proposal will be amended in accordance with the changes outlined in this report and then submitted to DPE with a request to issue a Gateway Determination to allow the proposal to proceed to public exhibition and agency consultation. As part of Council’s Gateway Determination request, delegation will be sought for the General Manager to update and finalise the Planning Proposal for the making of the LEP amendment.

 

Following receipt of the Gateway Determination, flooding and traffic technical studies will be finalised by the proponent. A site-specific DCP will also be prepared by the proponent in consultation with Council officers. Upon completion of the supporting information and DCP controls, the Planning Proposal would be publicly exhibited in accordance with the requirements of the Gateway Determination and other relevant legislation.

Conclusion

Council is in receipt of a Planning Proposal to amend LEP 2010. The Planning Proposal relates to the land known as 2-4 Tench Avenue, Jamisontown. The purpose of the proposed changes is to facilitate development of the site for a Winter Sporting Facility which would include a 300 metre indoor ski slope and hotel.

The proposal is consistent with one of the key aspects of Council’s development vision for the area. An analysis of visual impacts has been provided for consideration. Site-specific planning controls will be prepared to respond to various planning issues including urban design and overshadowing impacts.

 

It is recommended that Council endorses that the Planning Proposal be forwarded to DPE with a request to issue a Gateway Determination to allow the proposal to proceed to agency and public consultation.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal for Winter Sporting Facility at 2-4 Tench Avenue, Jamisontown be received

2.    Council endorse the Planning Proposal (provided separately and tabled tonight), subject to any further changes resulting from Item 4 below.

 

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

 

a.   prior to Council’s submission of the Planning Proposal to the Minster for Planning to request a Gateway Determination.

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

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

 

5.    A Development Control Plan be prepared for the subject site, to be publicly exhibited concurrently with the Planning Proposal.

 

6.    Council publicly exhibit 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.

 

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

 

 

ATTACHMENTS/APPENDICES

1.

Site Location Map

1 Page

Attachments Included

2.

Image of proposed development

1 Page

Attachments Included

3.

Extracts from LEP 2010 maps

1 Page

Attachments Included

4.

Proposed height controls

1 Page

Attachments Included

5.

Local Planning Panel advice

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                         26 November 2018

 

 

 

2

Tender Reference 18/19-14: Studies and Strategies for Penrith's Local Environmental Plan Review   

 

Compiled by:               Matthew Rose, Senior Planner

Danielle Fox, Planner

Elizabeth Hanlon, Senior Planner

Abdul Cheema, City Planning Co-ordinator

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

 

Previous Items:           LEP Review Report - Policy Review Committee - 08 Oct 2018      

 

Executive Summary

Council is required to review and amend its Local Environmental Plan to give effect to the strategic direction set by the Greater Sydney Region Plan – A Metropolis of Three Cities, and the Western City District Plan. This review needs to be informed by a contemporary and comprehensive evidence base, including studies and strategies for housing, the economic performance of St Marys Town Centre, rural lands and villages, and scenic and cultural landscapes.

This work requires the services of specialist consultants, for example, to undertake housing supply and demand modelling, identify important landscapes, and analyse the economic performance of St Marys Town Centre. Tenders to undertake this work were advertised on 27 September 2018 and closed on 24 October 2018. This report describes the tender process and advises Council of the outcome. It concludes by recommending the consultants that are considered the best to undertake the required work.

Background

Council needs to review and update its Local Environmental Plan to align with the planning priorities set in its Greater Sydney Region Plan – A Metropolis of Three Cities, and the Western City District Plan. This review needs to be informed by a series of studies and strategies that respond to the forecast growth for the Western City District. These studies and strategies will provide the evidence base to inform recommendations about how Council can respond to the new strategic direction. The initial phase of this work requires the following studies and strategies:

·    Local Housing Strategy.

·    Rural Lands and Villages Study and Strategy, including a Scenic and Cultural Landscape Study.

·    St Marys Town Centre Economic Analysis and Development Strategy.

The need to use specialist consultants to undertake this work has been identified due to the technical nature of the required analysis. For example, the Local Housing Strategy requires housing demand and supply forecast modelling and the strategy for St Marys Town Centre requires detailed analysis of the centre’s current economic performance and potential.

Council has received funding through the Western City Deal to complete this work. No council funds are required.

The anticipated cost of each of the studies and strategies met the threshold for Council’s tender process. Tenders were advertised on 27 September 2018 and closed on 24 October 2018. Advertisements were placed in the Sydney Morning Herald and Western Weekender and through Council’s website. The following responses were received.

Local Housing Strategy

Company

Tendered Price ($)

Company Location

Directors

APP

198,000

Level 7, 116 Miller Street North Sydney NSW 2300

Ian Michael Maxted

Derek Andrew Osborn

Adam Castro

Todd Prideaux Selby

ARUP

176,500

Level 10, 201 Kent Street Sydney NSW 2000

Bruce Tanner

Justin Madden

City Plan Strategy & Development

105,000

Suite 6.02, 120 Sussex Street, Sydney NSW 2000

David Ryan

Susan Francis

Juliet Nicholls

Stephen Kerr

Brendan Bennett

Cox Architecture

130,020

Level 6, 155 Clarence Street, Sydney NSW 2000

Ramin Jahromi

Alex Small

David Holm

Ian Connolly

John Ferendinos

John Richardson

Joseph Agius

Lachlan Abercrombie

Nick Tyrrell

Russell Lee

Satvir Mand

Ethos Urban

185,500

173 Sussex Street, Surry Hills NSW 2000

Gavin Partridge

Amanda Kenny

Beth McGuinness

Clare Swan

Greg Vann

Hill PDA

90,050

Level 3, 234 George Street, Sydney NSW 2000

Martin Hill

Mecone

119,780

Level 12, 179 Elizabeth Street, Sydney NSW 2000

Ben Hendriks

Kate Bartlett

Adam Coburn

Peter Dunoon

RPS

97,250

Level 13, 255 Pitt Street, Sydney NSW 2000

William Ross Thompson

Stuart Roberts

Meegan Sullivan

Susan Farr

SGS Planning & Economics

99,470

209/50 Holt Street, Surry Hills NSW 2010

Elizabeth Crouch

Clive Attwater

Julian Szafraniec

Liz Mackeviciu

Andrew McDougall

Peter Galvin

The Centre for International Economics

115,250

11 Lancaster Place, Canberra Airport ACT 2609

Nigel Rajaratnam

Willana Urban

49,500

155 Avoca Street, Randwick NSW 2031

Vicki Shirlaw

Stuart Harding

Rural Lands Study and Strategy, including Scenic and Cultural Landscape Study

Company

Tendered Price ($)

Company Location

Directors

AECOM

134,000

Level 21, 420 George Street, Sydney NSW 2000

Todd Battley

City Plan Strategy & Development

90,420

Suite 6.02, 120 Sussex Street, Sydney NSW 2000

David Ryan

Susan Francis

Juliet Nicholls

Stephen Kerr

Brendan Bennett

Edge Land Planning

129,040

PO Box 3096, Allambie Heights NSW 2100

Ian Sinclair

RPS

212,680

Level 13, 255 Pitt Street, Sydney NSW 2000

William Ross Thompson

Stuart Roberts

Meegan Sullivan

Susan Farr

SGS Planning & Economics

119,049

209/50 Holt Street, Surry Hills NSW 2010

Elizabeth Crouch

Clive Attwater

Julian Szafraniec

Liz Mackeviciu

Andrew McDougall

Peter Galvin

Willana Urban

85,020

155 Avoca Street, Randwick NSW 2031

Vicki Shirlaw

Stuart Harding

St Marys Town Centre Economic Analysis and Development Strategy

Company

Tendered Price ($)

Company Location

Directors

ARUP

155,000

Level 10, 201 Kent Street, Sydney NSW 2000

Bruce Tanner

Justin Madden

Balmoral Group Australia

98,960

Suite 1, Level 5, 210 George Street, Sydney NSW 2000

Valerie Seidel

Chris Ryan

Jennifer Nunn

Greg Sesidel

Better Cities Group

110,000

8 Intrepid Drive, Mermaid Waters, Gold Coast QLD 4218

Dan Barr

Melitta Barr

Ethos Urban

120,000

173 Sussex Street, Surry Hills NSW 2000

Gavin Partridge

Amanda Kenny

Beth McGuinness

Clare Swan

Greg Vann

Hill PDA

57,700

Level 3, 234 George Street, Sydney NSW 2000

Martin Hill

RPS

93,780

Level 13, 255 Pitt Street, Sydney NSW 2000

William Ross Thompson

Stuart Roberts

Meegan Sullivan

Susan Farr

SGS Planning & Economics

97,706

209/50 Holt Street, Surry Hills NSW 2010

Elizabeth Crouch

Clive Attwater

Julian Szafraniec

Liz Mackeviciu

Andrew McDougall

Peter Galvin

Evaluation of the Preferred Tender

An Evaluation Committee was established to consider the tenders and ensure the probity of the evaluation process. The Committee consisted of the City Planning Manager – Natasha Baker, Place Manager – Jeni Pollard, and City Planning Coordinator – Abdul Cheema.

The tenders were assessed against set criteria:

1.   Understanding of requested work

2.   Demonstrated ability

3.   Proposed tasks, works method and program

4.   Staff experience and expertise

5.   Past experience

6.   Value for money

7.   Added value

8.   Timeframe

The following companies were considered the strongest performers against the criteria:

·    Local Housing Strategy: Ethos Urban

·    Rural Lands Study and Strategy, including Scenic and Cultural Landscape Study: City Plan Strategy & Development

·    St Marys Town Centre Economic Analysis and Development Strategy: SGS Planning & Economics

These companies were all considered to demonstrate:

·    The ability to start work immediately and an appropriately resourced project team to complete the work within the required time.

·    An appreciation of Western Sydney’s and Penrith’s opportunities and constraints.

·    A thorough understanding of the contemporary strategic framework, city-shaping infrastructure projects, and the role and function of the required strategy work.

·    An ability to undertake the required work, supported with examples of previous or similar work.

·    Evidence of initial research of the relevant matter to inform their response.

·    Innovative thinking about the new strategic direction including policy interventions, projects, and an evaluation and monitoring framework.

·    The skills, expertise and experience to provide the required strategy.

·    A willingness to work alongside the consultants engaged on other components of the Local Strategic Planning Statement and supporting studies and strategies.

Local Housing Strategy

The Local Housing Strategy is a critical strategy in the Council’s LEP Review and needs to confirm Penrith’s ability to meet short term housing targets, help inform medium term targets, and identify capacity to contribute to longer term targets. It also needs to provide an understanding of the type of homes we need, and where to locate them, for example in new greenfield release areas or in new developments in existing urban areas. To do this a complex series of tasks is required, including:

·    An analysis of the capacity of existing planning controls and urban areas.

·    The investigation of the physical, environmental and servicing constraints of any potential new greenfield release areas.

·    Detailed modelling of future housing supply and demand.

·    Consideration of significant growth and investment around the airport and north-south transport corridors.

Ethos Urban are recommended as the preferred company to undertake this significant piece of work. Ethos Urban’s tender response displayed a strong appreciation of the forecast population growth, changing demographics and pressures on demand for new, diverse and affordable housing. The response also proposed innovative ideas within the scope of the brief to ensure that we work with NSW Government Agencies and service and infrastructure providers in an integrated way to identify locations for growth.

Although Ethos Urban’s tendered price is the second highest at $185,500, it has proposed a project team of 13 consisting of strategic planners, transport and infrastructure specialists, urban design experts, affordable housing specialists, and property economic analysts. The committee considered that a multi-disciplinary team of this size with these skills would be required to complete this critical strategy within the intended 16-week timeframe and that Ethos Urban provided the best overall value.

Rural Lands Study and Strategy, including Scenic and Cultural Landscape Strategy

The Rural Lands Study and Strategy will provide a comprehensive analysis of Penrith’s rural lands and villages and the environmental, social and economic issues affecting these areas. The Scenic and Cultural Landscape Strategy will identify the scenic and cultural landscapes of the City. Together, these documents will set principles for the future growth and management of Penrith’s rural areas.

City Plan Strategy & Development are recommended as the preferred company to undertake this work. The tender response demonstrated a strong understanding of the importance of the future role of the work in managing Penrith’s rural areas. The example of current and recent projects, which align closely with the required work, demonstrated the project team’s expertise and capability. The cost of the work at $90,420 is at the lower end of responses and is considered to represent very good value for the proposed project team of 8 which consists of strategic planners, visual impact specialists, and landscape architects.

St Marys Town Centre Economic Analysis and Development Strategy

The work for St Marys Town Centre will identify the future role and function of this centre in the hierarchy of Sydney’s centres because of the future rail interchange linking the Town Centre to the Western Sydney Airport. The study will include an audit of current and potential commercial floor space, and a modelled forecast of the floor space required to meet the employment objectives set by the NSW Government. The Economic Development Strategy will set principles for encouraging the growth of local businesses and attracting new investment and development in the Town Centre.

SGS Planning & Economics are recommended as the preferred company to undertake this work. The proposed Project Team has considerable experience of the opportunities and constraints within the Town Centre and specialise in modelling the impacts of new/integrated transport infrastructure on development. SGS Planning & Economics previous economic work supporting strategic planning exercises for the Town Centre has been exemplary. The cost of the work at $97,706 is mid-range and is considered to represent very good value for the proposed project team of 10 which consists of strategic planners, economists, architects, and urban designers.

Tender Advisory Group 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 Glenn McCarthy - Governance Manager and Neil Farquharson - Financial Services Manager, were briefed by the Evaluation Committee about the required work and the evaluation process. The TAG noted that the nature of the work to be undertaken to update Council’s LEP requires specialist consultants from a range of disciplines. The TAG also noted that the update of the LEP is being funded through the Western Sydney City Deal and has a two-year timeframe. The TAG considered the recommendations in relation to the tender documents and the evaluation process outlined within this report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Financial Services Manager’s Comment

The assessment of the tenders will include independent reference checks and financial and performance analysis. These checks are currently underway. As the recommended consultants are reputable firms currently undertaking several planning projects for other councils, it is envisaged that these checks will confirm the acceptability of the consultants. Should the independent financial assessments raise any concerns then those matters will be reported back to the Council prior to awarding the contracts otherwise the contracts will be finalised. Council has received funding through the Western City Deal to complete this work, as such no council funds are required.

 

 

Conclusion

The Tender Evaluation Committee recommends that the following companies should be awarded the contract for the respective studies and strategies:

·    Local Housing Strategy: Ethos Urban

·    Rural Lands Study and Strategy, including Scenic and Cultural Landscape Study: City Plan Strategy & Development

·    St Marys Town Centre Economic Analysis and Development Strategy: SGS Planning & Economics

·   

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 18/19-14: Studies and Strategies for Penrith's Local Environmental Plan Review be received.

2.    Ethos Urban be awarded the contract to undertake the Local Housing Strategy for an amount of $185,500 (excluding GST).

3.    City Plan Strategy & Development be awarded the contract to undertake the Rural Lands Study and Strategy, including Scenic and Cultural Landscape Strategy for an amount of $90,420 (excluding GST).

4.    SGS Economics and Planning be awarded the contract to undertake the St Marys Town Centre Economic Analysis and Development Strategy for an amount of $97,706 (excluding GST).

5.    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.  


 

 

 

 

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Outcome 3 - We can get around the City

 

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

3        Acquisition of Council Land by Transport for NSW for Penrith Transport Interchange Northern Concourse Stairs (Part Lot 3012 DP1184498)                                                 19

 

4        Draft Penrith Community Safety Plan 2018-22                                                                26

 

5        Control and Management of the Pioneer Church of England Cemetery in Castlereagh 29

 

6        RFT 18/19-11 Waters Edge Platforms                                                                             32

 

 

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

 

 

3

Acquisition of Council Land by Transport for NSW for Penrith Transport Interchange Northern Concourse Stairs (Part Lot 3012 DP1184498)   

 

Compiled by:               Julie Connell, Property Portfolio Coordinator

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

Use Council's property portfolio to help make our major centres and important community places safe and attractive

      

 

Executive Summary

This report seeks Council’s concurrence to the Compulsory Acquisition by Transport for NSW of part of Lot 3012 DP1184498 for the Penrith Transport Interchange northern concourse stairs.

Background

In 2014 Transport for NSW (TfNSW) commenced discussions with Urban Growth and Council regarding upgrades to the Penrith Transport Interchange.

 

Part of the interchange upgrades involved the construction of a new set of northern stairs located within Lot 3012 DP 1184498 (“subject land”). This land formed part of the proposed northern concourse situated between Lord Sheffield Circuit and the rail corridor that was to be developed by Urban Growth and later transferred to Council at nil cost for open space purposes. A location map is shown in Appendix 1.

 

A Heads of Agreement was proposed setting out how the parties would deal with the matter to ensure construction of all infrastructure could be completed and the future acquisition of the land for the stairs by TfNSW could occur.

 

The works were completed in 2017 and the land subsequently transferred to Council. In accordance with the proposed Heads of Agreement TfNSW has now approached Council to acquire the land on which the station stairs are located. A proposed plan of acquisition shows the area of 202sqm as proposed lot 101 in Appendix 2.

As the land was transferred by Urban Growth to Council for open space, it is classified as Community Land. Council is unable to transact on the property in accordance with the Local Government Act 1993.

Agreement from Council is therefore sought by TfNSW to compulsory acquire the subject land in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 “the Act”.

Transport for NSW will prepare a Deed of Agreement for Council to execute under s 30 of the Act outlining all terms and conditions, including compensation at nil cost given the land was dedicated to Council for the northern concourse.

Accordingly, it is recommended that Council provide concurrence for the compulsory acquisition of the land known as proposed lot 101 for this community purpose.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Acquisition of Council Land by Transport for NSW for Penrith Transport Interchange Northern Concourse Stairs (Part Lot 3012 DP1184498) be received.

2.    Council provide concurrence to the compulsory acquisition as per the terms and conditions listed in the report.

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

 

 

ATTACHMENTS/APPENDICES

1.

Location Plan - Lot 3012 DP1184498

1 Page

Appendix

2.

Proposed Plan of Acquisition

4 Pages

Appendix

  


Ordinary Meeting                                                                                                       26 November 2018

Appendix 1 - Location Plan - Lot 3012 DP1184498

 

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Ordinary Meeting                                                                                                       26 November 2018

Appendix 2 - Proposed Plan of Acquisition

 

 


 


 

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Ordinary Meeting                                                                                         26 November 2018

 

 

 

4

Draft Penrith Community Safety Plan 2018-22   

 

Compiled by:               Allison Kyriakakis, Community Safety Co-ordinator

Olivia Kidon, Community Safety Co-ordinator

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain a Community Safety Plan for the City

      

 

Executive Summary

The draft Penrith Community Safety Plan 2018-22 outlines Council’s commitment to promoting Penrith as a safe and vibrant city, emphasising the importance of a holistic approach to fostering places where people feel safe and well-connected to their community.

 

The draft Plan has been developed following analysis of local crime data and extensive consultation with the community and key stakeholders, including the Nepean Police Area Command. The three (3) key priority areas of the draft Penrith Community Safety Plan 2018-22 are:

 

1.   Public Space Safety

2.   Domestic and Family Violence

3.   Community Cohesion and Resilience

 

The draft Plan was recently placed on a 42-day public exhibition period from 10 September – 24 October 2018 in accordance with the requirements of the Children (Protection and Parental Responsibility) Act 1997. This period has now concluded, with a small number of responses received from the community in support of the plan.

 

This report recommends that the information contained in the report on Draft Penrith Community Safety Plan 2018-22 be received and that Council adopt the plan to guide the strategic delivery of community safety priorities and projects for the next four (4) years. The report further recommends that Council support the submission of the Plan to the New South Wales Department of Justice, seeking formal endorsement as a Safer Community Compact. 

Background

Community Safety is about fostering communities where all individuals live without fear that their lives will be impacted by crime. Community Safety promotes positive engagement with those around us and supports public spaces where all people are welcome.

 

Local councils, being the level of government closest to the community, play an important role in fostering safety. Council is well placed to initiate safety and crime prevention efforts that reduce opportunities for crime through a ‘whole-of-community’ approach. This includes the use of innovative design and management of public spaces, and engagement programs that empower communities to play an active role in fostering safety. Council works with residents, businesses, local police and other State and Federal government agencies to support safe, well-connected communities.

 

Part 4 of the Children (Protection and Parental Responsibility) Act 1997 provides the basis for local councils in New South Wales to take a lead role in implementing local community safety and crime prevention strategies. This legislation is the impetus for councils to develop their own Community Safety Plans.

 

Councils with Community Safety Plans endorsed by the New South Wales Department of Justice are eligible to apply for crime prevention grant funding to assist with the implementation of actions and strategies identified in the Community Safety Plan.

 

Development of the draft Penrith Community Safety Plan 2018-2022

 

The draft Penrith Community Safety Plan 2018-22 has been informed by crime data from local Police and the New South Wales Bureau of Crime Statistics and Research (BOCSAR), in addition to extensive consultation with our community through online surveys, community forums and a range of targeted engagement activities.

 

Community Engagement Activities

 

Consultation for the development of the Plan commenced in late 2017 and ran over an extended period into 2018. The consultation process included promotion of an on-line survey (with over 500 respondents) and 24 targeted consultation sessions with various stakeholder groups via interagencies/community groups, focus groups and listening posts. Three public meetings were advertised and held in Erskine Park, Glenmore Park and Werrington as well as numerous listening posts in shopping centres and close to shops in rural areas.

 

Over 1,000 people from the Penrith community have been consulted throughout this process.

 

The consultations provided a great opportunity to engage with the local people to gauge community perceptions of safety as well as identify specific crime or safety concerns. Common themes were identified through the process, including general concerns for safety in public spaces (e.g. requests for improved lighting, more police presence), and a desire for a greater sense of community connectedness and cohesion (i.e. ‘knowing your neighbours’).

 

In accordance with NSW Government guidelines, a crime profile was also developed providing a summary of local crime statistics for the five (5) year period up until 2017. While crime statistics are generally stable across most crime categories, there have been moderate increases in domestic violence related assault, steal from retail store and fraud. Decreases were reported for break and enter (dwelling), steal from motor vehicle offences and incidents of malicious damage to property.

 

Engagement with Nepean Police Area Command

 

The Community Safety team met with a representative from the Nepean Police Area Command to provide an overview of the consultation processes, crime profile, key themes identified and the priority areas being included in the draft Community Safety Plan.

 

Discussions with Nepean Police Area Command highlight a strong alignment between Council, police and community priorities, with a focus on community connectedness and cohesion as an important indicator of community safety.

 

Further, the high volume of domestic and family violence offences in the Penrith LGA was emphasised, with the recent merge of the Penrith and St Marys LACs resulting in the Nepean PAC being ranked in the top 5 LACs in the state for reported incidents of domestic violence.

 

 

 

Priorities for 2018 – 2022

 

The extensive engagement process has led to the identification of three (3) key priority areas that will guide the delivery of community safety programs over the next four (4) years, as follows:

 

1.   Public Space Safety

2.   Domestic and Family Violence

3.   Community Cohesion and Resilience

 

The Action Plan in the new Community Safety Plan contains strategies under each priority area for delivery by Council and our community partners over the next four (4) years. This includes the implementation of Crime Prevention Through Environmental Design (CPTED) strategies and policy that help to shape safe public spaces; awareness raising programs targeted at the prevention of domestic and family violence; and programs that build community resilience to support safe, well-connected communities.

 

A presentation on the themes of the draft Plan was presented to a Councillor Briefing on 9 April 2018. Positive feedback was received throughout the Briefing and the document was subsequently finalised for placement on public exhibition in September 2018.

 

Next Steps

 

Pending adoption by Council, the Plan will be submitted to the New South Wales Department of Justice seeking endorsement as a ‘Safer Community Compact’. This provides Council with eligibility to apply for New South Wales grant funding programs. 

 

The Community Safety team will be responsible for the implementation, monitoring and ongoing evaluation of the Plan for the next four (4) years. Program effectiveness will be measured using local crime data, levels of community and partner involvement and changes in perceptions of safety.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Penrith Community Safety Plan 2018-22 be received

2.    Council adopt the Plan to guide the strategic delivery of community safety priorities and projects for the next four (4) years;

3.    Council support the submission of the Plan to the New South Wales Department of Justice, seeking formal endorsement as a Safer Community Compact. 

 

 

ATTACHMENTS/APPENDICES

1.

Draft Community Safety Plan 2018-2022

34 Pages

Attachments Included

  


Ordinary Meeting                                                                                         26 November 2018

 

 

 

5

Control and Management of the Pioneer Church of England Cemetery in Castlereagh   

 

Compiled by:               Lynda Lowe, Cemeteries Supervisor

Andrew Robinson, Facilities Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Manage Council's cemeteries

      

 

Executive Summary

In 2009 the Land and Property Management Authority advised that, pursuant to Section 48 of the Local Government Act 1993, Lot 281 Pioneer Church of England Cemetery, Castlereagh (Pioneer Cemetery) was considered as under the care and control of Council. Consequently, Council has maintained and conserved the cemetery. Most recently, Council adopted the Cemeteries Strategy and associated business plan (including asset maintenance and renewal) and has accounted for Pioneer Cemetery being operated by Council into the future.

 

Cemeteries and Crematoria NSW (CCNSW) has written to Council in September 2018 identifying that, as a result of its investigations, the Anglican Church (the Church) has been identified as the ‘cemetery operator’ and bears the responsibility for fulfilling any associated obligations with the Pioneer Cemetery in accordance with the Cemeteries & Crematoria Act 2013.

 

Council Officers have engaged in discussion with the Church and members of the local Parish in regard to this and all parties have agreed that neither the Church, nor the Parish, have the capacity to maintain and conserve the cemetery, and that the ownership title should be transferred to Council.

 

This report recommends that, given maintenance and conservation of the cemetery is included in the existing operations of Council’s Cemeteries Service and, that future business plans and Council’s adopted Cemeteries Strategy have accounted for the operation of the Pioneer Cemetery, Council advise the the Church that it endorses the transfer of the title for Lot 281 Pioneer Church of England Cemetery, Castlereagh, to Council.

Background

Established in 1810 the Pioneer Church of England Cemetery, Castlereagh, has great heritage significance and is one of the oldest post-colonial burial grounds in Australia. In 2009 Council sought clarification from the Land and Property Management Authority as to who the actual owner of the cemetery was, the Church or the Crown.

 

The information received from the Land and Property Management Authority in 2009 was pursuant to the provisions of Section 48 of the Local Government Act 1993, following the repeal of the 1919 Act, the burial ground was considered as continuing to remain under the control of Council. It satisfied the definition of “public reserve” within the meaning of that Act, being a Crown reserve that is dedicated or reserved for the public recreation or for a public cemetery.

 

For the past nine years Council has assumed care and control of Pioneer Cemetery maintaining and conserving the cemetery on a regular basis. A number of monuments within the cemetery have been restored by Council and the cemetery’s future operations have been included in Council’s adopted Cemeteries Strategy and associated business plan.

Council has installed security fencing in an attempt to reduce regular antisocial behaviour around the cemetery and engaged Council’s security firm to open and close the pedestrian gate daily.

 

Current Situation

 

In 2013, CCNSW was established to regulate the cemeteries and crematoria sector in NSW. Since that time, CCNSW have been conducting research into the power to control and manage lands dedicated or reserved for cemeteries but vested in trust for one of the churches.

 

As a result of this research it has been identified that, the Pioneer Church of England Cemetery at Castlereagh, as land vested in trustees for the Anglican Church of Australia (the Anglican Church) comes, under the Anglican Church of Australia Trust Property Act 1917, vested in the Anglican Church, as does the power to control and manage the land. This was because such land falls within an exception contained in s.48 of the Local Government Act 1993, to any transfer of such powers to the Council, by virtue of the Act.

 

Therefore, for the purpose of the Cemeteries & Crematoria Act 2013 the Anglican Church is the ‘cemetery operator’ and bears the responsibility for fulfilling any associated obligations with the Pioneer Cemetery, Castlereagh. Council Officers and the Church were notified of this in September 2018.

 

Council Officers and the Manager, Parish Property Services, Anglican Church, as well as members of the local Parish have subsequently met to discuss the implications of the CCNSW investigations. As advised by CCNSW, the ownership for the cemetery would fall under the local parish church, Christ Church, Church Lane, Castlereagh. The Manager, Parish Property Services, advised the local church does not have the resources or finances to take on care and control of the cemetery and this was agreed by the representatives of the local Parish. As such, it was the recommendation of all parties that, in the best interests of the cemetery, the ownership of Pioneer Cemetery should be transferred to Council at no cost.

 

Conclusion

 

The maintenance and conservation of Lot 281 Pioneer Cemetery, Castlereagh is included in the existing operations of Council’s Cemeteries Service. Council’s adopted Cemeteries Strategy and associated business plans have accounted for the operation of the Pioneer Cemetery, Castlereagh into the future. The transfer of the ownership of the cemetery to Council will therefore ‘clean up’ and formalise an existing arrangement which can be accommodated within existing Council operating capacities and resources.

 

Should Council endorse the transfer of title, the Manager, Parish Property Services, Anglican Church will be notified. The Manager will report to the Anglican Church Property Trust Diocese of Sydney (ACPT) Board, recommending that an Ordinance be promoted to the Standing Committee to authorise the transfer of title to Penrith Council. As a result of this required process, this will not be put to the Standing Committee until the February 2019. Advice will be provided to Council once further information is received from the Anglican Church’s Parish Property Services Manager. During this period Penrith City Council will continue to operate the cemetery.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Control and Management of the Pioneer Church of England Cemetery in Castlereagh be received

2.    Notification be provided to The Manager, Parish Property Services, Anglican Church that arrangements are to be made for the transfer of title to Council for Lot 281, Pioneer Cemetery, Castlereagh, along with the attendant management responsibilities.

3.    A further report be provided to Council, confirming the transfer of title Lot 281, Pioneer Cemetery, Castlereagh.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         26 November 2018

 

 

 

6

RFT 18/19-11 Waters Edge Platforms    

 

Compiled by:               Michael  Shahidi, Project Officer

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Manage the delivery of Council's major capital projects

      

 

Executive Summary

Tender reference 18/19-11 Water’s Edge Platforms was advertised in the Western Weekender on 4 October 2018 and the Sydney Morning Herald on 9 October 2018. The tender closed on 31 October 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Talis Civil Pty Ltd be accepted for the full scope of works outlined in RFT18/19-18/19-11 Water’s Edge Platforms, for a total amount of $203,298.00 (excluding GST). Rates provided in this tender are to form a 3-year contract to construct more platforms as additional funding becomes available.

Background

Penrith City Council has allocated funding for the construction of three (3) Water’s Edge Platforms through section 7.11 Development Contributions and an RMS Boating Now Round 2 grant. This project includes construction of two separate platforms on the banks of Nepean River at Tench Reserve and one platform on the Emu Plains bank, all including access paths and stairs. 

Construction of these three platforms is consistent with the “Our River” Masterplan (2013). These Platforms will provide better access to the River and improve the use of the river.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Matthew Buckley, Major Projects Coordinator, Michael Shahidi, Project Officer and was chaired by Michael Jackson, Design and Projects Manager. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

 

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

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors

Talis Civil Pty Ltd

$203,298

Pendle Hill

Michael Fitzgerald

James Murphy

Land & Marine OE

$281,480

Cammeray

Adam Fitzhenry

Fleetwood Urban Pty Ltd

$326,801

Wetherill Park

Ian Joyce

Roger Joyce

Philip Joyce

 

Tenders submitted mentioned above were evaluated 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 Talis Civil Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money compared to the next on the ranking list in terms of effectiveness and price.  

 

The recommended company, Talis Civil 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. 

 

Schedule of Rates for future platforms

The schedule of rates for construction of future platforms are detailed below in price order (ex GST). 

Rates are to include supervision, overheads, mark-up and full compensation to the Contractor and Sub-Contractors for all costs.

Contractor

Talis Civil Pty Ltd

Land & Marine OE

Fleetwood Urban Pty Ltd

Price ex GST

Price ex GST

Price ex GST

Management overheads / preliminaries per site establishment (if contractor has already demobilised from site).

$20,000

$14,900.00

$9,549

PAD CONCRETE CAST IN (WITHOUT PIERS) OPTION

3.0mx5.2m deck

$53,380

$81,500

$105,103

3.6mx5.2m deck

$58,417

$96,900

$115,928

4.2mx5.2m deck

$62,810

$112,900

$125,748

4.8mx5.2m deck

$65,514

$125,800

$137,838

PIERED CONCRETE CAST IN OPTION

3.0mx5.2m deck

$101,867

$100,200

No price provided

3.6mx5.2m deck

$106,949

$115,600

No price provided

4.2mx5.2m deck

$111,380

$131,600

No price provided

4.8mx5.2m deck

$114,111

$144,500

No price provided

1m bushland access Path construction

$40 per m

$578 per m

$960 per m

1m bushland steps construction

$195 Each

$695 Each

$1,120 Each

2m Access Path construction

$50 per m

$810 per m

$1,102 per m

2m bushland steps construction

$255 Each

$975 Each

$1,268  Each

 

Consistent with their lump sum tender, the schedule of rates proposed by Talis Civil Pty Ltd is highly competitive and is recommended for the three-year contract.

Recommended Tenderer

Talis Civil Pty Ltd is a reputable company in civil construction works. Talis Civil recently completed more than 1km of shared path and all associated works at Tench Ave, and they also have constructed a roundabout and associated works at the Caddens Rd/Bringelly Road intersection.  Their tender responses provided examples of decks and pedestrian bridges relevant to this project.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Royal Contractors. These checks were completed by Equifax Australasia Credit Ratings 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 Talis Civil 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 Brian Steffen - Executive Manager City Assets, Glenn McCarthy - Governance Manager and Neil Farquharson - Financial Services Manager were briefed by the Design & Projects team about the background and the process followed. The TAG considered the recommendations in relation to the tender for the Construction of Waters Edge Platforms noting that the recommended tender is the lowest price and that the company has demonstrated their ability to meet Council’s requirements. 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 Talis Civil Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $203,298 excluding GST. It is also recommended that Talis Civil Pty Ltd be awarded the 3-year contract for the construction of future Waters Edge platforms on the banks of Nepean River based on the schedule of rates provided.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/19-11 Waters Edge Platforms  be received

2.    Talis Civil Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Penrith Street and Sports Field Tree Project for an amount of $203,298 (excluding GST). 

3.    Talis Civil Pty Ltd be awarded the 3-year contract for the construction of future Waters Edge platforms on the banks of Nepean River based on the schedule of rates.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

7        Nepean River Flood Study                                                                                               39

 

8        RFT 17/18-08 Part E - Effluent Collection Services                                                        59

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

 

 

7

Nepean River Flood Study   

 

Compiled by:               Elias Ishak, Senior Engineer Stormwater

Ratnam Thilliyar, Engineering Stormwater Supervisor

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

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

Service Activity

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

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual (April 2005), Council has undertaken a detailed flood study for the Nepean River and its floodplain.

 

The Draft Nepean River Flood Study August 2017 was placed on public exhibition from 15 March to 19 April 2018 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition. The report recommends that the Study be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding issues in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the Policy the management of flood prone land remains the responsibility of councils. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005. The State Government, under its policy, provides technical advice and in some instances financial support to councils to manage their floodplains.

 

The Nepean River Flood Study area covers the section of Nepean River and its floodplain from the Glenbrook Creek confluence upstream of the M4 Motorway in the south to Penrith Council’s local government area boundary in the north at Yarramundi Bridge on Springwood Road, Agnes Banks.

 

The Flood Study was undertaken by Engineering Consultancy firm, Advisian, on behalf of Council, with the technical guidance and financial assistance from the NSW Office of Environment and Heritage. The Study has been overseen by a Technical Working Group comprising members from Council, the consultant and the Office of Environment and Heritage in consultation with the Department of Planning and Environment and the NSW State Emergency Services.

 

The primary objective of this mainstream flood study is to define the flood behaviour under the existing floodplain conditions. The flood study produces information on flood extents, levels, depths, velocities, flows, hydraulic and hazard categories for a range of storm events including the Probable Maximum Flood (PMF). In addition, the study defined and mapped the flood planning area for the study area. As requested by OEH, the study has excluded the lands within the Penrith Lakes Scheme for defining the flood planning area as this is separately being undertaken by the Department of Planning and Environment.

 

Council resolved at its Ordinary Meeting on 26 February 2018 that:

 

“1.  The information contained in the Draft Nepean River Flood Study – Public Exhibition Report, August 2017 be received.

 

2.   The Draft Nepean River Flood Study – Public Exhibition Report, August 2017 be endorsed for public exhibition for a period of no less than 28 days.

 

3.   A further report to be presented to Council on the results of the public exhibition of the Draft Nepean River Flood Study – Public Exhibition Report, August 2017 addressing any submissions received during the exhibition period.”

 

Public Exhibition

The public exhibition of the Study (Volume 1 & Volume 2) was held from 15 March to 19 April 2018. The Flood Study documents were exhibited at the following locations:

 

1.   Council’s website yoursaypenrith.com.au on the “Have Your Say” page.

2.   Penrith Library and Civic Centre Office.

 

A Fact Sheet detailing the exhibition of the Study was prepared and distributed as part of the exhibition process.

 

Various approaches were used to inform the community about the public exhibition of the Study. These include:

 

·    Letters and Fact Sheets sent to all the residents within the PMF Extent (approximately 9,200 letters were sent out);

·    Newspaper advertisements were placed in the local paper “The Western Weekender” on 15 March and 22 March 2018;

·    Council’s webpage was updated to provide details of the exhibition; and

·    Public exhibition details were provided through social media (i.e. twitter);

 

In addition, three community drop-in sessions were held at the following locations to provide the community further access to the Study

 

1.   Castlereagh Hall, Castlereagh – 3 April 2018, 6pm to 8pm;

2.   Lennox Village Shopping Centre, Emu Plains – 4 April 2018, 9am to 3pm; and

3.   Penrith Library (Theatrette Room), Penrith – 5 April 2018, 6pm to 8pm

 

The consultant provided detailed presentations followed by questions and answers at the drop-in sessions on 3 and 5 April 2018.

 

In total, approximately 200 residents attended the community drop-in sessions.

 

Analytical report data from the Council’s website shows that during the public exhibition period, a total of 1,430 viewers accessed the Study documents on-line where 524 downloaded Volume 1 (Text and Appendices) and 824 viewers downloaded Volume 2 (Maps) of the Study.

 

Council received twenty-four (24) written submissions. The submissions are summarised together with Council’s responses below.

 

Submissions

Submissions 1, 2 and 3

Three submissions raised the same issue, and as such, they are summarised together. The writers requested a copy of the letter and factsheet as they have not received the original ones.

 

Response to Submissions 1, 2 and 3

A copy of the letter and fact sheet were resent to each of the addressees. An examination of the mail merging list confirms that the writers are on the list and the letter and fact sheet were originally posted.

 

Submission 4

The writer has not received a letter and factsheet from Council.

 

Response to Submission 4

The writer’s property is located outside the PMF extent and no letter has been sent out to properties outside the PMF extent as they are not flood affected.

 

Submission 5

The writer requested a copy of the letter and factsheet for her recently purchased property.

 

Response to Submission 5

Copies of the letter and factsheet were sent to the new address.

 

Submission 6

The writer requested a hard copy of flood maps for different design storm events relating to their property at Martin Street, Regentville.

 

Response to Submission 6

A hard copy of the flood maps for the different design storm events was provided.

 

Submission 7

The writer queries whether the Study has any impact on the writer’s property at Anakai Drive Jamisontown, and also any threat to conservation in Surveyors Creek as the creek contains much water-based wild life.

 

Response to Submission 7

This Study defines the flooding behaviour of the Nepean River under the existing floodplain conditions for the full range of design storm events. There is no change in the flood notation for the above property from this Study. Further the property is located within the Peach Tree and Lower Surveyors Creeks Catchment Overland Flow Flood Study which Council is currently proceeding. These flood studies in themselves have no impact on the fauna or flora.

 

Submission 8

The writer queries if writer’s property at Holstein Close, Emu Heights is affected by the 1in100year flood from this Study. The writer also raises the following matters:

 

a)   Hard to determine whether the property is within the 100year flood extent by zooming in the map in the report;

 

b)   Some insurance companies will not insure the property due to the flooding affectation; and

 

c)   Want to know if the flood notation will be removed for the property;

 

Response to Submission 8

a)   The writer has been informed that there is currently a s10.7 (formally s149) flood notation applied to the property and no changes are proposed as a result of this Study. Also, the writer has been informed that flood levels will only be issued on applications and no flood level can be issued over the phone. Also, advised the writer that all submissions will be reviewed and reported back to Council for consideration.

 

b)   Insurance companies use their own estimates for flood risk assessment and their own definitions for flooding. These may differ when compared with Council’s information. Individual property owners should make their own enquiries with their insurance companies about how their insurance company classifies flooding (and stormwater), and how this relates to their insurance provisions and premiums. The Study will be publicly available when it is adopted by Council.

 

c)   The flood notation will not be removed as the writer’s property is located within the flood planning area.

 

Submission 9

The writer from Westbank Avenue, Emu Plains states that increase in river flow velocity associated with higher water flow is due to the increase in developments including an impending 30,000 extra homes and huge concrete airport being built upstream. This will have an impact on the residents downstream. Regarding this matter, the writer suggests the followings:

 

a)   Council to review all building development that has an impact on residents downstream with stormwater flows; and

 

b)   A new dam further downstream from Warragamba be built to hold water and control flow speed during impending flood.

 

Response to Submission 9

a)   The new proposed Western Sydney Airport is located in the Badgerys Creek and South Creek catchment and as such its development will not have an impact on the Nepean River floodplain located within the Penrith LGA.

 

Regarding the development in flood affected areas, Council has flood related development controls which are aligned with the State Government’s Floodplain Development Manual 2005 guidelines. The policy aims to reduce the impacts of flooding and to control developments within the flood prone lands.  Council assesses each individual development on its merit to ensure that the development meets Council’s flood planning requirements. 

 

All development proposals will go through Council’s development assessment process and must meet Council’s flood planning requirements.

 

b)   Any flood mitigation options will be considered in the subsequent Floodplain Risk Management Study and Plan.  However, the suggested options are unlikely to be feasible.

 

Submission 10

The writer raises the following matters regarding writer’s property at Mountainview Retirement Village at Mulgoa Road, Penrith:

 

a)    Peach Tree Creek running between Panthers and Mountainview Retreat Retirement Village fills quickly in times of heavy rain as a result the Gross Pollutant Trap and collected rubbish causing a bank up of water. The channel and the "wetland" area behind the Village becomes boggy.

 

b)   Panthers developments is on the floodplain. No further development should be approved on this site due to the risk of 1 in 100 year flooding. It is already designated as a floodplain and the water table appears to be extremely close to the surface. Also given that there is an artificial lake on the property it adds to the risk of high level. The Mountainview Retreat Village together with Hardy's Mountainview Nursing Home and a block of townhouses have only one flood affected access from their properties.

 

Response to Submission 10

a)   Council has a maintenance schedule for all of its gross pollutant traps within the LGA area. In general, cleaning happens after a heavy rain and/or once in every three months. 

 

b)   Council assesses each individual development on a merit basis to ensure that the development meets Council’s flood planning requirements.  All development proposals will go through Council’s development assessment process and must meet Council’s flood planning requirements. 

 

This submission does not raise any concerns related to the Flood Study itself. 

 

Submission 11

The writer wants to purchase or get a boundary adjustment for his property at Troy Street, Emu Plains from adjacent vacant land of the proposed road.

 

Response to Submission 11

This enquiry is not related to this Flood Study. This matter has been referred to Council’s Property Development Section for further investigation and action. The applicant has been contacted by Council’s Property Development Coordinator to answer his request.

 

Submission 12

This submission is from Sydney Water that operates multiple critical assets within the study area. Facilities including seventeen (17) wastewater pumping stations, two (2) drinking water pumping stations and the Penrith wastewater treatment plant. Sydney Water indicated that the outputs from this study could be used for its future planning activities to ensure their assets are resilience to flooding.

 

Minor comment regarding applying the same colour gradients used in the flood depths in volume 1 (Figures 38, 45 and 47) to the maps in volume 2.

 

 

Response to Submission 12

Once the flood study is adopted by Council the Study documents including the flood model data and results are available to the State Government agencies for their use.

 

A consistency in colour gradients across all the results is used for all maps in Volume 2 including flood depths.

 

Submission 13

The writer of Tench Avenue, Jamisontown raised concerns about “Flood Behavior Penrith and Jamisontown” section and Figure 44 in Volume 1 of the draft report. The writer raises the following comments:

 

·    Lack of adequate labelling on the figure to clearly identify what flood event estimate. Viewing Figure 44, do not know what flood event estimate the diagram is attempting to disclose. i.e. 1 in 50-year, 100-year, 200-year or something else.

·    Figure 44 which shows a part of the flooding is quite serious and the reader should not be left guessing. The figure should on a stand-alone basis have enough detail for the reader to make an informed decision.

·    All components of the report need to be more specific and accurate as it may cause excessive anxiety to residents living in the possible flood affected areas as their property value go down and the insurance companies increase their premiums.

·    The writer suggests that Figure 44 should:

Be clearly labelled as to what event it is describing; or

Contains enough detail to be self-evident to the reader. For example, to contrast, the figure (Volume One page 68) "Figure 43 -Emu Plains residential area flood related characteristics" does contain enough data for the reader to make an informed decision on what it is all about.

 

Response to Submission 13

This submission relates to Section 9.1.2 “Flood Behaviour Penrith and Jamisontown” and in particular to Figure 44 of Volume 1 of the draft report.

 

Figure 44 shows the characteristics of the flood behaviour in Jamisontown area, whereby initial inundation is caused by Nepean River water backing up Peach Tree Creek combined with a small amount of flow through the M4 culverts. Subsequent inundation is caused by the Nepean River overtopping its banks when the flood is large enough to do so.

 

The purpose of Figure 44 is to describe a flooding situation and is not meant to define the extent of any specific flood event. Figure 44 demonstrates the flooding mechanism particular to this area. Floods in excess of the 1% Annual Exceedance Probability (AEP) will lead to the behaviour as described in Volume 1 page 70 third (3rd) paragraph.

 

Likewise, Figure 43 shows initial inundation once Knapsack Creek has overtopped its banks (green area) followed by inundation of the area once the river banks have overtopped into Emu Plains along the length between the M4 and Victoria Bridges (blue area).

 

The relevant maps in Volume 2 are for specific design flood events.

 

Submission 14

The submission is from the NSW Government’s Office of Environment and Heritage advising that OEH will continue to be involved as a partner with Council on this project through the Floodplain Risk Management Study.  OEH does not raised any comments on the Study.

 

 

Response to Submission 14

OEH is one of the key stakeholders overseeing this Study. Council will continue to work closely with OEH throughout its floodplain management program.

 

Submission 15

The writer who lived in Cary Street Emu Plains is concerned about the growing trees along the Nepean River banks that causing flooding under Nepean Street bridge.

 

Response to Submission 15

This submission is not related to the Flood Study. The matter regarding the trees on the banks has been referred to Council’s City Presentation Section for further investigation and action.

 

Submission 16

The writer of Barracks Street Emu Plains raises the following comments:

 

a)   The flood study information should be in an accessible format to vision impaired people.

 

b)   The flood issues are of such a great concern, why Council keeps encouraging growth in the valley.

 

c)   The Badgerys Creek Airport development will increase the population growth, which then increase access issues on an everyday basis, particularly in an emergency.

 

d)   Asked whether the building a dam wall the only solution is to address the flooding.

 

e)   Asked that what measures are in place for evacuation of frail and aged people with disabilities, particularly people who live alone, don’t drive or don’t have mobile phones. There needs to be a sensible way to communicate prior to disaster happening.

 

f)    Greater community feedback would have been possible if there was more time at each venue.

 

Response to Submission 16

a)   Council attempts to meet WCAG 2.0 (AA) online accessibility requirements as far as possible for all its online documents. In relation to the flood study documents, it is the nature of these documents that there will remain some accessibility issues. Particularly Volume 2 of the report (maps) and figures associated with multi geographical layers, legends, scale and colour gradients. And as such it is impossible to make Volume 2 meet online accessibility requirements.

 

b)   Council assesses each individual development on its merit to ensure that the development meets Council’s flood planning requirements. All development proposals will go through Council’s development assessment process and must meet Council’s flood planning requirements.

 

c)   The Badgerys Creek Airport development is in a different catchment. The traffic and transportation matters will be addressed by the State and Commonwealth Governments.

 

d)   Raising the Warragamba Dam wall for flood mitigation purposes is being assessed in more detail as part of a separate study undertaken by the State Government to address the regional Hawkesbury-Nepean Valley flooding.

 

e)   The purpose of the Study is to define the flooding behaviour under the existing floodplain condition. Flood mitigation options including evacuation plan will be investigated in the subsequent Floodplain Risk Management Study and Plan. 

 

This Flood Study (itself) does not investigate any flood management solutions. However, the SES are provided with detailed information to support their emergency planning.

 

f)    The aim of the drop-in sessions was to provide answers and clarifications to public questions.  The sessions were active including the consultant presentation with many public questions answered by Council staff and the consultant.  Base on community feedback, it was found that the number of sessions and associated time allocated for each drop-in sessions were found to be sensible and adequate. For the future drop-in sessions if required more time will be allocated.

 

Submission 17

The writer raised development matters in relation to a property along Martin Street Mulgoa. The writer also requests an amendment to the DCP to allow residential dwelling development on the land and to remove the flood related development control from the property.

 

Response to Submission 17

The submission is not raising any concern about this Flood Study (itself). The property is currently coded with a flood notation. Flood notations to properties within flood planning area will be updated if required.  The submission has also been referred to Council’s Development Section for action.

 

Submission 18

The writer of Ellison Place Emu Plains suggests the followings:

 

·    There should be a single person appointed to oversee and give directions in time of flood risk in our Nepean Valley, if such an officer does not already exist.  This person should have authority to direct all Emergency Services at such times.  This person should also have authority to direct Sydney Water to release water from Warragamba Dam at times of flood risk, even if the risk is from rising waters emanating from Goulburn and South Coast areas that are not yet at the dam wall. In the past Sydney Water refused to allow water to be released from the dam on the basis that it is for water supply only and cannot be used for flood mitigation purpose. This was caused issues for Nepean Valley residents in the past;

 

·    Existing weir downstream from the Victoria Bridge should be replaced with a mechanical weir that can quickly lower the river level at times of flood risk by up to three (3) meters, prior to the arrival of flow from the Warragamba Dam, (and artificially raise the river level at other times if required);

 

·    Install facilities to pump water into Penrith Lakes scheme when the flood risk is only from dam flow (following a large influx of water at the dam wall from the South Coast rather than from heavy local rain) to ease pressure on the Nepean River and allow a more orderly escape of water; and

 

·    Widening of the Nepean River banks north of the Emu Plains Correctional Centre to allow a smoother flow and escape of built up river flow.

 

Response to Submission 18

The NSW State Emergency Services (SES) is the state agency responsible for emergency management during flooding, and Council if required provides support to SES through Council’s Local Emergency Management Officer who acts as the liaison between the local emergency services and co-ordinates Council’s planning and response to emergencies.

 

A comprehensive suite of flood mitigation options will be considered in the subsequent Floodplain Risk Management Study and Plan for investigations. However, issues such as Warragamba Dam and widening of the river are not considered options at this stage for Council to address.

 

The submission does not raise any concern about this Flood Study itself. 

 

Submission 19

The writer raises the followings concerns:

 

·    Opposing any flood mitigation works that involve increasing the height of the Warragamba Dam wall because it would compromise the values of the World Heritage Area while understanding that several wild lives would suffer from inundation to a completely unacceptable degree;

 

·    Continued substantial development on the floodplain cannot be justified.  Climate change impacts of more frequent and more severe weather events make such development hazardous and disastrous at worst. It is imperative that this study identifies developable land that is known to be non-flood prone.

 

·    It is not possible to design mitigation works that make flood prone land safe from unacceptable risk, particularly in the study area as defined.  The writer indicated that the history has lessons for us here, in this district, that we overlook to our peril. The writer further referenced to the Lockyer Valley events of recent memory also serve as a stark warning to both communities and land administrators of the deadly dangers arising from the lethal combination of human error and extreme natural forces.

 

·    The writer mentioned that an unacceptable risk is precisely unacceptable. The writers are strongly objecting the idea that any kind of money spent in defending against the floods in this area. The writer indicates that the past experience shows more people knowingly are placed in harm's way.

 

Response to Submission 19

·    The writer is referring to the Hawkesbury-Nepean Valley Flood Risk Management Strategy Study currently undertaken by the NSW Government (i.e. Infrastructure NSW) to address regional flooding within the Valley. Part of the State Government’s strategy is to investigate the raising of Warragamba Dam for Flood Mitigation purpose. The writer was advised to submit their comments to the NSW Government.

 

·    Council assesses each individual development on its merit to ensure that the development meets Council’s flood planning requirements. Council’s flood liable lands policy, which is aligned with the State Government’s Floodplain Development Manual 2005 guidelines, aims to reduce the impacts of flooding and to control developments within the flood prone lands. All development proposals will go through Council’s development assessment process and must meet Council’s flood planning requirements.

 

·    The submission does not raise any question about the integrity of the flood study results.

 

Submission 20

The writer provides a narrative of floods experienced near his property along River Road Emu Plains since 1964. Three questions are raised regarding the extent of flooding and the rainfall required to deliver these floods:

 

a)   The amount of ground covered by the flood waters at the beginning of the gorge for each flood level. What is the anticipated drainage of this water.

b)   The amount of ground covered by the flood waters below the M4 Bridge for each flood level. What is the anticipated drainage of this water.

c)   The amount of rain and the rate that would be required in the catchment area to be able to build up to these levels.

 

Response to Submission 20

Council staff met with the writer on 24 May 2018 and clarified his concerns and comments and provided appropriate answers.  The writer was given the opportunity to have a second look on the study documents and ask questions. Based on the discussions, all the questions were answered as follows:

 

a)   This task is outside the scope of works for this Flood Study. However, based on various flood studies along the Nepean River, the afflux in Nepean River flood levels between Wallacia Village and the Gorge creates sufficient influx and energy for the flood wave to travel downstream through the river channel;

 

b)   Inundation and flood level maps for the different design storm events are available in Volume 2 from MAP 008 to MAP 023. These maps cover the Nepean River and its floodplain from Glenbrook Creek confluence south to Yarramundi Bridge north.  The writer is referred to these figures to appreciate the amount of ground covered by the water below the M4 Bridge for the different flood levels;

 

c)   The Nepean River has a large catchment and the hydrologic modelling was outside the scope of this Study. The inflow hydrographs used in the Study are based on the extensive regional flood study investigations undertaken by Sydney Water Corporation as part of the initial assessment for raising Warragamba Dam in mid-1990’s.  This approach is adopted in consultation with various State Government agencies including OEH, SES, DoPE and INSW. Figure 16 in Volume 1 at page 30 displays the inflow hydrographs for the different design storm events used in the Flood Study.

 

The submission does not raise any question about the integrity of the flood study results rather asked for clarifications.

 

 

 

Submission 21

This submission is from the energy supply company Endeavour Energy regarding its owned properties within the study area including:

 

·    Lot 4 DP 595931, No. 115-125 Andrews Road Cranebrook NSW 2749;

·    Lot 15 DP 1010955, No. 96-120 Blaikie Road Jamisontown NSW 2750;

·    Lot 5 DP 1017480, No. 2235-2249 Castlereagh Road Penrith NSW 2750;

·    Lot 13 DP 599349, No. 449a High Street Penrith NSW 2750; and

·    Lot 10 DP 865951, No. 162-168 Russell Street Emu Plains NSW 2750;

 

Endeavour Energy acknowledge that there is significant electrical infrastructure within the Flood Study area.  The submission describes infrastructure for each electrical facility with its role along with the facility classification from electricity distribution perspective. The submission acknowledged that:

·    The substation site at 115-125 Andrews Road is potentially affected by flood water;

·    The site at 96-120 Blaikie Road Jamisontown is considered as Endeavour Energy’s Penrith Field Services Centre. The electricity easement and an egress route to the east of Mulgoa Road via rural residential dwellings should be retain on the site;

·    The substation at 2235-2249 Castlereagh Road Penrith is partially affected by the 100year flood;

·    The substation site at 449a High Street Penrith is partially affected by the 100year flood; and

·    The substation site at 162-168 Russell Street Emu Plains is potentially entirely affected by flood;

 

Endeavour Energy provided this information as a general overview of the potential impacts of flood waters on their electricity infrastructure in the Nepean River Flood Study Area.  This information will provide Council with an understanding of the potential matters affecting the electricity infrastructure that should be addressed after the completion of the Study.

 

Response to Submission 21

Endeavour Energy acknowledged that some of its facilities are within the flood affected area.   Flood protection measures for the above electricity supply sites will need to be considered by Endeavour Energy to protect their sites. Once the flood study is adopted by Council the Study documents including the flood model data and results will be available to Endeavour Energy for their use.

 

The submission does not raise any issues with the Flood Study. 

 

Submission 22

This submission refers to an anomaly in the location of culverts under the M4 Motorway embankment at Jamisontown.

 

The location of the culvert that connects through the M4 embankment and onto 90A Tench Avenue is incorrectly located in the flood model. This culvert should be located approximately 170m to the east, adjacent to a culvert that connects to 90B Tench Avenue. That is, two culverts connect through to 90B Tench Avenue draining across Blakie Road and connecting to Surveyors Creek.

 

Response to Submission 22

A detailed review of the submission followed by a site visit and a detailed survey was undertaken to clarify this matter. The review concluded that there was a small inconsistency with the culvert location. The Consultant was asked to rectify the flood study model and placing the culvert in the correct location within the Flood Study model. The Flood Study model was then re-run for all the design storm events. All the relevant maps in Volume 2 (Maps) i.e. MAP 005_A, MAP 010_A, MAP 018_A, MAP 026_A and MAP 034_A are updated to reflect the change in the culvert location. There is no change in the report text in Volume 1.

 

Submission 23

This submission is from Penrith Lakes Development Corporation (PLDC) and present a covering letter with a summary of the findings from two flood modelling experts that have been involved in assisting PLDC.

 

Key issues raised relate to the digital elevation model (DEM) used in the Flood Study for the areas under the control of PLDC. The submission made references to the ‘Alignment Model’, the incorrect lake operating levels, and inaccuracies in the flood infrastructure that have been already constructed by the PLDC.

 

The first expert report was prepared by Mr Tony McAllister a consultant from Water Technology. The report highlights the issues with the Wildlife Lake control weir crest elevation, the Main Lakes ‘A’ & ‘B’ operating levels, Manning’s roughness values used for the lakes, and the Duralia floodway.

 

The second report was prepared by Dr Brett Phillips a consultant from Cardno. The report highlights the differences in flood and drainage infrastructure and flood levels compared to the WMP2012 report. He also queries the relevance of the ‘Alignment Model’.

 

The submission indicated that the Penrith Lakes area was modelled using the 2016 LiDAR that includes a significant amount of clear detail. However, it did not pick up the narrow vertical wall in the Wildlife Lake weir structure.

 

Both reports from the above consultants suggest that the Flood Study model should be updated to correct inconsistencies and be made reference to proposed finished landforms and structures that PLDC are willing to provide under a data licence agreement.

 

Response to Submission 23

Council agrees that there are anomalies in the operating water levels (OWL) for certain lakes and the crest height of Wildlife Lake Weir used in the Flood Study.  The Consultant has now used the correct levels and rectified the flood study model.  The Table below shows the changes undertaken in the flood model for the OWL and Wildlife Weir crest height.

 

Lake Name

 

Operating Water Levels

Used in the Study
(m AHD)

Corrected
Operating Water Levels
(m AHD)

Lake A

13.5

14

Lake B

12

13.5

Wildlife Lake

10

10

Duralia Lake

17

18

Quarantine Lake

15

15

Regatta Lake

15

15

North Pond

15

16.5

 

Wildlife Weir Crest Height

 

Crest Height used in the Study
(m AHD)

Corrected Crest Height
(m AHD)

14

16

Table 1: Lakes Operating Water Levels

 

The Flood Study model was then re-run for all the design storm events and results are now updated. The study documents including Volume 1 and 2 are also amended to show the corrected results.  Amendments relevant to this submission are:

 

·    Volume 1 Section 5.2 page 19 and Section 5.11 page 25

·    All the related design flood maps in Volume 2

 

The amended results show that impact of corrected lakes OWL on the flooding behaviour and flood levels are negligible. However, the 1%AEP flood level at Cranebrook Village was increased marginally (within acceptable limits).

 

Submission 24

The writer raises concerns that their Council rates will go up as a result that all the resources and time spent to prepare the flood study.

 

Response to Submission 24

The comments made are not relevant to the Flood Study. Council has a long term commitment to resources and funding associated with our floodplain management program. Studies across our LGA attract grant funding from the State Government (OEH).

 

 

Hawkesbury-Nepean Valley Regional Flood Study Impact on Downstream Mapping

 

In parallel to Council’s Flood Study the State Government’s Infrastructure NSW is preparing a Regional Flood Study for the Hawkesbury-Nepean Valley. The Hawkesbury – Nepean Regional Flood Study (HNRFS) covers the Hawkesbury-Nepean Valley from Warragamba to Brooklyn Bridge. During the flood study preparation, Council held regular meetings with INSW. The HNRFS covers larger areas of the valley however their modelling is of a course nature based on a previously used hydraulic model with an updated hydrologic model.

 

The backwater conditions within the Windsor-Richmond basin located downstream have an effect on the flood levels for events greater than 0.2%AEP (i.e. 1 in 500 year Average Recurrence Interval (ARI)).  Council in consultation with OEH and INSW considered the effects of the Windsor-Richmond basin backwater levels on the Nepean River lower reaches and identified the additional mapping required. These changes were incorporated as a modification to Council flood model results by mapping the peak flood levels at Yarramundi Bridge in the lower Nepean River reaches for the flood events greater than 0.2%AEP (i.e. 1 in 500 year ARI).

 

Section 5.15.2 of the report is updated with additional commentary explaining the procedures used to update the downstream mapping. Maps in Volume 2 are also updated. The impact of the regional flood study mapping for the PMF design storm events is ceased at Castlereagh Road. The impact of the regional flood study on the area east of Castlereagh Road will be informed by the Hawkesbury-Nepean Valley Regional Flood Study results.

 

As a result of additional mapping exercise, based on the Hawkesbury – Nepean Regional Flood Study results, ten additional properties in Agnes Banks are now included within the PMF flood extent.  Regarding the flood study and its public exhibition Council wrote to all property owners within the PMF flood extent. As these ten properties are additional, they were not on the list of properties to those Council sent information package regarding the flood study and the public exhibition.  It is therefore recommended to advise these ten property owners in Agnes Banks about the Nepean River Flood Study and its relationship to their property.

 

Amendments

 

The amendments made to the study documents are listed (summarised) in the “Schedule of Amendments included as Attachment No. 1.

 

Future Flood Planning Levels

Once the Nepean River Flood Study 2018 is adopted by Council all future flood planning activities within Nepean River Flood Study area will be based on the results of this Flood Study.  All flood study results (flood levels and flood extents) based on previously used flood information will be superseded by the results of the Nepean River Flood Study 2018.

 

As detailed in the previous report presented to Council at the Ordinary Meeting on 26 February 2018, the flood planning area is defined as the 1%AEP level plus 0.5m freeboard. 

 

The flood behaviour analysis found that in two areas where flood risk is rapidly increasing during higher flood events such as the 0.5%AEP (i.e. 200 year ARI) flood event when compared with the 1%AEP flood event.  These two areas are:

·    Emu Plains between the Great Western Highway and the Railway Embankment (Shown on Appendix 2); and

·    The Cranebrook Village (Shown on Appendix 3) which are relic Nepean River floodway’s that are inundated in the 1%AEP Nepean River flood.

 

In recognition of the inherent risk to lives and properties in these two areas, an alternate approach to establish the flood planning level is required.

 

It is proposed to adopt interim flood planning levels in both areas until a detail review is undertaken during the preparation of Floodplain Risk Management Study and Plan.  The recommended flood planning levels are:

 

·    26.5 metres AHD (1% Annual Exceedance Probability flood level plus 0.5 metres freeboard) for the area in Emu Plains identified in Appendix 2 (area between the Great Western Highway and the Railway Embankment)

·    1% Annual Exceedance Probability flood level plus 1.0 metres freeboard for the areas of Cranebrook identified in Appendix 3.  This is consistent with the State Government approach where a freeboard of 1.0m is applied for establishing flood planning levels within the Penrith Lakes Scheme (SEPP 1989, Part 6 Clause 33, Part 1 Clause 5).

This approach was discussed and agreed by the Technical Working Group and supported by the Floodplain Risk Management Committee; and detailed in the report presented to Council on 26 February 2018.

 

s10.7 Flood Planning Notations

With the adoption of the Nepean River Flood Study 2018, the s10.7 (formally s149) flood planning notations need to be updated for all the properties affected by the flood planning area. In total 3924 properties are identified requiring the application of s10.7 flood planning notations.

 

Of the 3,924 properties Council has already applied s10.7(2) flood planning notations to 3,728 properties based on various, previously completed, flood studies and investigations including the Nepean River RUBICON Flood Modelling, 1994 prepared by the Department of Water Board and Studies. The completion of the Nepean River Flood Study therefore requires the updating of flood planning notations for 186 additional properties.

 

In consultation with Council’s Planning and Legal Departments the application of s10.7 flood planning notations for those 186 properties have already been completed when the Nepean River Flood Study was placed on public exhibition.

 

Floodplain Risk Management Study and Plan

 

The next stage of the floodplain risk management process is to undertake a Floodplain Risk Management Study and develop a Floodplain Risk Management Plan for the Nepean River to address the flood risks identified in the Flood Study.  For this purpose, Council secured a grant funding of $340,000 under the NSW Government’s 2017/18 Floodplain Management Program.

 

The Nepean River Floodplain Risk Management Study and Plan has recently commenced, and Council appointed engineering consultants Advisian Pty Ltd to undertake the Study.

 

Conclusion

The Nepean River Flood Study Exhibition Draft Report August 2017 was exhibited for public comment from 15 March to 19 April 2018. Twenty-Four (24) submissions were received. Summary of the submissions and responses are detailed in the body of this report. The majority of the submissions raised clarifications at a local level but generally raised no objection to the results of the Flood Study.  Two submissions (Submissions 22 & 23) raised concerns regarding the data used for the flood modelling. The consultant has addressed all the issues raised by rectifying the flood model and re-run all the design flood events. The exhibited flood study report is now amended to reflect the changes undertaken in the flood model. The proposed amendments to the exhibited Nepean River Flood Study Draft Report August 2017 are listed in the “Schedule of Amendments” included as Appendix 1. The amended Flood Study is now titled as “Nepean River Flood Study, Final Report, dated 12 November 2018”

 

The amendments made to the Flood Study documents are of very minimal nature such as trimming of study maps to Council LGA boundaries. The amended results show that the differences of the flooding behaviour and flood levels are negligible for all design events. 

 

Overall, the amendments made to the study documents are considered of a minor nature and hence of negligible impact on the Study.   

 

The Nepean River Flood Study Final Report November 2018 (Flood Study Report Volume 1 & Volume 2 are made available to Councillors and will be made available to the public on Council’s webpage) is now recommended for the consideration by Council for formal adoption.

 

The Nepean River Flood Study Final Report November 2018 has been completed in accordance with the NSW Government’s Floodplain Development Manual. The Study provides the most accurate and contemporary flood information to assist Council to meet its floodplain management obligations. It is recommended that the Nepean River Flood Study Final Report November 2018 be adopted.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on the Nepean River Flood Study be received.

2.    Council adopt the Nepean River Flood Study Final Report dated 12 November 2018.

3.    Council adopt an interim flood planning level:

a.   of 26.5 metres AHD (1% Annual Exceedance Probability flood level plus 0.5 metres freeboard) for the area in Emu Plains identified in Appendix 2.

b.   of 1% Annual Exceedance Probability flood level plus 1.0 metres freeboard for the areas of Cranebrook identified in Appendix 3.

4.    The Nepean River Flood Study Final Report dated 12 November 2018 be published and made available on Council’s website.

5.    Council write to those who made submissions advising of Council’s resolution.

6.    Council write to owners of the ten (10) properties in Agnes Banks located east of Castlereagh Road with advice on the Nepean River Flood Study.

7.    Council write to relevant State and Federal Members of Parliament advising them of the adoption of the Nepean River Flood Study and thanking them for their continued support of Council’s Floodplain Management Program.

 

 

ATTACHMENTS/APPENDICES

1.

Nepean River Flood Study Final Report - Schedule of Amendements

2 Pages

Appendix

2.

Nepean River Flood Study-Interim Flood Planning Area-Emu Plains Area

1 Page

Appendix

3.

Nepean River Flood Study-Interim Floodplain Area-Cranebook Village

1 Page

Appendix

  


Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          26 November 2018

Appendix 1 - Nepean River Flood Study Final Report - Schedule of Amendements

 

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Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          26 November 2018

Appendix 2 - Nepean River Flood Study-Interim Flood Planning Area-Emu Plains Area

 

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Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          26 November 2018

Appendix 3 - Nepean River Flood Study-Interim Floodplain Area-Cranebook Village

 

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Ordinary Meeting                                                                                         26 November 2018

 

 

 

8

RFT 17/18-08 Part E - Effluent Collection Services   

 

Compiled by:               Tracy Chalk, Waste and Resource Recovery Manager

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

 

Outcome

We care for our environment

Strategy

Support our community to use resources wisely

Service Activity

Manage resource recovery and waste collection services

 

Previous Items:           RFT17/18-07 (Waste and Resource Collection Services) and RFT 17/18-08 (Waste and Resource Processing/Disposal Services) Recommendation Report - Ordinary Meeting - 25 Jun 2018    

 

Executive Summary

In November 2017, Council invited tenders through a public tender process for the waste disposal and processing services to commence on 1 July 2019 (RFT17/18-08).

With regard to Effluent Collection Services Council resolved:

 

“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.”

 

Service providers for effluent collection were reviewed and following initial evaluation negotiations were undertaken with Council’s current contractor Remondis Australia Pty Ltd (Remondis) and Hawkesbury City Council’s current contractor Staples Brothers (Nowra) Pty Ltd, trading as Premier Pumpouts (Staples).

 

This report will provide the details of each offer and recommend the successful candidate following a further evaluation process. Staples Brothers (Nowra) Pty Ltd, trading as Premier Pump outs, is the recommended service provider for Effluent Collection.


 

 

Background

 

The effluent contract is the lowest value of the suite of Waste and Resource Recovery Contracts.  Remondis is the current effluent collection contractor for Council. Disposal of the collected waste is at the Castlereagh Road Depot Penrith. Council holds a Trade Waste Agreement with Sydney Water for this Disposal Point and regular testing of effluent is conducted and reported to Sydney Water.

 

Current service profile

 

Council’s current contract is serviced by Remondis.  The current Contract Price: Residential: $22.80 and Commercial: $32.80.  Properties serviced include:

 

·    Residential: 32 properties (Cranebrook, Luddenham, Londonderry, Mulgoa, Orchard Hills, St Marys, Wallacia, Werrington)

·    Council Property (Civic): 18 properties

·    Commercial: 26 commercial properties (invoiced directly by Remondis)

 

Proposal

 

The contract term is proposed for a 10-year term in alignment with the other Waste and Resource Recovery Contracts, resolved by Council at the 25 June 2018 Ordinary Meeting. Non-price criteria and price was used for evaluation. Non-price criteria included:

 

·    Conformity

·    Confidence in the Tenderer

·    Environmental Performance

·    Facility

·    Innovation

 

Discussion

 

In accordance with Council’s resolution, other effluent contractors were sought.  Following assessment, two companies – Remondis and Staples were identified as suitable for further negotiation.

 

The opportunity for a joint effluent contract under the Regional Strategic Alliance has been explored. Upon approach, Hawkesbury expressed no current interest in a joint Waste Contract; however, forwarded Penrith’s request to their Effluent Collection Contractor, Staples.  

 

Staples have been the contractor for effluent collection with Hawkesbury Council for five years and their service is well referenced by Hawkesbury City Council officers.  Staples also service Shoalhaven and Northern Beaches, with private collection contracts in Hills Shire and Hornsby.

 

Previously, some confusion was expressed by contractors as to the disposal point and the bids were difficult to compare.

 

Two bids have now been provided to Council after Council’s resolution of 25 June 2018.  These are from Remondis and Staples.  They are based on the conditions of contract as set out in the original tender.

 

1.   Remondis:        $25.00 per 1,000 Litres

2.   Staples:             per 1,000 Litres (under 2,500L): $25.00 with a minimum charge of
                         $60.00 Price per 1,000 Litres (over 2,500L): $19.00

 

It is considered both firms can adequately provide the service.

 

To assess these prices, each bid was applied to the previous 12-month period of data.  The costs below are only indicative of the collection component.

 

Bid

Residential

Council Property (Civic)

Commercial

Remondis

$126,950

$17,836

$53,146

Staples

$100,296

$16,102

$49,828

Remondis (Current Contract)

$116,320

$22,470

$68,758

 

The fees and charges set by Council for 2018-19 and estimates for 2019-20 based on Remondis and Staples bids are also provided.  The estimates below include the collection, disposal, maintenance and administration costs.

 

 

2018-19 Effluent Charges

Estimate using Remondis bid

Estimate using Staples bid*

Residential Weekly pump out

$1492.00 per annum

$1,560

$1,425

Residential Fortnightly pump out

$746.00 per annum

$780

$712

Residential Additional pump out

$29.00 per annum

$30

$60

Commercial Effluent Removal

$3.20 per 100 Litres

($32.00 per 1000 Litres)

$2.50

$2.20

Mixed Domestic / Commercial Effluent Removal

$2.80 per 100 Litres ($28.00 per 1000 Litres)

$2.80

$2.20

 

Cost impact for fees

 

The current structure allows for a residential service, which is either a weekly or fortnightly service with the option for additional pump outs on call.  The fees are not calculated by volume, but on a per service basis.  The additional pump outs are also a set charge.

 

The fee structure set by Council is to encourage good practice;  i.e., to deter residents from pumping excess effluent into the environment to reduce costs.  In the same way, additional pump out fees are not charged per litre and are a set fee for service.

 

The following table shows the cost scenario using the bids provided.


 

 

Per Annum Cost

2018-19 Effluent Charges

Estimate using Remondis bid

Estimate using Staples bid

Household with a Weekly pump out, needing an additional 2 pump outs (during the year)

$1492 + $29 + $29

Total = $1,550

$1,560 + $30 + $30

Total = $1,620

$1,425 + $60 + $60

Total = $1,545

Household with a Fortnightly pump out needing an additional 2 pump outs (during the year)

$746 + $29 + $29

Total = $804

$780 + $30 + $30

Total = $840

$712 + $60 + $60

Total = $832

 

It is important that additional pump outs remain accessible and affordable to ensure households continue to use this service in lieu of allowing discharge to the environment.

 

Staples provide an emergency call out service or within 24 hours of request.  The cost is $195 for the emergency service and $60 for the 24 hour service.

 

Evaluation Committee Recommendation

 

Previously, each Part of the Processing Tenders were examined with reference to agreed criteria.  These criteria were refined to consider the following:

 

·    Confidence in the Tenderer

·    Environmental Performance

·    Facility/Plant

 

The evaluation process has been subject to probity requirements and reference checks have also been conducted.

 

The Evaluation Committee has recommended Staples Brothers Nowra, trading as Premier Pump outs, as the successful service provider.

 

Financial Services Manager’s Comment

 

It is noted that Staples is the recommended contractor, with projections based on historical data indicating modest savings are probable. A 10 year contract gives certainty of price with CPI adjustments and it is anticipated that the proposed contract pricing will result in consistency for all users of the effluent collection service. These costs will be reflected in Council’s 2019-20 Operational Plan including Fees & Charges, as Effluent is a cost recoverable charge.

 

Conclusion

 

The determination of the effluent collection contract completes collection contract requirements for 2019-2029. 

 

The Evaluation Committee has recommended Staples Brothers (Nowra) Pty Ltd, trading as Premier Pump outs, as the successful service provider.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 17/18-08 Part E - Effluent Collection Services be received

2.    Council accept the bid from Staples Brothers (Nowra) Pty Ltd, trading as Premier Pump outs.

3.    Council authorise the Waste & Resource Recovery Manager and Chief Governance Officer to finalise the terms of contract.

4.    The Common Seal of the Council of the City of Penrith be affixed to all necessary documentation.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

9        NSW Government's ICC World T20 2020 Cricket Legacy Fund                                     67

 

10      NSW Government's 2018 Community Building Partnership Program                            71

 

11      RFT 18/19-09 Kingsway Amenities Building                                                                   80

 

12      RFT 18/19-13 Penrith Street and Sportsfield Tree Project                                              84

 

13      RFT 18/19-04 Construction of Play and Recreational Facilities in Sienna Gardens      89

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

 

 

9

NSW Government's ICC World T20 2020 Cricket Legacy Fund   

 

Compiled by:               Andrew Robinson, Facilities Manager

Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Brian Steffen, Executive Manager - City Assets  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan and advocate for sport and recreation facilities, services, programs and events for the City

      

 

Executive Summary

A report was presented at Council’s Policy Review Committee Meeting on 9 July 2018, outlining two projects for submission to the NSW Government’s ICC World T20 2020 Cricket Legacy Fund grant program administered by the Office of Sport. Successful applicants have now been notified. This report advises that the two grant submissions were successful for the following projects

 

Rance Oval, Werrington – Grant Awarded $82,700

 

Installation of automated sub surface irrigation to the oval and construction of Stage 2 amenities including; public amenities, accessible toilets, unisex umpires’ facilities, showers and store. This application was submitted by Penrith Cricket Club supported by Council Officers.

 

Village Oval, Jordan Springs - $15,000

 

Installation of a synthetic cricket wicket to allow matches to take place at the Village Oval, Jordan Springs. This application was submitted as a Penrith City Council application.

 

The report recommends that Council accept the offer of the grant for $15,000 from NSW Government’s ICC World T20 2020 Cricket Legacy Fund for the installation of a synthetic cricket wicket at the Village Oval, Jordan Springs, It also recommends that letters be provided to; Penrith Cricket Club confirming that it can accept the grant of $82,700 that it has been awarded; The Hon. Stuart Ayres MP, Minister for Sport, thanking the NSW Government for the funding for both projects; Cricket NSW thanking it for its contribution to both projects.

Background

The NSW Government’s ICC World T20 2020 Cricket Legacy Fund was announced by the NSW Government to deliver long term benefits to NSW communities and support all cricket participants – from grassroots through to elite athletes.

 

The fund will deliver up to $6 million over three years to support facility development for local clubs, increase participation, improve female player and official pathways and enable hosting of elite cricket content in Regional NSW. Over the three years of the program, each Council may only be awarded a maximum of $300,000.

Current Situation

To identify projects as potential grant applications to the first round of the Legacy Fund. Council Officers reviewed the current and future Parks Asset Renewal Programs, Public Amenity Replacement Programs, Local Open Space 7.11 Plan, Grant Funded Projects Reserve, and assessed recommendations in relation to Penrith LGA from Cricket NSW state wide infrastructure audit. Officers also consulted with Cricket NSW, Penrith Cricket Club and Penrith Junior Cricket Association As a result, two projects were submitted and these were:

 

Rance Oval - Werrington

 

Penrith Cricket Club identified that the current facilities on site have reached the end of their useful life and do not meet current need or accessibility requirements. In addition, the need has been identified to implement Stage 2 of the amenity upgrade project which includes installation of; player showers, toilets, unisex umpires changeroom and store room.

 

Furthermore, the installation of automated sub surface irrigation system has been identified as needed by both the Club and Council Officers to effectively and efficiently improve the playing properties of the surface, contribute to the increased sustainability of the fields and create a safer environment in which to participate.  

 

The estimated cost of the installation of automated irrigation system, public amenity replacement including accessible facilities, construction of player showers, umpires changeroom and storeroom is $526,270.

 

At the Policy Review Meeting in July 2018, Council endorsed a contribution of $417,000 towards this project. Cricket NSW have indicated a contribution of $26,570. The award of the ICC World T20 2020 Cricket Legacy Fund grant of $82,700 to Penrith Cricket Club ensures the project is fully funded based on estimates provided and subject to finalisation of tenders.

 

Village Oval, Jordan Springs

 

Penrith Junior Cricket Association and Cricket NSW identified the need for the provision of a synthetic cricket wicket to be installed at the Village Oval, Jordan Springs.

 

The estimated cost of the project to provide a synthetic wicket is $30,000. Council endorsed a contribution of $7,500 from the 2018-2019 Grant Funded Projects Reserve, at its July 2018 Policy Review Meeting, for the purpose of submitting a grant application. Cricket NSW has also confirmed that it will partner with Council on this project indicating a contribution of $7,500.

 

The award of the ICC World T20 2020 Cricket Legacy Fund grant of $15,000 towards this project ensures the project is fully funded based on estimates provided and subject to finalisation of contractor quotations.

 

Financial Services Manager’s Comment

 

The NSW Government’s ICC World T20 2020 Cricket Legacy Fund provides community cricket clubs, associations and Council with an opportunity to apply for funding to enhance Council’s asset renewal programs and help alleviate identified funding shortfalls in the proposed asset improvements.

 

Both projects identified either renew, upgrade or improve existing assets and address identified priorities. Council endorsed contributing funds of $417,000 towards the Rance Oval Project at its Policy Review Meeting on 9 July 2018, comprising: $7,000 from 2018 - 2019 Parks Asset Renewal Program; $190,000 from Section 7 .11 Local Open Space Plan; and $220,000 from 2019– 2020 Public Amenities Replacement Program. $7,500 was endorsed as a contribution towards the project at the Village Oval, Jordan Springs from Council’s 2018-2019 Grant Funded Projects Reserve.

 

The respective grant awards of $82,700 and $15,000 from the Legacy Fund, as well as the contribution indicated by Cricket NSW of $26,570 and $7,500 will ensure that both projects are fully funded based on the project estimates provided. This is subject to final quotations and tender process.

 

Upon project completion, ongoing asset maintenance costs are expected to be managed within existing budgets and asset renewal plans are to be updated to reflect the expected life of the new and upgraded facilities.

 

Conclusion

 

The strength of Council’s relationships with all levels of cricket including Penrith Junior Cricket Association, Penrith Cricket Club and Cricket NSW has ensured that, a successful project development process and funding strategy has been realised, with the announcement of the NSW Government’s ICC World T20 2020 Cricket Legacy Fund grant awards.

 

Council will be investing $424,500 into sporting infrastructure at Rance Oval, Werrington and the Village Oval, Jordan Springs. Council’s investment has been leveraged with an additional $131,770 thanks to the contributions from NSW Government and Cricket NSW.

 

The projects will improve the usage capacity of the venues, supporting participation by over 2500 players training and competing in cricket. In the case of Rance Oval, infrastructure improvement may also offer the opportunity to explore use of the facility by other user groups.

 

 

 

RECOMMENDATION

That:

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

2.    Council accept the grant award of $15,000 from NSW Government’s ICC World T20 2020 Cricket Legacy Fund for the construction of a synthetic cricket wicket at the Village Oval, Jordan Springs.

3.    A letter be provided to Penrith Cricket Association notifying the Club that it can accept the grant award of $82,700 for the purpose of the specified infrastructure development at Rance Oval.

4.    A letter of appreciation be provided to The Hon. Stuart Ayres MP, Minister for Sport, for the NSW Government’s funding contribution through the Government’s ICC World T20 2020 Cricket Legacy Fund.

5.    A letter of appreciation be provided to Cricket NSW for its funding contribution to the projects at Rance Oval, Werrington and the Village Oval Jordan Springs.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         26 November 2018

 

 

 

10

NSW Government's 2018 Community Building Partnership Program   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Andrew Robinson, Facilities Manager

Authorised by:            Brian Steffen, Executive Manager - City Assets  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan and advocate for sport and recreation facilities, services, programs and events for the City

      

 

Executive Summary

The NSW Government’s 2018 Community Building Partnership Program (CBP) was announced on 7 May 2018 and applications closed on 15 June 2018.  An announcement about the outcomes of this program was publicised on 19 November 2018.

 

This report advises that Council was successful in receiving $77,500 from the CBP program towards implementing three projects at Saunders Oval, St Clair; Allsopp and Patterson Reserve, Cambridge Park; and Ridge Park, Colyton.

 

Information is also provided about eight successful applications for sports clubs and community organisations in Penrith, as well as details of unsuccessful applications and grants awarded to other projects in the state electorates of Penrith, Londonderry and Mulgoa.

 

The report recommends Council accept the offer of the grant for $77,500 from the CBP Program for the successful Council Submissions, it also recommends that letters be provided to; successful community organisations providing approval to accept the grants totalling $390,457 that have been awarded; The Hon. Stuart Aryes MP, The Hon. Tanya Davies MP, and Ms Prue Car MP thanking them for providing funding for the projects.

Background

The Community Building Partnership (CBP) program provides funds for community groups and local councils to invest in community infrastructure throughout NSW. Incorporated not-for-profit community organisations and local councils were invited to apply for funding to build and improve community facilities in their local area.

 

A memorandum was provided to Councillors on 5 June 2018 nominating 9 Council projects for submission; playground shade at Chapman Gardens, Kingswood; playground surface improvement at Wainwright Park, Kingswood; playground shade at Grays Lane and Ellim Place, Cranebrook; canteen upgrade at Allsopp and Paterson Reserve, Cambridge Park; playground shade at Ridge Park, Oxley Park; playground upgrades and shade at Cook Park, St Marys; dog park extension at Melville Road, St Clair and canteen upgrade at Saunders Park, St Clair.

 

Council Officers supported nine clubs and community organisations in developing project scopes and designs, obtaining quotations, reviewing and compiling grant documentation, and providing letters of support.

Current Situation

On 19 November 2018, it was announced that three of Council’s applications for 2018 CBP grants were successful with $77,500 being awarded from the program towards their implementation and these were:

 

Allsopp and Paterson Reserve, Cambridge Park (Londonderry Electorate)

 

The project will realise the upgrade of the canteen at Allsopp and Paterson Reserve, Cambridge Park to meet contemporary regulations and allow Cambridge Park – Cranebrook Junior Rugby League Club to generate income to assist with their sustainability and growth.

 

Estimated Project Cost: $65,000, realised from a Council contribution of $35,000 from

2018– 19 Building Asset Renewal Program and the successful CBP grant of $30,000.

 

Ridge Park Playground Shade, Adelaide St, Oxley Park (Londonderry Electorate)

 

This project aligns with the Oxley Park Place Plan and Council’s commitment to improve amenity and recreation space in the neighbourhood. Young people and residents have flagged shade as a priority at this site. Estimated Project Cost $35,000, realised from a Council contribution of $17,500 from the 2018 – 2019 Grant Funded Projects Reserve and the successful CBP Grant of $17,500.

 

Saunders Park, St Clair (Mulgoa Electorate)

 

The project will realise the upgrade of the canteen at Saunders Park, St Clair to meet contemporary regulations and allow Colyton – St Clair Little Athletics to generate income to assist with their sustainability and growth. Estimated Project Cost: $65,000, realised from a Council contribution of $35,000 from 2018 –19 Building Asset Renewal Program and the successful CBP grant of $30,000.

 

The table included in Appendix 1 identifies a list of successful applications in Penrith LGA, with Appendix 2 identifying the unsuccessful grant applications. Both lists only contain projects that Officers assisted with and are aware and have knowledge of. Appendix 3 identifies the successful grants awarded to other projects in the respective state electorates of Penrith, Mulgoa and Londonderry.

 

One of the successful applications, submitted by the St Clair Comets Junior Rugby League Club for floodlighting upgrade at Cook and Banks Reserve, St Clair, received $150,000. This group submitted a grant application for $215,000 based on an opinion of probable costs developed with Council Officers, the club have identified $35,000 of their own funds to the project, the shortfall therefore being $65,000 to enable it to realise the desired project scope.

 

Representation has been received from the club seeking assistance in funding the shortfall, however there is no identifiable Council budget source available at this time. Opportunities are being investigated in relation alternative funding sources. Council Officers will work with the group to develop a project scope possible with the CBP grant funds allocated, with further stages to be added should funds become available.  

 

A further application, submitted by St Marys Baseball Club for upgrades to Monfarville Baseball Facility received $12,977. This group submitted a grant application for $25,954 based on an opinion of probable costs developed with Council Officers, the shortfall therefore being $12,977 to realise the desired project scope.

 

Representation has been received from the club seeking assistance in funding the shortfall, however there is no identifiable Council budget source available at this time. Council Officers will work with the group to develop a project scope possible with the CBP grant funds allocated, with further stages to be added should funds become available.  

Financial Services Manager’s Comment

This report advises that Council was successful in securing three 2018 Community Building Partnership Grants. Council is required to provide matching funds for Community Building partnership grants, these matching funds are available from within the existing Building Asset Renewal program for both the Saunders Park project and Allsop & Paterson project. Matching funds for the Ridge Park project can be accommodated from within Council’s Grants Reserve. Ongoing costs resulting from these updated and improved facilities will be accommodated from within existing budgets.

 

The report also advises that two applications submitted from local Sports clubs are subject to a funding shortfall being $65,000 for floodlighting upgrades at Cook and Banks Reserve, and $12,977 for upgrades to Monfarville Baseball Facility. In both cases representation has been received from the club seeking assistance in funding the shortfall, however there is no identifiable Council budget source available at this time. Council Officers will work with the clubs to develop a project scope possible with the CBP grant funds allocated, with further stages to be added should funds become available.

 

Conclusion

In total $987,412 was allocated through the CBP program for the state electorates of Penrith, Mulgoa and Londonderry A total of $467,957 of grants were awarded to Penrith City Council, and organisations that Council Officers assisted with their application. Council will be investing $535,500 into 11 sporting and community infrastructure projects across the city. In total this will mean an investment of over $1m which will create opportunities for increased participation, provide health benefits, economic outcomes and safe, sustainable facilities.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on NSW Government's 2018 Community Building Partnership Program be received

2.    Council accept the grants awarded of $77,500 from NSW Government’s Community Building Partnership.

3.    Letters be provided to successful community organisations authorising them that they can accept the grants on Council land.

4.    A letter of appreciation be provided to The Hon. Stuart Aryes MP, The Hon. Tanya Davies MP, and Ms Prue Car MP, for the NSW Government’s funding contribution through the Government’s Community Building Partnership Program.

 

 

ATTACHMENTS/APPENDICES

1.

Successful Community Grants 2018

2 Pages

Appendix

2.

Unsuccessful Community Building Partnership Grants 2018

2 Pages

Appendix

3.

CBP Grants Awarded by Electorate 2018

2 Pages

Appendix

  


Ordinary Meeting                                                                                                       26 November 2018

Appendix 1 - Successful Community Grants 2018

 

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Ordinary Meeting                                                                                                       26 November 2018

Appendix 2 - Unsuccessful Community Building Partnership Grants 2018

 

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Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          26 November 2018

Appendix 3 - CBP Grants Awarded by Electorate 2018

 

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Ordinary Meeting                                                                                         26 November 2018

 

 

 

11

RFT 18/19-09 Kingsway Amenities Building    

 

Compiled by:               Michael  Shahidi, Project Officer

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide designs and plans for Council's parks and sportsgrounds

      

 

Executive Summary

Tender reference 18/19-09 Construction of Kingsway Amenities Building was advertised in the Western Weekender on 4 October 2018 and the Sydney Morning Herald on 9 October 2018. The tender closed on 31 October 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Austfield Pty Ltd be accepted for the full scope of works outlined in RFT18/19-09 Construction of Kingsway Amenities Building, for a total amount of $925,246.48 (excluding GST).

Background

Penrith City Council has allocated funding for the construction of Kingsway Amenities Building through section 7.11 Development Contributions. This project includes construction of a store room, a canteen, an admin room, 4 toilets in total consisting of 2 unisex standard toilets, a unisex ambulant toilet and a unisex disabled toilet.

This building will be constructed on a raised concrete slab with stairs and accessible ramp. There will also be a concrete drop off zone constructed as part of these works. This building  will be of rendered brick construction with steel frame. The scope covered in this tender will be the first stage of works in the Kingsway expansion and the next stage will be a civil works package including construction of new fields, carpark modifications and lighting to both carpark and fields.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Rosemarie Canales, Architectural Supervisor, Michael Shahidi, Project Officer and was chaired by Michael Jackson, Design and Projects Manager. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

 

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

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors

Madic Constructions Pty Ltd

$606,794

Bossley Park NSW

Ivica Matekalo

The Almar Group Pty Ltd T/A API Commercial

$848,570

Emu Plains NSW

Mark, Ben & Athol Simpson

Austfield Pty Ltd

$925,246

Parramatta NSW

Anwar Menashi

Coverit Pty Ltd

$947,000

Penrith NSW

Shane Comans

Van Mal Group Constructions

$993,902

Randwick NSW

Nico van Mal

Allpall Pty Ltd

$994,000

Springwood NSW

David Crum

Aurick Pty Ltd

 $997,803

Artarmon NSW

Tim Holliday

Lanskey Constructions Pty Ltd (NSW)

$1,022,000

Auburn NSW

Paul Lanskey

Ross Williams

Beacon Building Services Pty Ltd.

$1,039,459

Parramatta NSW

Jarrod Sanfilippo

Simco Enterprises Pty Ltd

$1,370,145

Seven Hills NSW

Michael Simmons

Abadeer Holdings ta Distinct Services Group

-

Claremont Meadows NSW

Information Not Provided

Phil McNamara T/A Cranebrook Constructions

 -

Cranebrook NSW

Phil McNamara

 

The seven (7) lowest tenders were considered for initial assessment and were evaluated using Apet360 software to provide a ranking for conformance with the evaluation criteria.  Tenders evaluated were the submissions by Madic Constructions Pty Ltd, The Almar Group Pty Ltd T/A API Commercial, Austfield Pty Ltd, Coverit Pty Ltd, Van Mal Group Constructions, Allpall Pty Ltd and Aurick Pty Ltd.

 

Abadeer Holdings failed to submit required documentation and Cranebrook Constructions failed to submit a price schedule. These two submissions were deemed to be nonconforming tenders and could not be included in the evaluation.

 

The remaining tenders were not considered for the evaluation as their tender price was higher than expected price range.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from Austfield 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 priced submission from Madic Constructions Pty Ltd failed to supply meaningful responses to the majority of the questions, and the next lowest priced submission from API Commercial scored poorly across a broad range of criteria, which was unexpected as they have successfully tendered for previous smaller council projects.

 

The next price above Austfield was from Coverit Pty Ltd who are currently the preferred contractor on Council’s minor building works contract.  Their price was only 2.35% higher than Austfield Pty Ltd and the committee was of the opinion that the Austfield tender was worthy of further investigation given the small price difference.

 

The Tender Evaluation Committee held a clarification meeting with Austfield to further investigate their demonstrated ability, works method, program and safety procedures. The committee was satisfied with responses provided by Austfield at that meeting.

 

The recommended company, Austfield 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

Austfield Pty Ltd was founded in 1998 by Anwar Menashi, Chartered professional engineer, and has been operating since. Company’s services and activities are controlled by documented management systems to meet Safety, Quality and Environmental regulatory requirements. Austfield’s WHS Management System (WHSMS) was certified as meeting requirements of AS/NZS 4801/2001 and its Quality Management System was certified to  ISO 9001:2008. Both systems are regularly reviewed by a third party auditing organisation. Austfield WHS management system has also received a Corporate WHS management system accreditation in August 2013 from the NSW Government Land and Housing Corporation (LAHC) who is a major client of the company.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Austfield Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings 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 Austfield with sufficient funds being available from Section 7.11 reserves.

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 Brian Steffen - Executive Manager City Assets, Glenn McCarthy - Governance Manager and Neil Farquharson - Financial Services Manager, were briefed by the Design & Projects team about the background and the process followed. The TAG noted that the apparent high cost of the project is due to the design and construction methods/materials used for amenities buildings to ensure it is long-lasting and resistant to vandalism.  The TAG also noted that the recommended tender, while not the lowest price, was considered to be the most advantageous to Council having regard to demonstrated ability to meet Council’s requirements through their compliance with the tender evaluation criteria. The TAG considered the recommendations in relation to the tender for the Construction of Kingsway Amenities Building. 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 Austfield Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $925,246.48 excluding GST.

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/19-09 Kingsway Amenities Building  be received

2.    Austfield Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of Kingsway Amenities Building for an amount of $ $925,246.48 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                                                                                         26 November 2018

 

 

 

12

RFT 18/19-13 Penrith Street and Sportsfield Tree Project   

 

Compiled by:               Michael  Shahidi, Project Officer

James Craig, Project Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide designs and plans for Council's parks and sportsgrounds

      

 

Executive Summary

Tender reference 18/19-13 Penrith Street and Sports Field Tree Project was advertised in the Western Weekender on 4 October 2018 and Sydney Morning Herald on 9 October 2018. The tender closed on Wednesday 31 October 2018. Tender options were also sought to form a three-year Contract for future tree planting in the Penrith LGA. The tender options requested the tenderer to provide a schedule for tree planting and associated works for trees procured by Council.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Asplundh Tree Expert Australia Pty Ltd be accepted for the full scope of works portion 1 & 2 as outlined in RFT18/19 -13 Penrith Street and Sports Field Tree Project for a total amount of $77,348.15 (excluding GST) and they also be awarded the 3-year contract for the tree planting works in Penrith LGA based on the schedule of rates provided.

Background

The project contains two portions including the St Marys Street Tree Pilot and the Penrith Sports Field Shade Trees Project. Both portions of the project aim to increase greenspace within the LGA and aligns with the Cooling the City Strategy adopted by Penrith City Council.

 

Funding for the St Mary’s Street Tree Pilot was sought through a Resource Allocation Request (RAR). A portion of this total amount is to be used for community engagement and education. A total of 372 trees are to be planted throughout 25 streets within St Marys.

 

Penrith City Council secured funding through the Metropolitan Greenspace Program for the Penrith Sports Field Shade Trees Project. This funding was matched with Parks Section of the 7.11 Development Contributions, Local Open Space allocations. A total of 195 trees are to be planted in selected locations at 9 sporting complexes within the Local Government Area.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Michael Shahidi, Project Officer - Design and Projects, James Craig, Project Supervisor – Design and Projects and was chaired by Michael Jackson - Design and Projects Manager.

 

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

 

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

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors

Asplundh Tree Expert Australia Pty Ltd

$77,348.15

Unit 1, 197 Power St Glendenning NSW 2761

Gregory Kenneth Fitzgerald, Scott Bryan Asplundh,

Matthew Bryan Asplundh & Joseph Patrick Dwyer

Waratah Group Services

$134,203.53

PO Box 45 Moorebank NSW 1875

Geoffrey Timpson

Growth Civil Landscapes Pty Ltd

$138,291.65

39 Hunter St Kirrawee NSW 2232

Glenn Simpson

The Gardenmakers Pty Ltd

$262,077.35

6 Dumic Place Cromer NSW 2099

David Bambridge, Keith Burns, Chris Hardy & Daniel Kavanagh

Landscape Solutions Maintenance Pty Ltd

$269,943.00

16 Distribution Place Seven Hills NSW 2147

Timothy Peter Buckle

GJs Landscapes

$332,925.00

13/43 College St Gladesville NSW 2111

Glenn Jurd

Tree Serve

$344,923.00

785-811 Wallgrove Road Horsley Park NSW 2175

David Harris & Nick Harris

Skyline Landscape Services Pty Ltd

$350,771.85

35 Liberty Road Huntingwood NSW 2148

Colin Richardson & Chris Richardson

 

The five (5) tenders within available budget were considered for assessment and were included for evaluation using Apet360 software to provide a ranking for conformance with the evaluation criteria. Tenders submitted within the available budgets were those of Asplundh Tree Expert Australia Pty Ltd, Waratah Group Services, Growth Civil Landscapes Pty Ltd, The Gardenmakers Pty Ltd and Landscape Solutions Maintenance Pty Ltd.

Evaluation of the Preferred Tender

Following an assessment of all tenders submitted within budget, the tender submission from Asplundh Tree Expert Australia Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money compared to next on the ranking list in terms of effectiveness and price. Asplundh Tree Expert Australia Pty Ltd also provided detailed examples of the reporting and community engagement involved with both portions, which are key objectives of the project.

 

The recommended company, Asplundh Tree Expert Australia Pty Ltd was selected based on their:

 

1)      Compliance with the tender evaluation criteria,

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

3)      Competitive price for the services offered.

 

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

Schedule of Rates

The schedule of rates for planting of trees from the shortlisted companies are detailed below in price order (ex GST).  The rates are based on the size of the trees, with 45L pots, 75L pots, 100L pots, 200L pots and 400L pots amongst standard industry sizes and site establishment rates.

 

Company

Qty 0-10

Qty 10-50

Qty 50+

Asplundh Tree Expert Australia Pty Ltd

Site establishment: Nil

45L    $81.00/tree

75L    $90.95/tree

100L  $100.65/tree

200L  $127.35/tree

400L  $154.35/tree

Site establishment: Nil

45L    $77.20/tree

75L    $86.60/tree

100L  $95.30/tree

200L  $121.30/tree

400L  $147.00/tree

Site establishment: Nil

45L    $73.50/tree

75L    $82.50/tree

100L  $90.75/tree

200L  $115.50/tree

400L  $140.00/tree

Landscape Solutions Maintenance Pty Ltd

Site establishment: Nil

45L    $73.00/tree

75L    $130.00/tree

100L  $130.00/tree

200L  $260.00/tree

400L  $520.00/tree

Site establishment: Nil

45L    $73.00/tree

75L    $130.00/tree

100L  $130.00/tree

200L  $260.00/tree

400L  $520.00/tree

Site establishment: Nil

45L    $73.00/tree

75L    $130.00/tree

100L  $130.00/tree

200L  $260.00/tree

400L  $520.00/tree

The Gardenmakers Pty Ltd

Site establishment: $725.00

45L    $214.00/tree

75L    $225.00/tree

100L  $289.00/tree

200L  $376.00/tree

400L  $468.00/tree

Site establishment: $2,575.00

45L    $209.00/tree

75L    $220.00/tree

100L  $280.00/tree

200L  $370.00/tree

400L  $460.00/tree

Site establishment: $4,525.00

45L    $204.00/tree

75L    $217.00/tree

100L  $277.00/tree

200L  $360.00/tree

400L  $455.00/tree

Waratah Group Services

Site establishment: $1,800.00

45L    $108.03/tree

75L    $128.49/tree

100L  $163.49/tree

200L  $383.00/tree

400L  $548.00/tree

Site establishment: $6,900.00

45L    $108.03/tree

75L    $128.49/tree

100L  $163.49/tree

200L  $383.00/tree

400L  $548.00/tree

Site establishment: $10,480.00

45L    $108.03/tree

75L    $128.49/tree

100L  $163.49/tree

200L  $383.00/tree

400L  $548.00/tree

Growth Civil Landscapes Pty Ltd

Site establishment: $100.00

45L    $660.60/tree

75L    $1,297.50/tree

100L  $1,765.00/tree

200L  $1765.00/tree

400L  $2,000.00/tree

Site establishment: $375.00

45L    $138.00tree

75L    $324.75/tree

100L  $446.50/tree

200L  $506.00/tree

400L  $575.00/tree

Site establishment: $437.00

45L    $120.00/tree

75L    $282.50/tree

100L  $388.25/tree

200L  $438.25/tree

400L  $498.75/tree

 

Consistent with their lump sum tender, the schedule of rates proposed by Asplundh Tree Expert Australia Pty Ltd is highly competitive and is recommended for the three-year tree planting contract.

 

The Sportsfield Tree Planting grant is a 50:50 matched funding program.  The unit rates for the tree planting above will be utilised to ensure council are able to spend the entire grant amount.  The St Marys Street Tree Pilot is a reserve funded program and any unspent funds will be returned to reserve.

Recommended Tenderer

Asplundh Tree Expert Australia Pty Ltd currently hold contracts with Defence Housing Australia and Maitland City Council, overseeing all aspects of maintenance and reactive maintenance works. These contracts include tree planting, mulching garden areas and landscape construction works.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Asplundh Tree Expert Australia Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings 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 Asplundh Tree Expert Australia Pty Ltd, with sufficient funds being available from Section 7.11 reserves.

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 Brian Steffen - Executive Manager City Assets, Glenn McCarthy - Governance Manager and Neil Farquharson - Financial Services Manager 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 Penrith Street and Sports Field Tree Project noting that the recommended tender is the lowest price and that the company has demonstrated their ability to meet Council’s requirements. 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 Asplundh Tree Expert Australia Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $77,348.15 excluding GST and they also be awarded the 3-year contract for the tree planting works in Penrith LGA based on the schedule of rates provided.



RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/19-13 Penrith Street and Sportsfield Tree Project be received

2.    Asplundh Tree Expert Australia Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Penrith Street and Sports Field Tree Project for an amount of $77,348.15 (excluding GST). 

3.    Asplundh Tree Expert Australia Pty Ltd be awarded the 3-year contract for the tree planting works in Penrith LGA based on the schedule of rates they have provided.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         26 November 2018

 

 

 

13

RFT 18/19-04 Construction of Play and Recreational Facilities in Sienna Gardens   

 

Compiled by:               Siva Sivakumar, Project Coordinator - Capital Works

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide designs and plans for Council's parks and sportsgrounds

      

 

Executive Summary

Tender reference RFT18/19-04 for Construction of Play and Recreational Facilities in Sienna Gardens was advertised in the Western Weekender on 20 September 2018 and the Sydney Morning Herald on 25 September 2018.  The tender closed on 17 October 2018.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Growth Civil Landscapes Pty Ltd be accepted for the scope of works outlined in Separable Portion A of the RFT 18/19-04 for Construction of Play and Recreational Facilities in Sienna Gardens for a total amount of $414,754 (excluding GST).

Background

Caddens Road Park and South Western Neighbourhood Park are to be developed to provide the open space facilities in Sienna Gardens as per the Section 7.11 (previously referred as Section 94 Plan) Contributions Plan adopted by Council.

 

Caddens Road Park, which has an approximate area of 3.15ha, is used both as a detention basin incorporating a wetland and as a recreational open space area.  A half basketball court; adventure play equipment; two picnic areas and shade structures were identified to be provided in the south eastern corner of the park.

 

South Western Neighbourhood Park has an approximate area of 0.3ha and is surrounded by Cherrywood Street, Silkwood Avenue, Buttercup Street and Pandorea Street.  Play equipment, seating and pathways were identified for the park.

Community Engagement

A two-stage engagement process was conducted to obtain community feedback on the proposed play and recreational facilities within the respective parks.  Initial consultation was via the ‘Your Say Penrith’ website with online surveys.  The survey opened on 27 April 2018 and closed on 18 May 2018.  Based on the survey outcomes, preliminary concept plans were developed for each park and presented to the community at a pop-up information session at Caddens Road Park on 17 June 2018 and that feedback was developed into detailed designs.

Tender Structure

The tender was structured such that the scope of works was split into Separable Portions A and B. Separable Portion A included the main components of the project resulting from the community engagement and Separable Portion B contained the optional project components to include or exclude from the contract to suit the budget.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Siva Sivakumar (Project Coordinator), Wasique Mohyuddin (Major Projects Coordinator), Victoria Patterson (Landscape Architect) and was chaired by Michael Jackson (Design & Projects Manager).  Allyce Langton (Procurement Business Partner) provided the Tender Evaluation Committee with probity advice throughout the tender evaluation process. 

 

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

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

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

 

Company

Tendered Price

(Separable Portion A)

Company Location

Directors

Lamond Contracting Pty Ltd

$ 411,540.00

84 Wilton Road

Wilton NSW 2571

Steve Lamond

Growth Civil Landscapes Pty Ltd

$ 414,754.00

39 Hunter Street

Kirrawee NSW 2232

Glenn Simpson

GJ’S Landscapes Pty Ltd

$ 558,647.00

Unit 13, 43 College Street

Gladesville NSW 2111

Glenn Jurd

Co-Ordinated Landscapes Pty Ltd

$ 559,752.00

Level 1, 33 – 35 Belmont Street, Sutherland NSW 2232

 

David Beslich

Ron Beslich

Carl Small

Anthony Beslich

Spartix Pty Ltd

 

$ 588,354.00

PO Box 854

Merrylands NSW 2160

Anthony Sahyoun

Waratah Lawncare and Garden Management Pty Ltd

$ 589,166.48

6 Cunningham Street

Moorebank NSW 1875

Geoff Timpson

Van Mal Group Construction Pty Ltd

$776,100.00

Suite 6, 126 Avoca Street

Randwick NSW 2031

Nico Van Mal

 

Tenders were evaluated using Apet360 software to provide a ranking for conformance with the evaluation criteria.  Due to budgetary constraint, only Separable Portion A was considered in the tender review.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from Growth Civil Landscapes 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 effectiveness and price.  Growth Civil Landscapes Pty Ltd scored a higher ranking for conformance with the evaluation criteria and in comparison to the lowest price tenderer (Lamond Contracting Pty Ltd) demonstrated more comprehensive Work Health and Safety, Quality and Environmental Management systems.

 

Growth Civil Landscapes Pty Ltd have completed similar projects for City of Sydney, Inner West Council, Sutherland Shire Council and Burwood Council, and also demonstrated a strong understanding of the technical and contractual aspects of the project during a tender clarifications meeting.

 

The recommended company, Growth Civil Landscapes 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 along with demonstrating its overall effectiveness in the delivery of works under contract.

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Growth Civil Landscapes Pty Ltd. These checks were recently completed by Equifax Australasia Credit Ratings Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Growth Civil Landscapes Pty Ltd to perform the works described.

 

Section 7.11 funding collected for the open space have been allocated to provide funding for this project.

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 by the Design & Projects team about the background and the process followed. The TAG noted that, while the recommended tender is not the lowest price, the recommended company provided evidence of their ability to meet Council’s requirements through their compliance with the tender evaluation criteria. The TAG considered the recommendations in relation to the tender for the Construction of Play and Recreation Facilities at Sienna Gardens. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Conclusion

The Tender Evaluation Committee is in the opinion that Growth Civil Landscapes Pty Ltd provided the most advantageous tender and it is recommended that they be awarded the contract for a sum of $414,754 excluding GST.

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/19-04 Construction of Play and Recreational Facilities in Sienna Gardens be received

2.    Growth Civil Landscapes Pty Ltd be awarded the contract subject to the execution of a formal agreement for Construction of Play and Recreational Facilities in Sienna Gardens, for an amount of $414,754 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 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

14      Code of Conduct - Report on Complaints Statistics                                                        96

 

15      Organisational Performance and Financial Review - September 2018                          98

 

16      2019 Proposed Council Meeting Calendar                                                                    103

 

17      2017-18 Penrith City Council Annual Report                                                                 107

 

18      Summary of Investments & Banking for the Period 1 October 2018 to 31 October 2018 109

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         26 November 2018

 

 

 

14

Code of Conduct - Report on Complaints Statistics    

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG).

 

This report will provide Council with complaints statistics as required under section 12.1 of the Model Code of Conduct Procedures before being forwarded to the OLG. This year’s report on Code of Conduct complaint statistics concerning Councillors and the General Manager is a ‘nil’ return.

Background

Council has adopted a Code of Conduct, consistent with the Model Code which incorporates the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12 month reporting period.

 

Current Situation

 

Under Section 12.1 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator (Chief Governance Officer, Stephen Britten) must arrange for the following statistics to be reported to Council and subsequently be forwarded to the OLG:

 

a)   the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September

b)   the number of code of conduct complaints referred to a conduct reviewer,

c)   the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,

d)   the number of code of conduct complaints investigated by a conduct reviewer,

e)   the number of code of conduct complaints investigated by a conduct review committee,

f)    without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g)   the number of matters reviewed by the OLG and, without identifying particular matters, the outcome of the reviews, and

h)   the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

 

 

 

 

The tables below provide the statistics for the period beginning 1 October 2017 through to 30 September 2018:

 

Table 1:

 

Code of Conduct Statistics

Totals/Outcomes

Complaints made about Councillors and the General Manager*

0

Complaints referred to a conduct reviewer

0

Complaints finalised by a conduct reviewer at the preliminary assessment stage

0

The outcome of complaints finalised at the preliminary assessment stage

N/A

The number of Complaints investigated by a conduct reviewer

0

The number of Complaints investigated by a conduct review committee

0

The outcome of complaints investigated by a conduct reviewer/committee

N/A

The outcome of matters reviewed by the OLG

0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager and do not form a part of this reporting requirement.

 

Table 2:

 

Total cost of dealing with complaints during the period (including staff costs)

$6,345

 

Whilst there were no complaints about Councillors or the General Manager that required referral to a conduct reviewer during this reporting period, there was one complaint that was initiated before the reporting period and finalised just after the reporting period. As the complaint was being investigated during this period, some costs were incurred and are required to be reported, the remaining costs associated with this investigation, will be reported during the 2018-19 period.

 

Conclusion

This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 October 2017 to 30 September 2018.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Ordinary Meeting                                                                                         26 November 2018

 

 

15

Organisational Performance and Financial Review - September 2018   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Craig Shepherd, Corporate Reporting Coordinator

Authorised by:            Andrew Moore, Chief Financial Officer

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

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program for the first quarter period of 1 July to 30 September 2018. The report should be read in conjunction with the Organisational Report – September 2018 (refer attached), which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program, and our progress in completing the organisation’s Operating and Capital projects for 2018-19.

 

At 30 September 2018, 97% of Council’s 217 reportable projects, and almost 93% of Council’s 31 reportable actions were ‘On Target’ or ‘Completed’.

 

Council projected a Balanced Budget in the adoption of the Original 2018-19 Operational Plan. The September 2018 Quarter Review has resulted in a small surplus now being predicted for the quarter and the full year of $58,383.

 

This report recommends that the Organisational Report – September 2018 be received and that the revised Budget estimates identified in the report and detailed in the Organisational Report – September 2018 be adopted.  

 

Organisational Performance Summary

The Organisational Report – September 2018 provides information on Council’s progress against its 2018-19 Operational Plan and Projects for the three-month period between 1 July 2018 to 30 September 2018. At 30 September 2018:

·    93% of 31 reportable Operational Plan Actions were ‘On Target’ or ‘Completed’

·    97% of 106 reportable Capital Projects were ‘On Target’ or ‘Completed’

·    97% of 111 reportable Operating Projects were ‘On Target’ or ‘Completed’

 

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

 

 

 

 

 

Completed

On Target

Attention Required

Total

 

No.

%

No.

%

No.

%

 

 

 

 

 

 

 

 

Actions

2

3%

26

90%

3

7%

31

Capital Projects

19

18%

84

79%

3

3%

106

Operating Projects

7

6%

101

91%

3

3%

111

Table 1

 

Further detailed information can be found in the Organisational Report – September 2018 .

Organisational Highlights

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

 

·    Hosting and supporting several successful events which injected $14 million into the local economy

·    Finalising the Draft Penrith Community Safety Plan for 2018-11 and placed on public exhibition

·    Signing a new 10-year Waste Collection contract that will commence from July 2019

·    Completing several significant projects including:

Weir Reserve Rowing Dock extension

Six new bus shelters, and

Sydney Street Local Charm upgrade.

·    Unveiling of the ‘Wake Up With’ regional tourism campaign, in partnership with Blue Mountains and Hawkesbury

Financial Position Summary

This report covers the first quarter of the 2018-19 financial year. Details of significant Variations, Reserve movements, and the status of Council’s Operating and Capital Projects compared to Budget are included in this document. 

 

Council projected a Balanced Budget in the adoption of the Original 2018-19 Operational Plan. The September Quarter has presented some variations to the predicted annual budget as is often the case with this Review, as many of the estimates and assumptions included in the Original Budget development are confirmed. The most notable favourable variation in this Review is additional Rates income ($739,238), which has been partly offset by lower than expected 2018-19 Financial Assistance Grant ($165,180), and the Credit Card Surcharge Waiver ($125,000). The favourable budget position at this early stage of the financial year also presents the opportunity to transfer $500,000 to Reserve to provide capacity to respond to current and emerging priorities, including some of the priority resource requests. The September 2018 Quarter Review has resulted in a small surplus now being predicted for the quarter and the full year of $58,383.

 

As reported to the Council at the Ordinary Meeting on 24 September 2018, advice has now been received confirming Council’s 2018-19 Financial Assistance Grant. The Financial Assistance Grant (FAG) allocated this year is $165,180 less than budgeted for the General component and $39,877 more than budgeted for the Roads component. It is proposed that these changes will be incorporated into this September 2018 Quarterly Review and that this will include adjusting the Roads Budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

 

Additionally, a total of $7.7m of Operating Project revotes are proposed as a result of the September 2018 Quarter Review, as the works will not be completed in this financial year. Further details on proposed major variations and revotes are provided later in this report with more detail in the Organisational Report – September 2018.

 

This report recommends that the revised budget estimates, including revotes, identified in this report and detailed in the attached Organisational Report – September 2018 be adopted.

Financial Position for the September 2018 Quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating Budget Projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

 

Budget Position

 

$’000s

Original Budget Position

0

September Quarter Variations Adopted by Council

53.7

September Quarter Review Proposed Variations

4.7

Revised Budget Position Surplus/(Deficit) projected to June 2019

58.4

 

The predicted cumulative result for the year as at September 2018 is a surplus of $58,383 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, revotes, and reserve movements are detailed in the Organisational Report – September 2018.

 

Rates Income $739,238 F (0.5%)

Rates income is forecast to be higher than expected due to development of industrial properties around Erskine Business Park and Oakdale Estate in the later stages of 2017-18, particularly with the conversion of a farmland property, with postponed rates, to industrial, where some significant postponed rates and interest became payable. The additional income was predicted to be received in future years of Council’s LTFP and as such does not substantially increase Council’s financial capacity in future years.

 

Financial Assistance Grant $165,180 U (4%)

As reported to the Council at the Ordinary Meeting on 24 September 2018, advice has now been received confirming Council’s 2018-19 Financial Assistance Grant. The Financial Assistance Grant (FAG) allocated this year is $165,180 less than budgeted for the General component and $39,877 more than budgeted for the Roads component. It is proposed that these changes will be incorporated into the September 2018 Quarterly Review and that this will include adjusting the Roads budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

 

Credit Card Surcharge Waiver $125,000 U (100%)

To continue our support and encouragement of residents and customers to use Council’s online lodgement and payment processes, the Mayor, General Manager and Chief Financial Officer have decided to postpone a credit card surcharge for the 2018-19 financial year. The objective of this decision is to make our on-line processes more attractive to use with the trial postponement will be reviewed throughout the year to gauge if it has had the desired outcome of more people using the service.

 

Transfer to Reserve - $500,000 A

The development of the annual budget each year requires a number of assumptions to be made in relation both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $500,000 be transferred to Reserve. In addition, this allocation will provide capacity to respond to some current and emerging priorities, including some of the priority resource requests. 

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – September 2018.

 

In addition to these adjustments a total of $7.7m of planned Operating Projects are proposed for revote this quarter. The total value of revotes for the year to date is $7.7m (including 7.7m for WSIP), compared to $12.3m (inclusive of $9.8 for WSIP and $2.5m for the Better Boating Program) for the same period in 2017-18. A full list of Revotes is included in the attachment Organisational Report – September 2018.

Conclusion

This report, and the more detailed Organisational Report – September 2018 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a small surplus being projected to June 2019.

 

The Organisational Report – September 2018 will be placed on Council’s website and will be available in hard copy on request.

 

 

 

 

RECOMMENDATION

That:

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

2.    The Organisational Performance and Financial Review - September 2018 as at 30 September 2018, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2018 be adopted.         

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Performance Report - September 2018

54 Pages

Attachments Included

  


Ordinary Meeting                                                                                         26 November 2018

 

 

 

16

2019 Proposed Council Meeting Calendar   

 

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

Manage Council's meeting calendar, meeting process and business papers

      

 

Executive Summary

The purpose of this report is to propose and adopt a Meeting Calendar for 2019. The report recommends that the draft Meeting Calendar for 2019 be adopted. If adopted, Council will have had 11 Ordinary Council Meetings, 11 Policy Review Committee (PRC) Meetings and a number of other meetings, including Councillor Briefings, Working Parties and Committees.

 

In preparing the draft Meeting Calendar, staff have taken into consideration a number of statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments, including significant conferences.

Background

Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month.

 

Since 2013, the adopted Calendar has held an approach of, where possible, holding 1 PRC and 1 Ordinary meeting a month, primarily held on the second and fourth Monday of every month with other meetings held on the remaining Mondays as required. 

 

Current Position

This year Council will have met for 13 Ordinary meetings (including 2 Extraordinary meetings), 10 PRC meetings, 23 Councillor Briefings (6 held after PRC meetings) which represents a total of 46 meetings for the year.

 

For the most part it appears that the basis of this year’s meeting calendar has been successful, with only a small number of changes required to the meeting calendar throughout the year, namely a number of additional Briefings held on the same evening as Policy Review Committee meetings and 2 Extraordinary meetings. Council staff will continue to strive to provide information to Councillors in 2019 while managing the number of meetings held. In terms of the length of meetings, there was no significant increase or decrease across the meetings from the previous year.

 

It is proposed in 2019 that the Meeting Calendar will continue to be based around holding 1 PRC and 1 Ordinary meeting a month (except in April). Where possible, these meetings will occur on the second and fourth Monday of every month. It is considered that this approach will continue to provide a level of consistency for Councillors and the community alike. It is proposed that other Mondays will be utilised for Councillor Briefings, working parties and committees as required. There will be circumstances throughout the year where this approach may be varied, namely due to public holidays or significant conference dates. This year saw a change to the start time of Ordinary Meetings moving from 7:30pm to 7:00pm to bring all meetings into one consistent starting time. It is proposed to maintain this approach.

 

For 2019 it is proposed to have a total of 42 meetings, which results in 4 less meetings than will be held this year. The difference in the number of meetings can be attributed to a number of additional Councillor Briefing and Working Party meetings held this year on Monday evenings after other meetings.

 

Draft 2019 Meeting Calendar

A draft Meeting Calendar has been prepared for 2019 and is based on the following assumptions:

 

·   Commencing with a Councillor Briefing on 4 February 2019

 

·   where possible Policy Review Committee meetings being held on the 2nd Monday of each month and Ordinary meetings on the 4th Monday of each month

 

·   at least one Ordinary Council Meeting each month (except for January)

 

·   the Deputy Mayoral Election being held on the fourth Monday in September (23 September 2019)

 

·   meetings where possible alternating so that there are not successive meetings of the same type from week to week

 

·   the meeting cycle concluding with an Ordinary Council Meeting on the third Monday in December – i.e. 16 December 2019

 

The draft calendar has been discussed with the relevant staff and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the various corporate planning documents.

 

In compiling the Calendar, consideration has been given to:

 

1.   Public Holidays

·   Friday 28 January 2019 – Australia Day

·   Friday 19 April 2019 – Good Friday

·   Monday 22 April 2019 – Easter Monday

·   Thursday 25 April 2019 – ANZAC Day

·   Monday 10 June 2019 – Queen’s Birthday

·   Monday 7 October 2019 – Labour Day 

 

2.   Other known likely commitments such as:

·   Local Government NSW (LG NSW) Annual Conference, Warwick Farm (14-16 October 2019)

·   UDIA Conference, Melbourne (26-28 March 2019)

·   National General Assembly, Canberra (16-19 June 2019)

·   Floodplain Management Conference, Canberra (14 May – 17 May 2019)

 

Conclusion

The draft Meeting Calendar for 2019 (as appended) has been prepared in accordance with the Local Government Act 1993 and Council policy. It incorporates at least one Ordinary Council Meeting for the months of February through to December.

 

It is proposed that 11 Ordinary Council meetings and 11 Policy Review Committee meetings will be held in 2019 in addition to a number of other forums such as Councillor Briefings, Working Parties and Committees.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2019 Proposed Council Meeting Calendar be received.

2.     The draft Meeting Calendar for 2019 be adopted.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Meeting Calendar for 2019

1 Page

Appendix

  


Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          26 November 2018

Appendix 1 - Draft Meeting Calendar for 2019

 

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Ordinary Meeting                                                                                         26 November 2018

 

 

 

17

2017-18 Penrith City Council Annual Report   

 

Compiled by:               Craig Shepherd, Corporate Reporting Coordinator

Snezana  Gorgieva, Corporate Planner

Allegra Zakis, Corporate Planning Coordinator 

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

 

Outcome

We have confidence in our Council

Strategy

Keep our community informed about what Council is doing and how they can have a say in decisions that affect them

Service Activity

Ensure our corporate planning documents are a true reflection of current community needs

      

 

Executive Summary

Under the Local Government Act (1993), Council must produce an Annual Report each year and submit it to the Office of Local Government by 30 November.  The report must focus on our performance in implementing our adopted Delivery Program and Operational Plan as well as a range of other information as specified in the Local Government Act and Regulations, and other legislation.   

 

The 2017-18 Annual Report is provided as separate enclosure for the information of Councillors and will be available on Council’s website.

 

It is recommended that the information contained in the report on 2017-18 Penrith City Council Annual Report be received; and that the 2017-18 Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2018.

Highlights

Content for the Annual Report has been drawn from the Delivery Program Progress Reports and supplemented with additional information to ensure our community has a good understanding of our activities. It includes highlights, challenges, information about key activities and financial results for the year. The key highlights discussed in the report include:

 

·    Signing of the Western Sydney City Deal and the Working Together Agreement

·    Major events including NAIDOC Day, Matildas vs Brazil; Defqon 1, NSW Golf Open, Real Festival, Ballet under the Stars and the BMX Australia Championships

·    Awards for our Cooling the City Strategy, Village Café, the 2016-17 Annual Report and The Quarter

·    Completion of the Triangle Park and commencement of major works in High Street

·    Over $5m in productivity savings

·    Celebrating the 70th anniversary of our Libraries

·    Maintaining 1,062km of sealed road, 616km of drainage pipes and 649 playgrounds, parks and sports fields.

 

The format and content of the Annual Report has been built on feedback from the Australasian Reporting Awards (ARA) and internal stakeholders.  This year’s Annual Report aims to be a comprehensive and visual representation of Council’s activities, services and achievements. 

 

 

Conclusion

The Annual Report is an opportunity to share with the community the things we have achieved, the challenges we have faced and how we have operated as an organisation. The Annual Report will be fully accessible and available on our website.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2017-18 Penrith City Council Annual Report be received

2.    The 2017-18 Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2017, subject to minor amendments.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         26 November 2018

 

 

 

18

Summary of Investments & Banking for the Period 1 October 2018 to 31 October 2018   

 

Compiled by:               Cheryl Freeburn, Operational Project Accountant

Daniel Moore, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for October 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 October 2018 to 31 October 2018 and a reconciliation of invested funds as at 31 October 2018.

 

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

 

·    Council portfolio current yield (including FRNs)       2.74%

·    90 day Bank Bill Swap rate (Benchmark)                 1.93%

 

 

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

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

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

 

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

 

                                             

Andrew Moore

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the Period 1 October 2018 to 31 October 2018 be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 October 2018 to 31 October 2018 be noted and accepted.

3.    The graphical investment analysis as at 31 October 2018 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report October 2018

6 Pages

Appendix

  


Ordinary Meeting                                                                                                       26 November 2018

Appendix 1 - Investment Report October 2018

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday November 26 2018

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        50 Belmore Street, Penrith - Contract Execution                                          2

 

3        Update on Proceedings against the Penrith Business Alliance Ltd and Others               2

 

4        Proposed Lease of Shop 2, 134-138 Henry Street Penrith (Gaymark Lane) to Phillip John Hughes (Trading as No Bottom Feeders)                                                                          2

 

5        Dedication of Council Land for Road Purposes - Lot 11 DP 264298                                3

 

 

 

 

 

 


Ordinary Meeting                                                                                         26 November 2018

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·         reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

 

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 1

 

2        50 Belmore Street, Penrith - Contract Execution 

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

 

Outcome 7

 

3        Update on Proceedings against the Penrith Business Alliance Ltd and Others

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

 

4        Proposed Lease of Shop 2, 134-138 Henry Street Penrith (Gaymark Lane) to Phillip John Hughes (Trading as No Bottom Feeders)

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

 

Outcome 4

 

5        Dedication of Council Land for Road Purposes - Lot 11 DP 264298   

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.

 

 

 

 

 

 

 

PCC_Line


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 November 2018

Report Title:            Planning Proposal for Winter Sporting Facility at 2-4 Tench Avenue, Jamisontown

Attachments:           Site Location Map

                                Image of proposed development

                                Extracts from LEP 2010 maps

                                Proposed height controls

                                Local Planning Panel advice



Ordinary Meeting                                                                                                                                                                                                &n