Council_Mark_POS_RGB

19 June 2019

 

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 24 June 2019 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

Leave of absence has been granted to:

Councillor Greg Davies

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 May 2019.

 

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

Local Traffic Committee Meeting - 3 June 2019.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 June 2019

 

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


 

 

     Directors


 

 

 

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

 

 

Directors


 


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_RGB2019 MEETING CALENDAR

January 2019 - December 2019

(Adopted by Council - 26 November 2018, Amended 1 May and 28 May 2019)

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25@

25

29v

27#

24*

22

26@

  23^ü

28

25#+

16

Policy Review Committee

7.00pm

 

11

11

8

 

 

8

12

9

21

11

9

 

 

 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 (March 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 2018-2019 Annual Statements are presented

 

Meeting at which any comments on the 2018-2019 Annual Statements are adopted

 +

Meeting at which the Annual Report is presented

Briefing to consider Budget, draft fees & charges and corporate documents

-            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 27 MAY 2019 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 Coordinator, Mr 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 - 29 April 2019

77  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 29 April 2019 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 3 April 2019                                                

78  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 3 April, 2019 be adopted.

 

2        Report and Recommendations of the Access Committee Meeting held on 10 April 2019                                                                                  

79  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 April, 2019 be adopted.

 

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 6 May 2019                                                                      

80  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 May, 2019 be adopted.

 

 

Procedural Motion

81  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Bernard Bratusa that Item 1 – Penrith Local Planning Panel and Sydney Western City Planning Panel be considered at the conclusion of the Committee of the Whole.

 

Personal Matter

82  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Bernard Bratusa that a Personal Matter be referred Committee of the Whole as the matter refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

3        Tender Reference 18/19-08, Public Toilet Cleaning Services                

83  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Tender Reference 18/19-08, Public Toilet Cleaning Services be received

2.    The contract for the provision of Public Toilet Cleaning Services be awarded to TST Property Services Pty Ltd for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods, with provision for rise and fall subject to satisfactory performance.

3.    The Common Seal of the Council of Penrith be affixed to any necessary documentation.

 

2        Neighbourhood Renewal Program - Progress and Future Delivery     

84  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Neighbourhood Renewal Program - Progress and Future Delivery be received

2.    Council endorse the proposed approach as outlined for delivery in Kingswood Park, Llandilo, Cranebrook and St Marys.

 

4        RFT18/19-25 Refurbishment of Council Heritage Buildings, Castlereagh Hall and Emu Plains Old School Building                         

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

That:

1.    The information contained in the report on RFT18/19-25 Refurbishment of Council Heritage Buildings, Castlereagh Hall and Emu Plains Old School Building be received

2.    Phillip McNamara T/A Cranebrook Constructions be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Castlereagh Hall and Emu plains Old School Buildings for the amount of  $845,563.00 excluding GST.

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

 

 

Outcome 6 - We are healthy and share strong community spirit

 

5        Responding to the Changing Needs of Older People in the City          

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

That

1.         The information in the report on Responding to the Changing Needs of Older People in the City be received.

 

2.         A further report be presented to Council outlining what efforts will be made to meet the needs of an ageing community through planning and development control policies.

 

 

Outcome 7 - We have confidence in our Council

 

6        Organisational Performance and Financial Review March 2019          

87  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Organisational Performance and Financial Review March 2019 be received

2.    The Organisational Performance and Financial Review March 2019 as at 31 March 2019, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2019 be adopted.

 

 


 

 

7        Proposed Amendments to 2019-20 Draft Fees and Charges                

88  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Proposed Amendments to 2019-20 Draft Fees and Charges be received.

2.    The proposed fees and charges be endorsed for public exhibition.

3.    A further report be presented to Council after the public exhibition period, presenting any public submissions received prior to the adoption of the proposed fees and charges.

 

8        Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2019-2020                                                                  

89  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2019-2020 be received

2.    The fees payable to the Mayor and Councillors for 2019-20 be set at the maximum level permitted.

 

9        Summary of Investments & Banking for the Period 1 April 2019 to 30 April 2019                                                                                                     

90  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Summary of Investments & Banking for the Period 1 April 2019 to 30 April 2019 be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2019 to 30 April 2019 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2019 be noted.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Tree Planting    

Councillor Robin Cook requested a memo reply providing details on holding a tree planting day, similar to the event previously held at St Clair for Mother’s Day, for Father’s Day, and additionally if future events of this nature could be held in other areas of the Penrith Local Government Area.

 

UB 1           Leave of Absence      

Councillor Greg Davies requested Leave of Absence for 24 June 2019.

91  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

92  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that Leave of Absence be granted to Councillor Greg Davies for 24 June 2019.

 

RR 2           Reports concerning works subject to Tender      

Councillor Greg Davies requested that, at the completion of all works subject to tender, a report be submitted to a Councillor Briefing on the success of the works and any issues that may have arisen from the contract.

 

RR 3           Concrete pouring at Eighth and Second Avenues, Llandilo  

Councillor Kevin Crameri OAM requested that Council not pour concrete at the corner of Eight and Second Avenues, Llandilo until issues with turning trucks at this location are resolved, and that a Councillor Briefing be held to discuss a solution to this issue.

 

RR 4           Racecourse Road Site        

Councillor Kevin Crameri OAM  requested a further report to Council on this matter, including a response to information received by him from affected residents.

 

RR 5           Shopping Trolleys     

Councillor Bernard Bratusa requested a Councillor Briefing to outline solutions as to what action can be taken to ensure shopping trolleys are not left in public places throughout the Penrith Local Government Area.

 

Councillor Karen McKeown OAM left the meeting, the time being 7:29pm.

 

RR 6           Property in Mt Vernon - Review of Development Application

Councillor Tricia  Hitchen requested that Council review a development application for the installation of a driveway on a property at Mt Vernon.

 

Councillor Karen McKeown OAM returned to the meeting, the time being 7:30pm.

 

RR 7           The Haven women's refuge        

Councillor Tricia  Hitchen thanked Council staff for their ongoing support of the refuge, for assisting with any ongoing issues that arise, and for meeting support and assistance with phone enquiries.

 


 

 

RR 8           Provision of Lights at Pedestrian Crossing, Lennox Shopping      Centre, Emu Plains       

Councillor Marcus Cornish requested that the Local Traffic Committee investigate the provision of lights at the pedestrian crossing between the Senior Citizens’ Centre and Lennox Shopping Centre at Emu Plains.

 

RR 9           Provision of Lighting at Judges Place Carpark    

Councillor John Thain requested a memo reply to all Councillors regarding the installation of security lighting at Judges Place Carpark along the pathway to the Senior Citizens’ centre.

 

RR 10         Provision of a Pathway along Palmyra Avenue, North St Marys

Councillor Kevin Crameri OAM requested a memo reply to all Councillors investigating whether the roadside drain in this area could be moved to enable a footpath to be installed along Palmyra Avenue from North St Marys Leagues Club to the creek.

 

RR 11         Council's responsibilities regarding Bankruptcy of Contractors

Councillor Kath Presdee requested a memo reply to all Councillors outlining Council’s responsibilities, both legal or moral, when contractors providing services to Council declare bankruptcy resulting in termination of employment of their staff.

 

RR 12         Recent visit by delegation from Penrith's Sister City Kunshan,      China        

Councillor Greg Davies requested that the Mayor write a letter to the Mayor of Kunshan, conveying thanks for the recent visit by a delegation from Kunshan City and reinforcing the friendship between the two cities.

 

 

Committee of the Whole

 

93 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies                  that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:39pm

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor John Thain seconded Councillor Mark Davies that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

Outcome 1

 

2        Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade)                                                                                                                               

 

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

 

3        Personal Matter

 

This item has been referred to Committee of the Whole as the matter refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 7:43pm and the General Manager reported that the Committee of the Whole met at 7:39pm on 27 May 2019, 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        Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade)                                                                                                                               

RECOMMENDED on the MOTION of Councillor  Todd Carney seconded Councillor Marcus Cornish

CW2 That:

1.    The information contained in the report on Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade) be received.

2.    Council enter a lease agreement for Shop 1/140-142 Henry Street, Penrith NSW 2750 on the terms and conditions listed in this report.

3.    The Common seal of the Council of the City of Penrith be affixed to any necessary documentation.

 

3                 Personal Matter

RECOMMENDED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Bernard Bratusa

CW3 That the information provided in the verbal report be received.

 

 

ADOPTION OF Committee of the Whole

 

94  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 


 

 

Outcome 2 - We plan for our future growth

 

1        Penrith Local Planning Panel and Sydney Western City Planning Panel                                                                                                             

95  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.         The information contained in the report on Penrith Local Planning Panel and Sydney Western City Planning Panel be received.

 

2.         A Councillor Briefing be held to provide Councillors with details of the functions of the Penrith Local Planning Panel and Sydney Western City Planning Panel, including all processes undertaken to prepare for, and conduct, the meetings.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:54pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Locals Recognised in Queen's Birthday Honours                                                             1

 

2        Council trainee wins prestigious award                                                                             2

 

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

Mayoral Minute

Locals Recognised in Queen's Birthday Honours

           

 

It is my great pleasure to congratulate two local residents recognised in the 2019 Queen’s Birthday Honours list.

 

Penrith resident, Lorraine Cochrane OAM and Glenmore Park resident, Pauline Tees OAM have both received a Medal of the Order of Australia for their volunteer work in the local community, in particular their contribution to Werrington Public School’s support unit that has spanned 26 years.

 

Both ladies, as members of Penrith Golf Club, started an annual charity golf day in 1993 to raise funds for the Werrington Public School support unit which assists students with disabilities or special needs.

 

The Charity Golf Day is held every October with around 150 participants each year. Over the last 26 years, the event, which is still run by Lorraine and Pauline has raised a staggering amount in excess of $352,000. These funds have delivered many amazing projects for the children who attend the school, making a significant difference to their lives.

 

The people of Penrith City are well known for their community spirit and both Lorraine and Pauline epitomise that spirit. Volunteers often don’t get the recognition they deserve for the time and effort they give to help others but it is most gratifying to see Lorraine and Pauline’s hard work recognised in this way.

 

On behalf of the community and Council, I would like to take this opportunity to thank Lorraine and Pauline for their contributions to our community and our City over many years and congratulate them once again on receiving our nation’s highest honour.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

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

 

 

 


Ordinary Meeting                                                                                                   24 June 2019

 

Mayoral Minute

Council trainee wins prestigious award

           

 

 

I am very pleased to be able to report that one of Council’s 2018 trainees, Sarah Tracy, has won a prestigious award at the Ministers’ Awards for Women in Local Government at a ceremony at NSW Parliament House on Thursday 6 June.

 

These awards celebrate the contribution of women to local government in NSW and Sarah was successful in the Women in Traineeships or Apprenticeships for a Metropolitan Council award category.

 

Sarah commenced as a Business Administration trainee in the Asset Management Department in January 2018 where she played a key role in streamlining departmental processes helping her supervisor to deliver change and improvements to a newly created administration team.

 

Sarah is still with Council and currently employed as an Administration Officer - Road Openings in the Asset Management Department where she is now part of a trial that is implementing new processes and administration systems in relation to Council’s road reserve.

 

Sarah’s award is a glowing endorsement of the success of our highly regarded traineeship program that has provided a strong foundation for many fantastic careers.

 

Each year around 50 traineeship positions are offered across Council departments, providing great opportunities to students currently studying or completing their HSC and those who want a career change or are returning to the workforce.

 

These trainees gain a variety of experiences that helps them build on their potential and develop vital skills and knowledge while at the same time receiving a nationally recognised qualification and working closely with a team of experienced staff.

 

On behalf of Council I would like to take this opportunity to congratulate Sarah on her success and I look forward to seeing her extend and build on her career here at Council well into the future.

 

 

Councillor Ross Fowler OAM

Mayor

  

RECOMMENDATION

That the Mayoral Minute on Council trainee wins prestigious award be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 June 2019                                                                                                                                              1

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 June, 2019

 

 

 

PRESENT

Councillor Robin Cook (Representative for the Member for Londonderry), Councillor Karen McKeown OAM (Council Representative), Wayne Mitchell – Director Development and Regulatory Services (Chair), Brana Ravichelvan – Roads and Maritime Services (RMS).

IN ATTENDANCE

Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Acting Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Anthony Baradhy – Traffic Engineering Officer, Caitlin Bailey – Traffic Officer, Isaac Mann - Trainee Engineer, Bernie Meier – Signs and Lines Marking Supervisor, Darrell Boggs – Ranger.

 

APOLOGIES

Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Marcus Cornish, Sergeant Matthew Shirvington – Nepean PAC (Police Area Command), Asith Nagodavithane - Transit Systems, David Drozd – Traffic Engineering Coordinator.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 May 2019

The minutes of the Local Traffic Committee Meeting of 6 May 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Explorers Way, St Clair - Proposed Traffic Calming Facilities                 

RECOMMENDED

That:

1.    The information contained in the report on Explorers Way, St Clair - Proposed Traffic Calming Facilities be received.

2.    A project for speed cushions as a traffic calming device along Explorers Way be entered into Council’s Traffic Facilities Prioritisation Program, with locations to be finalised subject to detailed design.

3.    When the project receives priority against other listed sites, Council’s Design Coordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement, subject to community consultation.

4.    Councillor Todd Carney and the resident be advised of Council’s resolution.

 

 

 

 

2        Jamison Road, Penrith - Proposed 'No Parking' Restrictions to Replace Existing 'Bus Zone'                                                                         

Steve Grady of Busways requested that he be given at least seven day’s notice to remove bus stop signs following Council endorsement as he is required to advise Transport for NSW (TfNSW).

RECOMMENDED

That:

1.    The information contained in the report on Jamison Road, Penrith - Proposed 'No Parking' Restrictions to Replace Existing 'Bus Zone'  be received.

2.    The ‘Bus Zone’ outside No. 97 Jamison Road, Penrith be removed and replaced with ‘No Parking’ restrictions, as shown in Appendix 1.

3.    Mr Steve Grady of Busways and the affected residents be advised of Council’s resolution.

 

 

3        High Street, Penrith - High Pedestrian Activity Area Scheme - Design Plan Endorsement (Design Plan AH132)                                                     

RECOMMENDED

That:

1.    The information contained in the report on High Street, Penrith - High Pedestrian Activity Area Scheme - Design Plan Endorsement (Design Plan AH132) be received.

2.    Design Plan AH 132 dated May 2019 be endorsed for construction, with funding provided from the NSW 2019 / 20 Pedestrian Safety Program.

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

 

 

4        High Street, Penrith - High Pedestrian Activity Area Scheme - Design Plan Endorsement (Design Plan AH133)                                                     

RECOMMENDED

That:

1.    The information contained in the report on High Street, Penrith - High Pedestrian Activity Area Scheme - Design Plan Endorsement (Design Plan AH133) be received.

2.    Design Plan AH 133 dated May 2019 be endorsed for construction, with funding provided from the NSW 2019 / 20 Pedestrian Safety Program.

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

 

 

 

5        Doonmore Street, Penrith - High Pedestrian Activity Area Scheme - Design Plan Endorsement (Design Plan AD133)                                        

Brana Ravichelvan of RMS advised of queries that he had regarding Design Plan AD133.

Adam Wilkinson – Engineering Services Manager requested that the report be deferred and Council’s Traffic Officers liaise with RMS regarding Design Plan AD133.

RECOMMENDED

That:

1.     The report be deferred and Council’s Traffic Officers be requested to liaise with RMS regarding Design Plan AD133.

 

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

 

 

6        Bringelly Road and Orth Street, Kingswood - Proposed Changes to Parking Restrictions                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Bringelly Road and Orth Street, Kingswood - Proposed Changes to Parking Restrictions be received.

2.    Consultation be undertaken with adjoining businesses and residents regarding the proposed parking changes on Bringelly Road, Kingswood, from unrestricted parking to ‘2P Monday – Friday’ restricted parking, as shown in Appendix 2.

3.    Consultation be undertaken with adjoining businesses and residents regarding the proposed parking changes on Orth Street, Kingswood, from 1/2 Hour (1/2P) to ‘2P Monday – Friday’ restricted parking, as shown in Appendix 3.

4.    Subject to no substantial objections being received, 36m of ‘2P Monday – Friday’ restricted parking zone be installed on the western side of Bringelly Road, and 55m of ‘2P Monday – Friday’ restricted parking zone be installed on the southern side of Orth Street, Kingswood as shown in Appendix 2 and 3.

5.    Council’s Rangers and the resident that raised the matter be advised of Council’s resolution.

 

 

 

 

 

 

 

 

 

 

 

 

 

7        Kurrajong Road and Maple Road, North St Marys - Proposed Bus Zones and Relocation of 'No Stopping' Signs                                            

Anthony Baradhy – Traffic Engineering Officer advised that in Appendix 5 of this report, a 5 metre extension of the ‘No Stopping’ zone north on Maple Road, North St Marys was shown. Anthony Baradhy clarified that Appendix 5 should have depicted a 3 metre ‘No Stopping’ zone instead as per Recommendation 3.

RECOMMENDED

That:

1.    The information contained in the report on Kurrajong Road and Maple Road, North St Marys - Proposed Bus Zones and Relocation of 'No Stopping' Signs be received.

2.    Consultation be undertaken with affected residents and businesses regarding the proposed installation of Bus Zone signage and removal of two Bus Stops on the northern and southern side of Kurrajong Road, North St Marys as shown in Appendices 2-4.

3.    Consultation be undertaken with affected residents regarding the proposed 3m extension of the ‘No Stopping’ zone north on Maple Road, North St Marys as shown in Appendix 5.

4.    Subject to no substantial objections being received, the proposed Bus Stops on Kurrajong Road be removed and the proposed Bus Zone signage on Kurrajong Road and ‘No Stopping’ zone signage on Maple Road, North St Marys be installed, as shown in Appendices 2-5.

5.    Council’s Rangers and Busways be advised of Council’s resolution.

 

 

8        Empire Circuit and Sydney Smith Drive, Penrith - Proposed STOP Sign Treatment                                                                                                        

RECOMMENDED

That:

1.    The information contained in the report on Empire Circuit and Sydney Smith Drive, Penrith - Proposed STOP Sign Treatment be received.

2.    STOP signage and associated line marking be provided at the intersection of Empire Circuit and Sydney Smith Drive, Penrith, as shown in Appendix 2.

3.    Councillor Karen McKeown OAM, the resident who raised the matter and the residents adjacent to the proposed changes be advised of Council’s resolution.

 

 

 

 

 

 

 

 

 

 

 

9        Sheredan Road, Castlereagh - Proposed Give Way Sign and Line Marking                                                                                                            

RECOMMENDED

That:

1.    The information contained in the report on Sheredan Road, Castlereagh - Proposed Give Way Sign and Line Marking be received.

2.    A ‘Give Way’ sign and associated line marking and 10 metres of double barrier line marking be installed on Sheredan Road at the intersection with East Wilchard Road, Castlereagh, as shown in Appendix 1.

3.    The resident who raised the matter be advised of Council’s resolution.

 

 

GENERAL BUSINESS

 

GB 1           Nepean Gorge Drive, Mulgoa - Endorsement of Signage Plan

Executive Summary

 

The purpose of this report is to seek endorsement of a signage plan associated with subdivision works at 88 Nepean Gorge Drive, Mulgoa. The report recommends that the signage plan be endorsed.

Background

Council has received a signage plan from J. WYNDHAM PRINCE Consulting associated with the Mulgoa subdivision works at 88 Nepean Gorge Drive, Mulgoa. (DA17/0831, Plan No. 110542/CC03, Revision B, dated 3 April 2019)

 

In summary, the plan proposes a cul-de-sac to be constructed at the end of Nepean Gorge Drive, Mulgoa. Approximately 67m of ‘No Stopping’ signage is to be installed around the cul-de-sac with an obstruction marker sign (D4-5) installed just west of the existing driveway.

 

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

 

“…. delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

Current Situation

The signage plan is illustrated in Appendix 1.

 

All costs associated with the installation of the signage and line marking shall be funded by

the applicant.

 

 

RECOMMENDED

That:

1.    The information contained in the report on Nepean Gorge Drive, Mulgoa – Endorsement of Signage Plan be received.

2.    The signage plan prepared by J. WYNDHAM PRINCE Consulting for the Mulgoa subdivision works at 88 Nepean Gorge Drive, Mulgoa (Plan No. 110542/CC03, Revision B, dated 3 April 2019) be endorsed for construction, as shown in Appendix 1.

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

4.    All costs associated with the installation of the signage to be funded by the applicant.

 

5.    The applicant be advised of Council’s decision.

 

 

GB 2           Caddens Road, Caddens - Endorsement of Signage and Line        Marking Plan          

Executive Summary

 

The purpose of this report is to consider the installation of signage and line marking associated with the approved Caddens Hill subdivision. The report recommends that the signage and line marking plans for Caddens Road, Caddens be endorsed for construction.

Background

Council has received a signage and line marking plan from J. WYNDHAM PRINCE Consulting associated with the approved Caddens Hill subdivision related to DA17/0508 (Plan No. 110358/CC831, Revision E, dated 27 May 2019).

 

In summary, the plan proposes the installation of 2.6m parking shoulders and double barrier line marking along Caddens Road between Heaton Avenue and the property boundary of 259 and 262 Caddens Road. The plan also proposes the installation of east bound and west bound bus stops and bus zone restrictions for a length of 30m.

 

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

 

“….delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

Current Situation

In accordance with Council’s resolution, the signage and line marking plan (as shown in

Appendix 1) was referred to RMS and Police for comments.

 

All costs associated with the installation of the signage and line marking shall be funded by

the applicant.

 

 

RECOMMENDED

That:

1.      The information contained in the report on Caddens Road, Caddens - Endorsement of Signage and Line Marking Plan be received.

2.      The signage and line marking plan prepared by J. WYNDHAM PRINCE       Consulting associated with the approved Caddens Hill subdivision (Plan      No. 110358/CC831, Revision E, dated 27 May 2019) be endorsed for construction, as shown in Appendix 1.

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

 

 

GB 3           St Marys Spring Festival and Parade - Saturday, 7 September       2019

Executive Summary

The purpose of this report is to consider the Traffic Management Plan (TMP) for the St Marys Spring Festival and Street Parade to be held on Saturday 7 September 2019.  The report recommends that the TMP for the event be endorsed, subject to conditions.

Current Situation

Council has received a request from St Marys Town Centre Ltd for endorsement of the traffic management arrangements for the annual St Marys Spring Festival and Street Parade to be held on Saturday 7 September 2019, commencing at 9.00am (with set up time from 7.00am) and concluding at 3.00pm (with pack up time to 5.00pm).

 

The event is considered as a part Class 2 and part Class 4 Event under the “Guide to Traffic and Transport management for Special Events” and requires a TMP and a Risk Management Plan to be prepared and submitted to the RMS for approval prior to the event. 

 

The Festival is a street fair held in Queen Street, with approximately 200 stalls and displays are set up on both sides of the road, in addition to the stages for entertainment and amusement rides. A parade of moving vehicles and walking groups will also be held between 12.15pm and 1.30pm.

 

The event has been successfully held in previous years and no traffic concerns have been raised.

 

The following roads will require temporary closure during the times specified to enable sufficient time to set up, operate and disassemble the street fair stalls, and the set up and running of the parade.

 

Event Closures  7.00am-5.00pm

Queen Street (between Nariel Street and King Street)                                                 

Belar Street (between Queen Street and West Lane)                                                   

Charles Hackett Drive (between Queen Street and Carinya Ave)                                

Crana Street (between Queen Street and West Lane)                                                  

West Lane (between Charles Hackett Drive and Crana Street)                                    

Chapel Street (between Queen Street and East Lane)                                                 

Phillip Street (between Queen Street and East Lane)                                                   

 

Parade Marshalling Area Closures  11.00am-1.00pm

Waratah Street (between Kalang Ave and Acacia Ave)                    

Merinda Street (between Kalang Ave and Acacia Ave)                     

Acacia Avenue                                                                                   

Araluen Avenue                                                                                  

 

Parade Closures  12.15pm-1.30pm*

Merinda Street (between Acacia Avenue and Carinya Ave)                                         

Carinya Avenue (between Merinda Street and Nariel Street)                                       

Nariel Street (between Carinya Avenue and Queen Street)                                          

Carsons Lane (between Queen St and Carinya Ave)                                                   

Queen Street (between King Street and GWH)                                                                 

  (*opening as required to allow vintage cars exit to GWH)

 

Festival

When Queen Street is closed at 7.00am, event personnel (wearing identification) will be on duty along Queen Street to direct stallholders to their sites.  Stallholders’ vehicles will then be removed from the street by 9.00am. Any marshals directing traffic will have RMS accreditation. Access for emergency vehicles will be made available throughout the event. 

Stallholders will vacate Queen Street by 5.00pm, at which time the street will re-open.

 

Street Parade

The parade will once again assemble at 11.45am in Jack Jewry Reserve and will leave the corner of Acacia Avenue and Merinda Street at 12.30pm and turn left into Carinya Avenue, right into Nariel Street and right into Queen Street. It will then proceed south to Carsons Lane, where it will disperse. The Parade is estimated to conclude by 1.30pm. 

 

As in previous years, any disruptions to taxi and bus operations will be minimised, particularly around St Marys Railway Station. All affected residents, businesses, bus companies and emergency services will be notified of the arrangements two weeks prior to the event.

 

 

RECOMMENDED

That:

1.    The information contained in the report on St Marys Spring Festival and Street Parade - Saturday, 7 September 2019 be received.

2.    The Traffic Management Plans for the Class 2 and Class 4 Special Events pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events 2006” for the St Marys Spring Festival on Saturday, 7 September, 2019 be endorsed, subject to the following conditions:

(a)  Approval be given for the temporary closure of the following roads for the duration of the events: -

Event Closures  7.00am-5.00pm

Queen Street (between Nariel Street and King Street)          

Belar Street (between Queen Street and West Lane)            

Charles Hackett Drive (between Queen Street and Carinya Ave)       

Crana Street (between Queen Street and West Lane)           

West Lane (between Charles Hackett Drive and Crana Street)  

Chapel Street (between Queen Street and East Lane)          

Phillip Street (between Queen Street and East Lane)            

 

Parade Marshalling Area Closures  11.00am-1.00pm

Waratah Street (between Kalang Ave and Acacia Ave)                    

Merinda Street (between Kalang Ave and Acacia Ave)                     

Acacia Avenue                                                                                    

Araluen Avenue                                                                                 

 

Parade Closures  12.15pm-1.30pm*

Merinda Street (between Acacia Avenue and Carinya Ave)  

Carinya Avenue (between Merinda Street and Nariel Street)

Nariel Street (between Carinya Avenue and Queen Street)   

Carsons Lane (between Queen St and Carinya Ave)            

Queen Street (between King Street and GWH)                          

  (*opening as required to allow vintage cars exit to GWH)

 

(b)  A Traffic Management Plan and Traffic Control Plan detailing each event, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services for approval and NSW Police for information prior to the events.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the events.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the events.

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

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

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

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

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

(h) Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the events (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

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

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

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

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

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

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

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

 

 

GB 4           Henry Street, Penrith - Endorsement of Design Plan AH134 

Executive Summary

The purpose of this report is to seek endorsement for design plan AH134 dated May 2019 for a raised threshold device in Henry Street, Penrith. The report recommends that the design be endorsed for construction.

Background

At its meeting on 4 March 2019, the Local Traffic Committee considered a report on the Penrith CBD - High Pedestrian Area Scheme Extension. The report recommended in part that;

 

“2.     All detailed design plans for traffic calming devices, be presented through    the   Local Traffic Committee prior to construction, and all relevant       residential and     business consultation take place.

 

3.     A lighting assessment be undertaken to ensure compliance with the relevant lighting category.”

 

The overall scheme includes traffic calming devices such as road narrowing and vertical traffic calming as well as specific 40km/h High Pedestrian Activity Area signage. Council previously installed a High Pedestrian Area Scheme in Penrith in 2010 and in St Marys in 2013. As the dynamics of the Penrith City Centre are changing, with additional crossings being built to support our walking community and ensuring safety of pedestrians walking to our schools, the devices are welcome additions to the City Centre.

 

 

Current Situation

Council’s Design Section have now provided a design plan for Henry Street, Penrith near Doonmore Street to install a raised threshold device and associated advisory signs and line marking immediately east of the roundabout as shown in Appendix 1.

 

Council’s Design Section advises that the proposal has been designed to best practice when considering the Roads and Maritime Services supplement, Austroads and Australian Standards requirements.

 

The project is 100% funded (No Council contribution) under the NSW 2018/19 Pedestrian Safety Program, with construction required to be completed by 30 June 2019. The proposal, together with the subject design plans, are submitted for endorsement.

 

As with all designs involving traffic facilities, a lighting assessment will be undertaken to ensure compliance with the relevant lighting category.

 

 

RECOMMENDED

That:

1.      The information contained in the report on Henry Street, Penrith –       Endorsement for Design Plan AH134 be received.

2.      Design Plan AH134 dated May 2018 be endorsed for construction, with        funding provided from the NSW 2018 / 19 Pedestrian Safety Program.

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

 

 

GB 5           Second Avenue and Eighth Avenue, Llandilo - Endorsement for   Design Plan BN429       

Executive Summary

The purpose of this report is to seek endorsement for design plan BN429 amended May 2019 for roundabout redesign at the intersection of Second Avenue and Eighth Avenue, Llandilo. The report recommends that the design be endorsed for construction.

 

Background

Design Plan BN429 was produced by Council’s design section in May 2017 to facilitate scheduled drainage upgrades at this location. The design plan was not presented to Council’s Traffic Section nor to Local Traffic Committee at that time because there were no proposed changes to the roundabout. It would simply replace like for like after it was dug up for the drainage works.

 

Construction for the proposed works commenced in May 2019 during which a local resident and truck driver raised the matter of trucks having to mount the existing concrete splitter islands in order to negotiate the roundabout. The matter was then raised by Councillor Kevin Crameri OAM at the Ordinary Meeting of Monday 27 May 2019 and subsequently it was resolved that the works should stop even though construction had already commenced.

 

 

Current Situation

The matter has been investigated and heavy vehicle swept paths overlaid onto the plans (see Appendix 2 and 3) indicate that trucks cannot negotiate the roundabout without mounting the splitter islands, as was pointed out by the resident.

 

Council’s Design Section have now provided an amended design plan for the roundabout, which replaces the existing concrete splitter islands with fully mountable (50mm high) concrete splitter islands to facilitate heavy vehicles, as shown in Appendix 1.

 

Council’s Design Section advises that the proposal has been designed to best practice when considering the Roads and Maritime Services supplement, Austroads and Australian Standards requirements. The project to replace the splitter islands is to be funded by Council’s City Presentation Department. The proposal, together with the subject design plans, are submitted for endorsement.

 

 

RECOMMENDED

That:

1.      The information contained in the report on Second Avenue and Eighth          Avenue, Llandilo - Endorsement for Design Plan BN429 be received.

2.      Design Plan BN429 dated May 2017 and amended May 2019 be endorsed for construction, with funding provided from Council’s City Presentation    Department budget.

3.      The existing ‘Keep Left’ signage on the roundabout splitter islands be removed.

 

 

GB 6           Towle Close, Emu Plains - Illegal Parking of Heavy Vehicles

Councillor Karen McKeown OAM (Council Representative) advised the Committee of concerns raised by residents of Towle Close, Emu Plains of heavy vehicles illegally parking in Towle Close, Emu Plains. Councillor Karen McKeown OAM (Council Representative) requested for ongoing Ranger patrols and enforcement.

RECOMMENDED

          That:

1.   Council’s Rangers be requested to conduct ongoing patrols and enforcement of illegally parked heavy vehicles in Towle Close, Emu Plains.

 

2.   Council’s Rangers advise Councillor Karen McKeown OAM (Council Representative) of the outcome.

 

 

GB 7           New Busways Bus Timetables and Additional Low-Floor Buses   

Steve Grady of Busways advised the Committee of new bus timetables that came into effect last weekend. Steve Grady advised that there are little changes to the bus timetables for Penrith.

Steve Grady also advised the Committee that additional low-floor buses are in the system and will be operating in various locations including near Nepean Hospital.

RECOMMENDED

          That the Committee note the information.

 

GB 8           Roundabout at Andrews Road and Greygums Road, Cranebrook - Thanks to Council Staff     

Steve Grady of Busways advised the Committee that the roundabout at the intersection of Andrews Road and Greygums Road, Cranebrook is operating well and he expressed his thanks to Council for constructing the roundabout.

RECOMMENDED

          That the Committee note the information.

 

 

GB 9           Closure of Castlereagh Road, Penrith - Feedback         

Steve Grady of Busways advised the Committee about major delays that occurred from 24 – 27 May 2019 due to the RMS road closure of Castlereagh Road, Penrith between Jane Street and Museum Drive. Steve Grady also advised that although there were delays, bus operation went well.

RECOMMENDED

          That the Committee note the information.

 

 

GB 10         Retirement of Ruth Byrnes, Senior Traffic Officer         

Adam Wilkinson – Engineering Services Manager advised the Committee that this would be Ruth Byrnes, Senior Traffic Officer’s last LTC meeting and advised that Ruth Byrnes is retiring after 16 years at Penrith City Council.

Adam Wilkinson also expressed his thanks to Ruth Byrnes for all her time in Engineering Services and at Penrith City Council.

Wayne Mitchell – Director Development and Regulatory Services also expressed his thanks to Ruth Byrnes.

RECOMMENDED

          That the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed and the time being 9:50am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 June, 2019 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        International Relations Program 2019                                                                               1

 

Outcome 3 - We can get around the City

 

2        Australian Government Blackspot Program and NSW Safer Roads Program 2020/21 Nominations                                                                                                                       7

 

Outcome 4 - We have safe, vibrant places

 

3        Physical closure of Sennar Lane, Erskine Park                                                               13

 

4        RFT 18/19-28 Childcare Centre Refurbishment Works Tandara and Wattle Glenn       19

 

5        RFT 18/119-18 Cleaning of Community Facilities, Libraries and St Marys Queen Street Administration Building                                                                                                     23

 

Outcome 6 - We are healthy and share strong community spirit

 

6        Hawkesbury Animal Shelter Agreement                                                                          39

 

Outcome 7 - We have confidence in our Council

 

7        Outdoor Dining Policy                                                                                                      45

 

8        Write off of unrecoverable Sundry Debtor accounts                                                        49

 

9        Accelerated Public Lighting Program                                                                               52

 

10      Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited     55

 

11      Adoption of Delivery Program 2017-21 and 2019-20 Operational Plan                          57

 

12      Code of Meeting Practice                                                                                                 68

 

13      Local Government NSW Annual Conference 2019                                                         72

 

14      Summary of Investments & Banking for the Period 1 May 2019 to 31 May 2019          75

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        International Relations Program 2019                                                                               1

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

 

 

1

International Relations Program 2019   

 

Compiled by:               Stephanie Loobeek Wood, Marketing Officer

Authorised by:            Rebecca Hackney, Communications and Marketing Manager  

 

Outcome

We can work close to home

Strategy

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

Service Activity

Actively promote and market the New West

      

 

Executive Summary

 

This report advises that Council has received invitations to visit our international partners in Fujieda and Hakusan in 2019 to celebrate our significant Sister-City anniversaries (Fujieda 35 years, Hakusan 30 years). These invitations present an opportunity to build on the contemporary strategic approach to achieve economic outcomes for Penrith City across Japan.

 

As part of this visit Council’s Economic Initiatives team is working to secure meetings with leading trade, commerce and development organisations to promote Penrith’s bold New West vision, world leading developments and unique opportunities for investment.

 

It is recommended that the Mayor accepts these invitations for October this year. The Penrith International Friendship Committee will be given the opportunity to participate in the cultural component of this visit along with other business leaders with significant involvement in the economic development of the LGA who will be given the opportunity to participate in the economic initiatives component of this visit.

 

Current Situation

Penrith has longstanding relationships with two cities in Japan, one of these goes back over 35 years to 1984 and the other over 30 years to 1989. During this time our Sister City agreements have broadened the range of cultural, sporting, education, economic and arts exchange programs for the benefit of our respective communities.

 

A brief visit to both Fujieda and Hakusan to celebrate our significant Sister City anniversaries, will allow Penrith to build upon our strong cultural relationships and further develop our international economic initiatives.

 

Inward investment opportunities

Council is committed to implementing an inward investment and marketing strategy to ensure we get the right investments in Penrith that make for a liveable City and bring jobs closer to home. To achieve that, our inward investment and marketing program requires strategic engagement with international partners. This visit to Japan presents an opportunity for Council to do just that.

 

As such, we will use this opportunity to promote Penrith to potential international investors. In 2018, we launched the extension of our “New West” investment brand to include the Aerotropolis and Northern Gateway precincts along with the Penrith City Centre development opportunities already available. This extension was well received in canvassing the high level investment opportunities available in Penrith.

 

The meetings and engagement we have planned for this visit will be with a series of potential Japanese partners to discuss the industry advantages of Penrith, the benefits of our proximity to the Western Sydney Airport and development opportunities available in our city. The meetings we have scheduled are as follows:

 

Shizuoka Prefecture Business Development Office, Division of Commerce and Industry. The purpose of this meeting is to discuss their industrial Cluster Project in Food science and Pharma and Optoelectronic technology to see what opportunities it might create for the Quarter (Penrith’s Health and Education precinct). 

 

Australian Trade Commissioner to Japan and Korea. The purpose of this discussion is to present Penrith’s unique opportunities for direct foreign investment within the City Centre, Northern Gateway and the Aerotropolis precinct with regards to industries of advanced manufacturing, agribusiness, health and education.

 

Urban Renaissance Agency (URA). (URA) is a MOU signatory to the Western Sydney Aerotropolis. The purpose of this meeting is to discuss with this agency the development opportunities of Penrith City and St Marys City centres and the opportunities that the North-South rail creates for Penrith.

 

It is proposed that the General Manager, Economic Initiatives Manager and Marketing Officer participate in the delegation in support of the Mayor and to liaise with their counterparts at official functions.

 

Conclusion

For more than 35 years our international partnerships have facilitated information exchanges, community and economic collaborations and the opportunity for a broad section of community groups and individuals in our City to be involved in unique international opportunities.

 

It is considered important for our region to promote economic opportunities, using our significant cultural links to do so. The proposed program of visits will increase potential for positive economic outcomes and investment. The outlined approach will leverage important links with our key international partners to explore new economic opportunities and deliver on the aspirations of our city and Council’s organisational outcomes.

 

Funds are available within the Corporate Communications and Marketing budget to undertake this delegation.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on International Relations Program 2019 be received.

2.    Council endorse the attendance of the Mayor in visiting Japan in October 2019.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 2 - We plan for our future growth

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

2        Australian Government Blackspot Program and NSW Safer Roads Program 2020/21 Nominations                                                                                                                       7

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

 

 

2

Australian Government Blackspot Program and NSW Safer Roads Program 2020/21 Nominations   

 

Compiled by:               David Drozd, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage programs and initiatives that improve road safety and efficiency

      

 

Executive Summary

The purpose of this report is to advise Council of projects being prepared under the Australian Government Blackspot Program and NSW Safer Roads Program 2020/21.  The report recommends that the projects being prepared for submission to the NSW Black Spot Consultative Panel of the Roads and Maritime Services (RMS) be endorsed.

Background

Council has been very successful in obtaining funding for life and injury saving protection measures across its network for many years. In the past 5 years alone, Council has secured some $5,074,325 in funding for Blackspot and Safer Roads projects, which are in turn delivering community savings right across the network.

 

The RMS has now invited Council to identify and nominate new conforming projects for the Australian Government Blackspot Program and NSW Safer Roads Program 2020/21, and to forward its submissions to the NSW Black Spot Consultative Panel by 31 July 2019.

 

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

 

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

 

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

 

Current Situation

The following ten projects, listed in Table 1 (below), are proposed to be submitted by Council’s traffic section for nomination under the Australian Government Blackspot Program and NSW Safer Roads Program 2020/21. 

 

Analysis of the accidents is based on the RMS recorded accident data available to Council for the five-year period from 1 July 2013 to 30 June 2018.  Nominated projects were prioritised according to the number of injury crashes that had occurred over the five-year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.

 

Projects were shortlisted from the total list of identified locations in the Local Government Area (LGA) that met the minimum eligibility criteria for the program. The final list of projects offers the Penrith LGA the greatest yield in terms of accident savings for the nomination year and accordingly are the highest ranked against the established criteria. The following list is sorted in order of accident severity, with costing to determine final Benefit Cost Ratio calculations when lodgement is made in the RMS Portal.

 

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

‘Australian Government Blackspot Program and NSW Safer Roads Program 2020/21’

 

Street

Intersection

Injury Crashes

Suggested Improvements

 

Cost

1

Forrester Road, St Marys

1 Km Blackspot between Glossop St and Christie St

11

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

$300,000

2

Maxwell St, South Penrith

800m Length from Evan St to Fragar Rd

11

Provision of Raised Pedestrian Crossing and Roundabout

$350,000

3

Glossop St, St Marys

Adelaide Street

10

Development of Traffic Signal Project

TBC

4

Andrews Road, Cranebrook

Laycock Street

8

Development of Traffic Signal Project

TBC

5

Derby Street, Penrith

Doonmore Street

7

Traffic calming provisions within existing roundabout

$100,000

6

Derby Street, Penrith

Woodriff St

6

Traffic calming provisions within existing roundabout

$100,000

7

Reserve Street, Penrith

Station Street

4

Single lane roundabout

$300,000

8

The Crescent, Penrith

Length treatment

3

Median island and Pedestrian treatment project

$175,000

9

Shepherd Street, Colyton

Length treatment

3

Provision of Roundabout at Marsden Rd as well as traffic calming on Shepherd St

$250,000

10

Sydney St, Oxley Park

Canberra St

2

Single Lane Roundabout

$200,000

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

 

TABLE 2.

List of Sites Under RMS Control & Management

 

Item


Primary Road

Intersecting Street

Total Number of Casualty Accidents (5 yrs)

1

THE NORTHERN RD

M4 MOTORWAY

18

2

THE NORTHERN RD

ANDROMEDA DRV

17

3

GREAT WESTERN HWY

RIVER RD

15

4

MAMRE RD

M4 MOTORWAY

15

5

MULGOA RD

M4 MOTORWAY

14

6

MAMRE RD

SADDINGTON ST

11

7

PARKER ST

COPELAND ST

11

8

PARKER ST

DERBY ST

10

9

ERSKINE PARK RD

SWALLOW DRV

9

10

GREAT WESTERN HWY

WERRINGTON RD

9

 

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

 

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

 

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

 

Conclusion

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Australian Government Blackspot Program and NSW Safer Roads Program 2020/21 Nominations be received.

2.    Council endorse the ten projects listed in Table 1 of this report for funding  application to the Roads and Maritime Services under the Australian Government Blackspot Program and NSW Safer Roads Program 2020/21.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

3        Physical closure of Sennar Lane, Erskine Park                                                               13

 

4        RFT 18/19-28 Childcare Centre Refurbishment Works Tandara and Wattle Glenn       19

 

5        RFT 18/119-18 Cleaning of Community Facilities, Libraries and St Marys Queen Street Administration Building                                                                                                     23

 

 

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

 

 

3

Physical closure of Sennar Lane, Erskine Park   

 

Compiled by:               Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain a Community Safety Plan for the City

      

 

Executive Summary

Sennar Lane, Erskine Park is a pedestrian laneway providing an informal connection between Sennar Road and a large tract of open space owned by the NSW Department of Planning and Environment (NSW DP&E).

 

In response to requests for closure from adjoining residents experiencing ongoing vandalism to their property, Sennar Lane has been assessed for suitability for physical closure that includes installation of security fencing and gates.

 

An assessment of Sennar Lane for closure was commenced by Council’s Community Safety team in late February 2019. The assessment was conducted in accordance with Council’s endorsed approach and has now concluded. This included a physical assessment of the laneway, consultation with police and adjoining property owners, and public notices to invite the local community to comment on the proposed laneway closure. A small number of responses were received in response to the proposal, with only one (1) submission received in opposition.

 

This report outlines the findings of the assessment (detailed in Appendix 1) and recommends that Council support the total physical closure of Sennar Lane, Erskine Park, through the installation of suitable security fencing and gates. 

Background

Council’s Community Safety Plan 2018-22 identifies public space safety as a key priority area for Council and our community. Council is committed to working with our community and local partners to provide public spaces which are safe, inclusive, well-utilised and well-maintained. This includes a vast number of Council-managed pedestrian laneways across the city.

 

The Penrith Local Government Area (LGA) has a total of 327 pedestrian laneways, the majority of which provide safe and convenient access for local communities. In some laneways, repeated incidents of antisocial behaviour, malicious damage (including graffiti) and other issues can occur, impacting negatively on the property and perceptions of safety.

 

In addition to the cost of repairs associated with physical property damage, intermittent events in pedestrian laneways can have a cumulative negative impact on the well-being of neighbouring families. Council has a responsibility to work with local residents to assist in addressing the issues of concern.

 

Prior to commencing investigations into physical laneway closure, Council’s Community Safety team will consider the suitability other treatments to minimise the issues. This can include supporting residents and others to be diligent in reporting incidents to local police; or consideration of other practical community safety or Crime Prevention Through Environmental Design (CPTED) measures (such as bollards and lighting) that may assist in minimising the issues occurring.

 

In some cases, the physical characteristics of a laneway and the nature of the issues occurring mean that persistent police reporting and CPTED treatments are not always an effective strategy to reduce the negative impacts for residents. In these instances, further investigations are progressed into the suitability of the laneway for physical closure. These investigations are conducted in accordance with Council’s adopted procedures. 

 

Procedures for assessing pedestrian laneways for physical closure

The adopted procedure for assessing pedestrian laneways for physical closure involves the gathering of a significant amount of data including:

 

1.   Pedestrian usage patterns, including:

§ Total daytime pedestrian usage;

§ Age range of users including school age children;

§ Determination of peak usage times of the laneway;

2.   Measurement of the length of detour if the laneway was to be closed;

3.   Determination of the presence of an overland drainage flow path;

4.   Presence of utility services, including lighting;

5.   Direct consultation with adjoining property owners, including request to report all negative events to the local police;

6.   Consultation with neighbourhood stakeholders including a letter to residents, to measure the level of support or otherwise for the closure of the laneway;

7.   Consultation with the police to retrieve any relevant statistics concerning events associated with the laneways. 

 

Based on the results of the above assessment, the laneway can either:

 

a)   Be physically closed through the installation of appropriate security gates and fencing;

b)   Remain open and continue to be treated with the appropriate Crime Prevention through Environmental Design (CPTED) initiatives via consultation with adjoining owners, including the option of constructing low level side fences along the laneway boundary between the building frontage and property boundary;

 

The assessment of laneways for physical closure (with security gates and fencing) in response to vandalism or community safety concerns is the responsibility of the Community Safety team. If the laneway is physically closed, the option of legal closure and sale is left open and subject to initiation by adjoining property owners. Permanent closure and sale of laneways is the responsibility of Council’s Property Development team.

 

Request for the physical closure of Sennar Lane, Erksine Park 

 

At Council’s Ordinary Meeting on 25 February 2019, a request was made by Clr Hitchen that Council officers consider the closure of Sennar Lane, Erskine Park.

 

The request for closure was prompted by concerns raised by the local community regarding antisocial behaviour in and around Sennar Lane, which provides an informal pedestrian connection to a large tract of public space owned and managed by the NSW DP&E.

 

Direct representations requesting the closure of Sennar Lane were also made to Council’s Community Safety team by concerned neighbouring residents. Residents reported antisocial behaviour and repeated incidents of vandalism to their colorbond fencing adjoining the laneway and to the rear of their property (refer Figure 1). In discussions with Council staff, residents outlined the ongoing stress caused by the damage, costs of continued repairs and negative impact on their wellbeing as a result of the issues. These concerns have also been reported to Nepean Police Area Command.

 

Figure 1: Damage to fence panels at rear of property 15 Sennar Road (adjoining NSW DP&E land)

 

Sennar Lane - Location and Context

 

Sennar Lane is located between residential properties 15 and 16 Sennar Road, Erskine Park (refer Figure 2). The laneway is approximately 42 metres in length and is one of a number of laneways providing an informal pedestrian connection from Sennar Road to 22.5 hectares of bushland owned by the NSW DP&E along the suburb’s eastern boundary.

 

The majority of laneways along the eastern boundary of Erskine Park were designed as to provide overland waterflow drainage easements. Pedestrian access to adjoining land has been a ‘by-product.

 

Access to Sennar Lane is already partially restricted through existing low-level post and rail fencing which blocks pedestrian and vehicle access (refer Figure 3). This type of use of post and rail fencing is a non-standard safety treatment for pedestrian laneways. Although there are no records to provide details of its installation, the barrier has likely been installed to deter access to trailbikes and other recreational vehicles which have been a long-standing community concern in Erskine Park. This is an issue Council has worked collaboratively with the local Police trailbike squad to address in Erskine Park. 

 

Although existing fencing does not completely secure the laneway, pedestrians are required to climb over the existing fence to gain access to the laneway and to NSW DP&E land to the rear. In its current state, access to Sennar Lane for people with prams, limited mobility or people with bicycles is practically impossible. 

 

Figure 2: Aerial Photograph of Sennar Lane, Erskine Park

 

The majority of other access points leading to the Erskine Park NSW DP&E land also have safety measures in place to restrict vehicle and/or pedestrian access to some degree. This includes partial restrictions (with bollards and/or post and rail fencing), or complete closure through security style fencing and/or gates. These have been implemented largely as a safety measure to prohibit laneway access for motorbikes and trailbikes, or in response to vandalism and antisocial behaviour.

 

A small number of laneways in Erskine Park have also been permanently closed through legal closure and subsequent sale to neighbouring property owners. This includes nearby Weaver Lane and Otter Lane which also lead to the NSW DP&E land.

 

Formalising the closure of Sennar Lane will not restrict access to NSW DP&E land completely due to the availability of other access points along the eastern boundary of Erskine Park (refer Figure 4). However, in light of repeated incidents of malicious damage to neighbouring fencing, lack of passive surveillance to the laneway and access restrictions already in place, it is considered a logical step to recommend formalising the closure of Sennar Lane (with fencing and gates) to assist in reducing opportunities for vandalism to properties adjoining the laneway.

 

Figure 3: Existing post and rail fencing partially restricting access in Sennar Lane, Erskine Park

 

Assessment for the closure of Sennar Lane

 

An assessment of Sennar Lane was commenced by Council’s Community Safety team in late February 2019 in accordance with Council’s adopted procedures (outlined earlier on page 2).

 

The assessment process included public notices and writing to residents in the immediate area. Council officers went beyond the legislated requirements and posted notices in the area. The notification process resulted in one letter of support for the closure and one letter expressing opposition. The letter opposing the closure outlined the inconvenience of having to walk further to access the land owned by DP&E, and it is noteworthy that the closure may result in detours of around a kilometre for this resident. These responses are viewed in light of the request for closure and the day to day concerns for residents immediately adjacent to the laneway.

 

The assessment has pointed to the physical closure of Sennar Lane and is a recommendation of this report. The findings of the assessment are detailed in Appendix 1.

 

 

Conclusion

 

An assessment of the suitability of Sennar Lane, Erskine Park, for physical closure (with suitable security fencing and gates) has now been completed.

 

The assessment was prompted by representations from adjoining property owners regarding ongoing incidents of malicious damage, which have been confirmed by local Police.

 

Whilst Sennar Lane provides an informal connection between Sennar Road and large open space owned and managed by NSW DP&E, access to the laneway is already partially restricted though existing fencing which makes current access impractical and unsafe. The current use of non-standard safety treatments in Sennar Lane already make access all but impossible for people with prams, people in wheelchairs or people with bicycles.

 

The position of the laneway adjoining open space reduces opportunities for passive surveillance of the laneway, particularly at night, which heightens the risk for antisocial behaviour and malicious damage to occur. This has been a contributing factor in the persistent incidents of vandalism in the laneway, which have continued to have a negative impact on neighbouring property owners.

 

Public notices were advertised seeking community comment in response to the proposal. Only two submissions were received in response – one in support of closure due to negative impacts on adjoining residents, and one in opposition due to the length of the detour to NSW DP&E land if the closure was supported.

 

With regard to the above findings, it is recommended that Sennar Lane, Erskine Park, is physically closed through the use of security gates and fencing to completely restrict pedestrian and vehicle access. The laneway would continue to be maintained by Council, and the option for purchase of Sennar Lane by adjoining property owners would remain open, should interest be expressed, in accordance with Council policy.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Physical closure of Sennar Lane, Erskine Park be received;

2.    Council support the total physical closure of Sennar Lane, Erskine Park, through the installation of suitable security fencing and gates, in consultation with adjoining property owners;

3.    Council writes to residents in the adjoining area as well as those people that made formal representations for and against the closure, outlining the decision.

4.    The option for purchase of Sennar Lane by adjoining property owners remain open, should interest be expressed, in accordance with Council policy.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

4

RFT 18/19-28 Childcare Centre Refurbishment Works Tandara and Wattle Glenn   

 

Compiled by:               Greg Bretherton, Project Supervisor

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

A Tender for the refurbishment of two council owned Child Care buildings- Tandara, South Penrith and Wattle Glenn, Cambridge Gardens was advertised in the Western Weekender on April 29,  2019 and the Sydney Morning Herald on the May 2, 2019. The tender closed on June 3, 2019.

 

This report advises Council of the outcome of the tender process and recommends that the tender from DICE Contracting Pty Ltd for the full scope of works outlined in RFT18/19-28 Refurbishment of Council Childcare facilities Tandara and Wattle Glenn is accepted in the amount of  $1,049,172.81 excluding GST).

Background

Penrith City Council has allocated funding for the refurbishment of a number of Childcare centres in its 18/19 Assert Renewal Program (ARP) in conjunction with councils Childrens Services department.  Tandara, South Penrith  and Wattle Glenn, Cambridge Park were the two centres highlighted as requiring significant refurbishment for the 18/19 financial year. A combined tender was issued for both sites due to the similarity of the projects and a cost saving for council by having the one builder complete both projects simultaneously.

Work at each site features the following;

·    Access improvements – improved access carparking, new entry paths and main entry points to the buildings as  well as improving main paths of travel within the buildings.

·    Bathroom refurbishments including full accessibility

·    Re-design and improvements to staff and childrens facilities including offices, play areas, laundries, storerooms and baby change rooms.

·    Kitchen refurbishments to bring facilities up to current food preparation standards

·    Upgrades to existing Air Conditioning systems

·    Improvements to security, lighting and power (including bringing existing services up to current codes)

·    Installation of new external façade work and signage to create a modern and standardised look across councils childcare facilities.

·    General ‘cosmetic’ work including internal and external painting, roof and gutter repairs, new flooring, repairs to existing joinery, new door hardware, and security screens.

·    Minor landscape works, new paving and fencing

 

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

Tender Evaluation Process

The Tender Evaluation Committee consisted of Jade Bradbury – Business Manager for Childrens Services, Greg Bretherton- Project Supervisor 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  and details (Direct labour and Sub Contractors)

·    Support of Local Businesses within the Penrith LGA - Suppliers and Contractors

·    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

Avant Build Pty Ltd

$788,374.34

Chatswood NSW

Hamid Aminian

DICE Contracting Pty Ltd

$1,049,172.81

Rydalmere NSW

Raymond Pratt

SOFC Pty Ltd

$1,058,952.39

Sydney City NSW

Keith Sheppard

Mainserve Australia Pty Ltd

$1,155,900.00

Brighton-Le-Sands NSW

Bill Bakas

Coverit Building Group Pty Ltd

$1,397,680.00

Penrith NSW

Shane Comans

Auscare Constructions Pty Ltd

$1,428,809.00

Leichardt  NSW

Richard Sapsford

Raguz Building Services Pty Ltd

$1,434,667.26

Kingsgrove NSW

Ilija Raguz

We Build Australia Pty Ltd

$1,461,295.87

Newington NSW

Anthony Saade

Hanna Saade

MMS Group Pty Ltd

$1,574,147 73

Molendinar QLD

Wayne Hemi

Kellyville Building Pty Ltd

$1,632,875.67

Kellyville NSW

B&M Bruton

Rock Build Developments Pty Ltd

$1,625,912.54

Bankstown NSW

Raymond Azar

Jim Kaplanis

Trinity Quality interiors Pty Ltd

$1,770,585.00

Hurstville NSW

Trevor and Benjamin Lloyd

Haylie Logan – All Trades

$2,312,164.00

Alexandria NSW

Francois Tarabay

 

The four (4) lowest priced 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 from DICE Contracting Pty Ltd, Avant Build Pty Ltd, Mainserve Australia Pty Ltd and SOFC Pty Ltd

 

The remaining tenders were not considered for the evaluation as their tender price was significantly higher than the budgeted price range.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from DICE Contracting Pty Ltd was considered by the Tender Evaluation Committee to best fulfil councils proposal based on this companies tender responses and in particular their experience with similar sized childcare projects and subsequent positive references from the relevant State Government bodies (Family and Community Services).  This was the second lowest priced Tender.

 

The lowest price tender Avant Build Pty Ltd failed to demonstrate adequate relevant experience and their tender responses scored poorly across a range of criteria.

 

The recommended company, DICE Contracting Pty Ltd was selected based on their:

 

1)      Compliance with the tender evaluation criteria,

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

3)      Competitive price for the services offered.

 

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

Recommended Tenderer

DICE Contracting Pty Ltd is a mid-sized building company operating from Rydalmere in Sydney. The company has experience across a broad range of industries including but not limited to Pharmaceutical, Construction, Hospitality, Retail, Manufacturing, Defence, Utility Supply, Child Care, Health, Strata Property, Logistics and Distribution Sectors.

 

The company has successfully  delivered projects ranging from multi storey building redevelopments to smaller building maintenance and repair projects. Recently they have completed a number of  Indigenous Child and Family centres in rural NSW for Family and Community Services. The company’s services and activities are controlled by documented management systems to meet Safety, Quality and Environmental regulatory requirements.

 

Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on DICE Contracting Pty Ltd. These checks are to be completed by Equifax Australasia Credit Ratings Pty Ltd.  At time of publication Financial Services have not yet received the report to review and assess. Subject to the return of an acceptable financial check, the report recommends acceptance of the tender by DICE Contracting Pty Ltd noting that the initial budget allocation is insufficient and that the funding short-fall will be covered by the 2019-20 Building Asset Renewal Program. On-going operational and building maintenance budget will be allocated at the completion of the project as part of the following financial year budget allocation process as per Council’s new assets maintenance guidelines.

Tender Advisory Group Comments

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 – Director City Services, 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 refurbishment of Council Childcare facilities Tandara and Wattle Glenn noting that, while the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. 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 DICE Contracting Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $1,049,172.81 excluding GST subject to the return of an acceptable financial check.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/19-28 Childcare Centre Refurbishment Works Tandara and Wattle Glenn be received

2.    DICE Contracting Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Tandara and Wattle Glenn Childcare centres for the amount of $1,049,172.81 excluding GST subject to the return of an acceptable financial check.

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                                                                                                   24 June 2019

 

 

 

5

RFT 18/119-18 Cleaning of Community Facilities, Libraries and St Marys Queen Street Administration Building   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Judy Cobb, Neighbourhood Facilities Co-ordinator

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

Manage the use of Council's community buildings

      

 

Executive Summary

The purpose of this report is to advise Council of the outcome of the Tender for the Cleaning of 38 Community Facilities/Neighbourhood Centres, three (3) Libraries (Penrith, St Marys and St Clair) and the St Marys Queen Street Administration Building (excluding the 2nd floor tenanted offices). 

Currently, the cleaning of these facilities is provided by six (6) cleaning contractors achieving varying cleaning standards and charging different rates.  A review of the cleaning services has identified that the establishment of one cleaning contract will streamline systems, improve consistency in standards and provide overall savings to Council.

It was determined to tender the cleaning services including programmed cleaning, function cleaning and on demand cleaning for the facilities listed in Attachment 1.

Council engaged FM Contract Solutions Pty Ltd (FMCS) to assist in the development of the tender documentation and assessment criteria.  This included the development of a cost and labour benchmark for all buildings identified in the tender. FMCS is a leading consultancy provider in the Facility Management Industry and have extensive experience in working with all levels of Government.

A total of 18 tender responses were received. Two submissions were deemed non-compliant due to incomplete responses, and one submission was removed from the assessment process due to excessive pricing as compared to the other submissions received.

Following a qualitative and quantitative review of the tenders by the Tender Evaluation Panel, a determination was made to short-list four (4) Tenderers that represented best value for Council. The companies short-listed included Academy Services Pty Ltd, TST Property Services Pty Ltd, The Trustee for Tim Austin Family Trust, and VDG Pty Ltd.

Interviews were held with the short-listed tenderers, except for TST Property Services Pty Ltd as the company withdrew its application prior to interview due to errors in the pricing worksheets.

Based on qualitative and quantitative analysis, detailed evaluation interviews, independent risk analysis, referee check, and best overall value for Council, the Tender Evaluation Panel is recommending that the contract for the provision of Cleaning of Community Facilities, Libraries and St Marys Queen St Building (including St Marys Library) be awarded to VDG Services (NSW) Pty Ltd, for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision of rise and fall) subject to satisfactory performance.

 

Background

Council engaged FMCS to review the delivery of cleaning services for Community Facilities, Libraries, St Marys Queen St Administration Building, and Penrith Civic Centre.

The Cleaning Review provided a systematic and independent evaluation of the cleaning services that are currently being performed at each facility.

FMCS found that Council was exposed to several risks particularly given the multiple cleaning arrangements that are in place and the number of contracts being managed. They identified opportunities for achieving better outcomes through economies of scale, improved service delivery and improved contract management.

Given the opportunities and risks identified, and the overall cumulative cost of the current cleaning contracts (which exceeds $150,000), a decision was made to hold an ‘open tender’ process for the delivery of Cleaning Services for Community Facilities, Libraries and St Marys Queen St Administration Building. The Civic Centre was not included in this cleaning tender as Council has an in-house team of employees who are responsible for cleaning that facility.

FMCS assisted with the development of tender documentation and the assessment criteria.  This work included the development of a detailed scope of works and specifications for cleaning services and an updated cost and labour benchmark for all buildings included in the offer.  

The scope of works included three types of cleaning. These are:

·    Programmed cleaning– cleaning on a regular basis (e.g. daily, weekly, fortnightly etc).

·    Function cleaning – post function cleaning in community/neighbourhood facilities (as required)

·    On demand cleaning – includes emergency cleaning and/or ad hoc cleaning (e.g. cleaning of tables and chairs, high windows/ceilings etc.)

Community Facilities not included in the tender are:

·    South Penrith Neighbourhood Centre - this facility is managed by Nepean Neighbourhood and Community Services (NCNS). This government funded community organisation has employed a staff cleaner to clean this facility as well as several leased offices used by their staff. 

NCNS requested that South Penrith Neighbourhood Centre not be included in this Cleaning Tender.

·    Namatjira Neighbourhood Centre and Regentville Hall (small hall) – these two facilities are currently licenced to local community organisations.  The licence agreements stipulate that the cleaning of these facilities is the responsibility of the licencees.

·    Leased Offices located in St Marys Queen St Administration Building (2nd floor) – the cleaning of these offices is the currently responsibility of the tenants.

 

 

 

 

Tender Process

 

The tender for Cleaning of Community Facilities, Libraries and St Marys Queen St Administration Building was advertised in the Western Weekender on 21st March 2019 and Sydney Morning Herald on 1st April 2019.

The tender was open for a 6 week period to allow the Contractors extra time to prepare their tender submission. The tender period closed on 1st May 2019.

Two pre-tender Briefing Sessions were held on 27th March 2019 and 11th April 2019.  The briefing sessions were following by site visits to six (6) different types of facilities including: a community hub, community hall, community centre, seniors centre, St Marys Library, and St Marys Queen St Administration Building. Any questions raised at the pre-tender briefing or site inspections were documented and circulated to all Tenderers through an Addendum to the tender documentation.

Respondents were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required responses against each of the evaluation criteria.

An open-plan pricing worksheet was provided to all tenderers to complete and submit with their tender submissions. The worksheet was designed to provide complete transparency into all facets of each respondent’s price offer. This included direct and indirect labour costs, statutory costs, operational costs, allowances for overheads and administration of the contract and the expected profit return from the contract.

Tender Evaluation Panel

The Tender Assessment Panel consisted of Andrew Robinson (Community Facilities and Recreation Manager), Judy Cobb (Community Facilities and Recreation Coordinator), and Brian Clark (Director, FM Contract Solutions P/L). Allyce Langton (Procurement Business Partner) performed the role of tender administration and probity officer for this tender.

Tenders Received

A total of 18 (eighteen) companies lodged submissions in response to the advertised tender.  The list of tenders received are shown, in alphabetical order, in the following table:

 

Company

Tender Price

(exc GST)

Address

Director/Owners

1.      

Academy Services (NSW) P/L

$433,506.10

Roseville NSW 2069

Glen Brown, John Hoffman, Mauro Viola, Robert Sweetlove

2.      

Advanced National Services P/L

$747,134.20

Yatala Qld 4207

Edward Klimowicz

3.      

AFMR P/L

$279,835.40

Crows Nest NSW 2065

Matt Salihi

4.      

Allied Security Management P/L

$301,011.90

Moorebank NSW 2170

Amer Awad

5.      

Charmax Property Maintenance P/L

$308,458.40

Smithfield NSW 2164

Charlie & Maxine Zammit

6.      

Fernando Enterprises (Aust) P/L

$192,146.20

Thomastown VIC 3074

Maddumage Fernado,

7.      

JJ Sparkling Cleaning P/L

Incomplete pricing sheet

Harrington Park NSW 2567

Jener Da Luz, Maria Da Luz

8.      

JK & SK Holding P/L

$591,252.10

Sydney NSW 2000

Stacey Kontos

9.      

Ozone Complete Property Services P/L

$574,000.00

Nth Parramatta NSW 2151

Dulanka Jayaweera

10.    

Pefago P/L as Trustee for The Axiak Family Trust

$518,438.60

Mulgoa NSW 2745

Paul Axiak, Cheryl Axiak

11.    

RD Cleaning Professionals P/L

$2,318,997.57

 

Old Toongabbie NSW 2146

Alpesha Prajapati

12.    

Service Master Solutions Cleaning P/L

$305,422.60

Silverwater NSW 1825

Val Farias. Serwan Georges

13.    

The trustee for GAVS Trust

$550,910.50

Banksmeadow NSW 2019

Antonio Cerqueira, Victor Lopez, Alan Serebro

14.    

The Trustee for Pacific Building Management Trust

$681,584.48

Rydalmere NSW

2116

Chris Pavlis

15.    

The Trustee for Tim Austin Family Trust

$321,961.96

Norwood SA 5067

Timothy Austin, David Pollack, Jeff Allen

16.    

TST Property Services P/L

$380,628.30

Wetherill Park NSW 2164

Najeeb Shamoon

17.    

VDG Services (NSW) P/L

$296,463.62

Chipping Norton, NSW 2170

Vlado Graoroski, Dean Graoroski

18.    

Versatile Property Services P/L

$232,839.80

Padstow NSW 2212

Joe Merkbawi

 

 

 

 

Tender Evaluation Criteria

The evaluation criteria as advertised and used to assess the tender submissions included the following:

Company Information

-     Company profile

-     Business References

 

Commercial Requirements

-     Critical Assumptions

-     Conforming Requirements

-     Conflict of Interest Declaration

-     Insurances

-     Instrument of Agreement

-     Required Declaration

-     Compliance Statement

-     Business References

 

Scope of Requirements

-     Demonstrated Ability

-     Understanding of the scope and proposed methodology

-     Compliance to Specified Requirements

-     Establishment and Response Times

-     Conformance to Relevant Standards

 

Cost/Price Category

-     Labour Rates

-     Indirect Labour Costs e.g. Annual Leave, Superannuation, Sick Leave etc.

-     Provisions for Payroll Tax, Insurances and Workers Compensation

-     Allocation for operational and overhead costs including chemicals, equipment, and equipment maintenance

-     Provision for depreciation costs, uniforms and training costs

 

Management and Administration

-     Resources and Personnel

-     Local Area Preference

-     Quality Assurance

-     Environmental Management

-     Industrial Relations

-     Work Health and Safety

-     Additional Offerings

 

Evaluation Process

The evaluation process included the following stages:

Qualitative Evaluation Process

A qualitative assessment process was undertaken to determine compliance with the evaluation criteria and capacity to provide the full range of services specified. 

Of the eighteen (18) tenders received, the Evaluation Panel made the decision to remove the following three respondents from the evaluation process for the following reasons:

·    JJ Sparkling was non-compliant due to an incomplete Pricing Worksheet.

·    The Trustee for Pacific Building Management was non-compliant due to an incomplete Pricing Worksheet.

·    RD Cleaning submitted an overall price of $2,318,977.57 which was excessive in comparison to the other tender prices.  The Assessment Panel determined that there was no advantage to Council in considering their submission any further.

The remaining fifteen (15) respondents demonstrated compliance to the Evaluation Criteria.

Their responses were scored on a scale of 0 – 10 with 10 representing excellent and/or full compliance.  The quality of the responses varied significantly with some respondents providing basic responses while other respondents provided in-depth information that demonstrated their ability and capacity to meet and/or exceed the specified requirements.

A weighting of 5% was also applied to local business operators, as required by Penrith City Council’s Procurement Policy.  A tender submission was received by a local supplier, however their overall non-price ranking score was not high enough for them to be included on the shortlist.

The top four performing short-listed Tenderers, based on demonstrated ability, performance/ communication, quality/compliance, quality/ assurance, WHS, and environment, are listed below in order of ranking:

1.   Academy Services P/L

2.   VDG Services (NSW) Pty Ltd

3.   TST Property Services Pty Ltd

4.   The Trustee for Tim Austin Family Trust

 

TST Property Services Pty Ltd subsequently withdrew from the tender process, due to errors identified in their Pricing Worksheet.

 

 

 

Quantitative Assessment Process

An in-depth analysis was undertaken of the Pricing Worksheet submitted by the shortlisted Tenderers to ensure that the cost and labour proposals were sustainable, offered value for money and presented minimal risk to Council.

 

The analysis evaluated the unit rate allocation for staff to perform the services as well as direct and indirect labour costs, statutory costs, operational costs, allowances for overheads and administration of the contract and the expected profit return from the contract.

 

Programmed Cleaning Analysis

The table below shows the short-listed Respondents offers for programmed cleaning. An estimated benchmark is also provided for comparative purposes. This benchmark was developed by FM Contract Solutions and based on the scope of works and industry standards. 

 

Tender

Programmed Clean (annualised costs) – exc GST

Allocated labour hours pa.

Hourly Rate (inc direct & indirect costs)

Benchmark (estimate)

$418,807.90

9668.44

$43.32

Academy Services P/L

$433,506.10

10381.57

$41.76

The Trustee for Tim Austin Family Trust

$321,961.96

8356.54

$38.53

VDG Services (NSW) Pty Ltd

$296,463.62

8156.55

$36.35

 

The offer from Academy Services represented the highest dollar value of the shortlisted respondents and was 3.5% above the benchmark cost. The offer was based on the provision of considerable labour hours over and above the benchmark labour allocation. This indicated that they are able to deliver the required cleaning services on a sustainable basis but at a substantially higher price than competitors. Value for money would therefore be substantially reduced.

The annualised priced and labour hours for programmed cleaning, as submitted by The Trustee for Tim Austin Family Trust and VDG Services (NSW) Pty Ltd, were lower than the estimated benchmark. 

 

Function Cleaning Analysis

 

The proposed prices offered by the shortlisted Respondents for function cleaning was also considered. The cost for function cleaning cannot be annualised or benchmarked as this type of cleaning is only performed as required. 

 

Tender

Mon – Fri

(6am -6pm)

Mon – Fri

(6pm - 6am)

Sat

Sun

Pub Hol

Academy Services P/L

$39.85 p/h

$45.05 p/h

$57.17 p/h

$74.50 p/h

$91.83 p/h

The Trustee for Tim Austin Family Trust

$34.80 p/h

$36.97 p/h

$40.78 p/h

$53.97p/h

$64.36 p/h

VDG Services (NSW) Pty Ltd

 

$32.24 p/h

$36.14 p/h

$45.44 p/h

$54.48 p/h

$64.14 p/h

 

The offer for function cleaning from Academy Services was high in comparison to the other respondent’s offers. The rates offered by The Trustee for Tim Austin Family varied across all facilities and were very inconsistent. The Trustee for Tim Austin Family were not able to explain the rates provided at interview.

 

 

On Demand Cleaning Analysis

 

The shortlisted tenderers submitted the following proposals for On Demand cleaning:

 

Tender

Emergency

Call Out (min 2 hrs)

Cleaning of Tables/Chairs

Academy Services P/L

$39.85 p/h

$39.85 p/h

The Trustee for Tim Austin Family Trust P/L

$46.50 p/h

$34.80 p/h

VDG Services (NSW) P/L

 

$32.24 p/h

$33.56 p/h

 

The offer from Trustee for Tim Austin Family Trust for On Demand cleaning was high in comparison to the price offers submitted by the other two Respondents. The cost for this type of cleaning cannot be annualised.

 

Evaluation Interviews

 

The shortlisted Respondents were invited to attend an interview with Evaluation Panel to further discuss their tender submission. Each Respondent was provided with a list of questions specific to their submissions. Clarifications and further information was sought from each of the three companies, with VDG Services (NSW) providing comprehensive and definitive responses to all questions. The Trustee for Tim Austin was given further opportunity to embellish and clarify information provided at the interview and have not done so. Academy Services provided information at interview that indicated that the service may not offer the best value for money.

 

At the time of interviewing it was recognised that there would be an Award increase for Cleaning Services on 1 July 2019 but the percentage increase was unknown. This was discussed with the shortlisted Respondents. All three Respondents advised that their tender rates were based on the current 2018 Award and that, due to the uncertainty of the size of the expected increase as of 1 July 2019, they did not make an allowance for an Award increase in their submissions. All three (3) respondents confirmed that they would require a price adjustment for the labour component of their tender offer should they be awarded the contract.

 

Subsequently the Award increase has been announced at 3%, and each Respondent has been asked to advise Council as to how this would affect the tender price. Only VDG Services (NSW) has responded and has advised that the 3% increase will only apply to the labour component of its tender submission. 

 

Preferred Tenderer

Given the information provided the Evaluation Panel have identified VDG Services (NSW) Pty Ltd as the preferred Tenderer for the Cleaning of Community Facilities, Libraries and St Marys Queen St Administration Building.

VDG Services (NSW) are based in Sydney.  The company provides general cleaning to various government and commercial businesses including Fairfield, Camden, and Central Coast Councils.

VDG Services (NSW) are experienced in managing numerous multi-site contracts and was able to provide evidence that they have a presence and existing employees working in and near to Penrith.

The offer made by VDG Services (NSW) is costed with reasonable allocations to provide a sustainable contract rate and offers the most competitive price. VDG Services (NSW) demonstrated a working contract management system that exceeds Council’s requirements. This system is supplemented with a Time and Attendance app that will enable Council to verify actual hours worked at each site.

 

VDG’s responses to interview questions were comprehensive and fully satisfied Council’s requirements.

Financial Services Manager’s Comments

The assessment process included the commissioning of independent reference checks, a financial analysis, and performance analysis on VDG Services (NSW) Pty Ltd.  These checks were completed by Corporate Scorecard Pty Ltd.  The checks were reviewed against 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 offer submitted by VDG Services (NSW) Pty Ltd. The cost of the contract is to be based on the rates provided in their tender submission, plus an Award increase of 3%, for the labour components only, which is effective from 1 July 2019. The cost of the services to be provided through this tender are within the operating budget.

Tender Advisory Group Comments

The objective of the Tender Advisory Groups (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen – Director City Services, Glenn McCarthy – Governance Manager and Neil Farquharson - Financial Services Manager, was briefed by Andrew Robinson - Community Facilities and Recreation Manager, Judy Cobb - Community Facilities and Recreation Coordinator and Allyce Langton – Procurement Business Partner. Bill Stanley – Procurement and Contract Management Specialist was also present at the meeting. 

The TAG was provided with background information to the Tender and details regarding the evaluation and assessment process that was followed. The TAG considered the recommendations in relation to the Tender for the Cleaning of Community Facilities, Libraries and St Marys Queen St Administration Building. They noted that VDG Services (NSW) Pty Ltd had offered the lowest price of the shortlisted tenderers as well as demonstrated their ability and capacity to meet Council’s requirements.  VDG’s proposal was considered to be the most advantageous to Council.  The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria has been correctly applied in making the recommendations.

 

 

Conclusion

The Tender Evaluation Panel is of the opinion that VDG Services (NSW) Pty Ltd have provided a competitive rate and demonstrated its capability to deliver the required cleaning services in accordance with the tender requirements. The tender submitted by VDG Services (NSW) represents the best overall value to Council.

It is therefore recommended that VDG Services (NSW) be awarded the contract for the Cleaning of Community Facilities, Libraries and St Marys Queen St Administration Building in accordance with the rates provided in their Tender submission, and that the overall contract price for the labour component only, be adjusted from 1 July 2019 to allow for the 3% increase to minimum wage.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 18/119-18 Cleaning of Community Facilities, Libraries and St Marys Queen Street Administration Building be received

2.    VDG Services (NSW) Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Cleaning of Community Facilities, Libraries and St Marys Queen Street Administration Building for a period of three (3) years, with an option to extend for a further two (2) x one (1) year period in accordance with the rates provided in its Tender submission adjusted to reflect a 3% increase to the labour component.

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

 

 

ATTACHMENTS/APPENDICES

1.

Cleaning Tender - Venues and addresses

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                24 June 2019

Appendix 1 - Cleaning Tender - Venues and addresses

 

                                                      Attachment 1

Community Facilities, Libraries and St Marys Queen St Administration Building

 

FACILITY

ADDRESS

Surburb

Andromeda Community Centre

79-81 Andromeda Drive

Cranebrook

Arthur Neave Memorial Hall

43 Parkes Avenue

Werrington

Autumnleaf Neighbourhood Centre

Cnr Timesweep Dr & Autumnleaf Pde

St Clair

Berkshire Park Hall

71-79 Sixth Road

Berkshire Park

Cambridge Park Hall

97 Oxford Street

Cambridge Park

Castlereagh Hall

1158-60 Castlereagh Road

Castlereagh

Claremont Meadows Community Centre

172-180 Sunflower Drive

Claremont Meadows

Colyton Neighbourhood Centre

Cnr Jensen & Willoughby Streets

Colyton

Cook Parade Community Centre

41 Cook Parade

St Clair

Coowarra Cottage

1 Coowarra Drive

St Clair


Cranebrook Neighbourhood Centre

17-35 Hosking Street

Cranebrook

Emu Heights Neighbourhood Centre

38a Wedmore Road

Emu Heights

Emu Plains Community Centre

4 Lawson Street

Emu Plains

Erskine Park Community Centre

57 Peppertree Drive

Erskine Park

Erskine Park Community Hall

57 Peppertree Drive

Erskine Park

Floribunda Community Centre

3-4 Floribunda Avenue

Glenmore Park


Glenmore Park Youth and Community Centre

Luttrell Street (off Town Terrace)

Glenmore Park


Harold Corr Community Hall

13-19 Cottage Street

Werrington

Jordan Springs Community Hub

2 – 6 Cullen Ave

Jordan Springs

Kingswood Neighbourhood Centre

23-25 Bringelly Road

Kingswood

Londonderry Neighbourhood Centre

358-360 Carrington Road

Londonderry

Melrose Hall

Cnr Park Street & Great Western Highway

Emu Plains

Mulgoa Hall

349 Littlefields Road

Mulgoa

North Penrith Community Centre

66b Illawong Avenue

Penrith

North St Marys Neighbourhood Centre

Cnr Debrincat Avenue & Oleander Road

Nth St Marys

Penrith Library

601 High Street

Penrith

Penrith Senior Centre

86 Station Street

Penrith

Ridge Park Hall

17-23 Woodland Avenue

Oxley Park

St Clair Library

Shop 12, St Clair Shopping Centre, Bennett Road and Endeavour Avenue

St Clair

St Clair Youth Centre

97a Cook Parade

St Clair

St Marys Cares Facility

Creek Road (Blair Oval)

St Marys


 

FACILITY

ADDRESS

Surburb

St Marys Community Centre

29 Swanston Street

St Marys

St Marys Memorial Hall

29 Swanston Street

St Marys

St Marys Senior Centre

29 Swanston Street

St Marys

St Marys Arts & Craft Studio

29 Swanston Street

St Marys

St Marys Chambers

29 Swanston Street

St Marys

St Marys Queen St Administration Building (including St Marys Library)

207-209 Queen Street

St Marys

St Marys Tennis Court Clubhouse

Creek Road

St Marys

Surveyors Creek Community Centre

143-153 Garswood Road

Glenmore Park

Thornton Community Centre

61 Lord Sheffield Drive

Penrith

Werrington Downs Neighbourhood Centre

2 Brookfield Avenue

Werrington Downs

Werrington Youth Centre

13-19 Cottage Street

Werrington

 

 


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

6        Hawkesbury Animal Shelter Agreement                                                                          39

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

 

 

6

Hawkesbury Animal Shelter Agreement   

 

Compiled by:               Greg McCarthy , Environmental Health and Compliance Manager 

Authorised by:            Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Help promote responsible pet ownership

      

 

Executive Summary

Council has had an agreement with Hawkesbury City Council (HCC) to operate Animal Shelter services for companion animals on behalf of Penrith City Council since 2002. The current agreement expires on 3 August 2019. This report will recommend that Council enter into a new Agreement for the provision of Animal Shelter Services for a period of five (5) years.

Background

The Hawkesbury Animal Shelter provides an impounding service, microchipping, lawful euthanasia and disposal of companion animals, administration services, rehoming of impounded animals, and veterinary treatment.

 

HCC has been reviewing the operation of its Companion Animal Shelter following a Notice of Motion in May 2017. The review included engaging with volunteers, staff, rescue groups, local veterinarians and an animal behaviourist and comparing the animal management practices and operations with other shelters including Blacktown, Campbelltown and Blue Mountains. The review has found that the operations and animal management practices are consistent with other animal shelters.

 

Blacktown City Council are building a new animal holding facility which is scheduled for completion in 2019/20. In 2017, Penrith City Council was invited by Blacktown City Council to participate as a client council in their new Animal Holding Facility. However, following assessment of the business model, this option was not pursued further.

 

HCC has initiated a few changes including amendments to its website, increased community education program, updating its Adoption Kits, improving the photographs and information regarding each animal and commencing Stage One of the capitals works improvement of the Shelter. Future capital works will include, kennel heating and lighting, building works for food preparation, cattery, cat adoption and holding area, sewer works and external works.

 

The Agreement

 

A new Agreement has been developed and strengthened across a range of criteria including:

 

·    Record Keeping

·    Audit provisions

·    Work Health and Safety obligations

·    Hours of operation

·    Animal Shelter maintenance

·    Welfare of Animals

·    Feeding of Companion Animals

·    Sale or donation of Unclaimed Companion Animals

·    Euthanasia of Companion Animals

·    Disposal of Cadavers

·    Veterinary Service

·    Administration Services and reporting

·    Performance levels and monitoring

 

The term of the agreement will be for five (5) years.

 

Social Media

 

The success of re-homing companion animals from the Hawkesbury Animal Shelter has been largely the result of the use of social media and relationships with rescue groups. HCC has committed to establishing a separate Facebook page or Instagram account for the Shelter to ensure the ability to find appropriate re-homing options for cats and dogs.

 

HCC have requested financial assistance from Penrith council to help fund a social media officer to manage the social media page, engage with rescue groups and prepare the information/photos for each animal. Penrith Council has agreed to include $40,000 per annum towards social media as part of our total contribution.

 

Legal Officer’s Comment

 

Pursuant to s.55(3)(c) of the Local Government Act 1993 a contract entered into by one Council with another Council is exempt from the requirement to go to tender for the services. Councils internal legal services have drafted a contract, all the terms of which have been agreed to by Hawkesbury. The Contract protects Council’s interests, and provides for a number of performance measures, and reporting requirements from Hawkesbury.

 

Financial Services Manager’s Comment

 

A new Agreement has been developed and strengthened across a range of criteria to ensure the daily rate costs and veterinary fees are covered by the contribution made by Penrith City Council to Hawkesbury City Council. As a result of this new agreement the proposed contribution made to Hawkesbury City Council will increase the annual contribution for the provision of Animal Shelter Services from $140,000 to $330,000 per annum and will form a variation to the adopted budget for 2019-20 to be funded from General Revenue.

 

As part of the Agreement, Hawkesbury and Penrith will meet within 28 days of each Anniversary Date to review Hawkesbury’s performance of the services, and to review the fee schedule and any proposed amendments to the fee schedule.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Hawkesbury Animal Shelter Agreement be received

2.    The Companion Animal Shelter Agreement between Hawkesbury City Council and Penrith City Council be approved for five (5) years.

 

 

ATTACHMENTS/APPENDICES

1.

Final Agreement - Companion Animal Shelter Services - Penrith City Council (1)

28 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

7        Outdoor Dining Policy                                                                                                      45

 

8        Write off of unrecoverable Sundry Debtor accounts                                                        49

 

9        Accelerated Public Lighting Program                                                                               52

 

10      Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited     55

 

11      Adoption of Delivery Program 2017-21 and 2019-20 Operational Plan                          57

 

12      Code of Meeting Practice                                                                                                 68

 

13      Local Government NSW Annual Conference 2019                                                         72

 

14      Summary of Investments & Banking for the Period 1 May 2019 to 31 May 2019          75

 

 

 



Ordinary Meeting                                                                                                   24 June 2019

 

 

 

7

Outdoor Dining Policy   

 

Compiled by:               Tara Braithwaite, Property Projects Officer

Authorised by:            Amanda McMurtrie, Acting Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Respond to community requests for use of Council's land (licences, easements, road closures)

      

 

Executive Summary

Penrith City Council encourages the use of public places for outdoor dining as a way to stimulate business growth and to create vibrant local communities. The Outdoor Dining Policy ‘the Policy’ and Guidelines establishes a framework under which Council will manage outdoor dining on public land within the City.

 

The Policy and Guidelines apply to all land within the Penrith City Council Local Government Area, that is used as a public footpath, space or park and adjoining an existing approved food related business.  Outdoor dining that is located on private land requires approval under the Environmental Planning and Assessment Act 1979 through the Development Application (DA) process.

Background

The State Environment Planning Policy (Exempt and Complying Codes) 2008 makes footway dining an exempt development, as long as it is not associated with a pub or a small bar and is carried out in accordance with an approval granted under section 125 of the Roads Act 1993 or under section 68 of the Local Government Act 1993.

 

Property Development currently manages thirty-five (35) outdoor dining permits located on Public Footpath and issued under the Roads Act.

 

Council does not currently have a Policy on Outdoor Dining and permits have historically been issued with reference to the controls set out in Penrith Development Control Plan 2014. These controls do not directly relate to approvals on Council owned land. An Outdoor Dining Policy (supported by guidelines) is required to establish a framework for Council to issue and manage these approvals.

 

The Access Committee provided their endorsement of the draft Outdoor Dining Policy and Guidelines on Wednesday 8 August 2018 and Council’s Policy Review Committee, endorsed for the draft Policy be placed on Public Exhibition on Monday 8 April 2019.

Outdoor Dining Policy

The Policy applies to all land within the Penrith City Council Local Government Area that is used as a public footpath, space or park and adjoining an existing approved food related business. The aim of the policy is to provide a framework for determining the suitability of a site and to meet Council’s ongoing operational requirements.

 

 

 

 

The objectives of the policy are to:

 

·    facilitate the appropriate use of outdoor dining on footways or within public spaces or parks while maintaining an equitable and safe thoroughfare around outdoor dining areas for all users.

·    ensure the design of the outdoor dining space, furniture, fixtures and day-to-day requirements facilitate improvement to the local character, street vitality, amenity and economic viability.

·    ensure outdoor dining activities avoid nuisance, endangerment or inconvenience and residents can continue to enjoy the amenity of their neighbourhood, and

·    ensure compliance with relevant legislation, Council’s Policy and Guidelines and insurance requirements.

 

It is intended that this policy be adopted as an approved local policy under section 161 of the Local Government Act 1993. The Policy will allow outdoor dining to be carried out on Council owned or controlled land including the footway provided the proposed location is directly related to the operation of an existing approved adjoining food business.

 

All Outdoor Dining applications made for the use of Community Land will be notified and exhibited as per section 47A of the Local Government Act 1993.

Supporting Guidelines

The Guidelines will help food related businesses decide whether outdoor dining is an appropriate and feasible addition to their business. It will also provide a framework for Council to determine the suitability of a site and meet Council’s ongoing operational requirements to manage approved permits.

 

The Guidelines will assist Council and business owners by:

 

1.   encouraging restaurants to expand their existing dining activities outdoors onto the public footpath, within a public space or park, adjoining the existing business,

2.   determining the suitability of a site and to meet both parties ongoing operational requirements, and

3.   best managing outdoor dining within the public domain and the potential impacts on neighbours and pedestrians.

 

Key external stakeholders have been engaged during the development of the draft policy and guidelines and provided their in-principle support for its endorsement. Stakeholders included in the development of the Policy include: Vision Australia, Guide Dogs NSW, Liquor and Gaming NSW, Roads and Maritime Services, St Marys Town Centre and Penrith CBD Corporation.

 

The Policy and Guidelines ensure compliance with relevant legislation, are in line with the principles of Penrith’s Development Control Plan 2014 and are consistent with other relevant Council’s Policies.

Implementation

The majority of current permits are generally consistent with the proposed Policy and Guidelines. It is proposed that a 6 month transition period be introduced following the adoption of the Policy. Stakeholder engagement will be undertaken during this time to work with individual business owners to achieve policy compliance.

 

One of the key changes that will occur for some businesses is the relocation of outdoor dining areas to the kerbside. This requirement is consistent with the current DCP controls and has been incorporated into the policy to meet the requirements of the Australian Standards and the Disability Discrimination Act. The relocation of outdoor dining to the kerbside is to provide unobstructed continuous clearance along the building shoreline to ensure safety for all users.

 

Council currently manages thirty-five (35) permits, twenty-four (24) of these currently located along the kerbside. The Property Development Department will work with the remaining eleven (11) permits located along the building shoreline to determine the most appropriate location to achieve the objectives of the Policy.

 

In circumstances where there is insufficient width to accommodate kerbside dining for example on the corner of an intersection, or directly facing a pedestrian crossing, Council may consider alternative configurations based on their merit and consistency with the principles contained in the Outdoor Dining Policy and Guidelines. Any merit assessment would take into consideration access and safety for all users of the space (including pedestrians, employees, customers and traffic) and other relevant site constraints.

 

Public Exhibition

The draft Policy was put on public exhibition between 18th April 2019 – 20th May 2019, consistent with the requirements of the Local Government Act 1993 in relation to public notice and exhibition of a draft local policy.

 

During the public exhibition Council received two formal submission one from NSW Roads & Maritime Services (RMS) and the other from the local café owner of Screaming Beans Coffee Bar.

 

The RMS confirmed delegation of the determination of the use of part of the footway for outdoor dining to Council as of February 2019. The RMS delegation includes set conditions as summarised below.

 

1.   Concurrence is not to be granted unless the application complies with any requirements of the relevant Council, RMS and State Government

2.   Concurrence is not to be granted if the proposed use of the footway would cause significant impediment to road safety or traffic network efficiency

3.   Outdoor dining may only be in an area where the speed zone is 50km/h or less and the footpath is defined with kerb and guttering

4.   The footpath dining area and associated furniture must not restrict lines of sight for the motorist to pedestrian, and vice versa, accessing pedestrian crossings

5.   Footway seating or structures are not to cover or impede access to public utilities and drainage pits required by RMS

6.   Any approval granted must include a condition that RMS may exercise its statutory rights to access all areas of classified roads at any time to undertake works and an approval holder will have no right of compensation

 

The above conditions have been considered and the policy and guidelines have been amended to include the conditions set by RMS.

 

Screaming Beans Coffee Bar is located at Shop 3, 396 High Street Penrith, on the corner of the intersection of High Street and Woodriff Street Penrith. The business owner’s submission expressed concerns in relation to kerbside dining suitability at his café. Although kerbside dining is the preferred location for outdoor dining, the café is situated on the corner of a pedestrian crossing/intersection and in this instance, kerbside dining would not be appropriate. In this circumstance the applicant will be encouraged to submit an application proposing shoreline dining. Council Officers will complete a merit based assessment to ensure access and safety for all users of the space is considered. The merit based assessment includes an internal review from Council’s Traffic Engineer’s and a nominated internal Access Advisor.

Outdoor Dining on Private Land

Outdoor dining that is located on private land requires approval under the Environmental Planning and Assessment Act 1979 through the Development Application (DA) process. It is proposed that any future review of the Development Control Plan, considers consistent provisions for both private and public land.

Conclusion

Penrith City Council encourages outdoor dining to create vibrant local communities and provide additional opportunities for food-based businesses. The proposed Outdoor Dining Policy and Guidelines supports business owners of restaurants to decide whether outdoor dining is an appropriate and feasible addition to their business and provides Council with a framework to issue and manage Outdoor Dining Permits on public footpaths, spaces and parks.

 

It is recommended that Council endorse the Policy and adopt it as an approved local policy under section 161 of the Local Government Act 1993.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Outdoor Dining Policy be received

2.    The Outdoor Dining Policy be adopted as an approved local policy under section 161 of the Local Government Act 1993

 

 

ATTACHMENTS/APPENDICES

1.

Outdoor Dining Policy

4 Pages

Attachments Included

2.

Outdoor Dining Guidelines

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

8

Write off of unrecoverable Sundry Debtor accounts   

 

Compiled by:               Alison Johns, Sundry Debtor Clerk

Authorised by:            Matthew Saunders, Rates Coordinator

Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

Council raises numerous Sundry Debtor invoices for income owed to Council for a variety of goods and services provided by Council including commercial rent, sporting field hire, cemetery fee, government grants, health inspections and road restorations.

In the period 1 July 2018 to 16 April 2019 approximately 3,000 invoices were raised totalling $33.7 million.

As part of Council’s normal financial management practices, periodically a debt or part of a debt is deemed to be irrecoverable, despite undertaking exhaustive processes of internal and external debt recovery action.

Outstanding Sundry Debtor accounts were reviewed by Council staff on 12 April 2019 and certain accounts have been identified as ‘doubtful debts’. This review process specifically highlighted three debts totalling $8,060 as having no reasonable prospects of recovery or that any further recovery action would not be cost effective.

All reasonable steps have been taken to recover these debts however, these three accounts are deemed irrecoverable and as such are now being recommenced to Council for write off.

Writing off these outstanding monies does not preclude Council from collecting these debts should Council be able to do so in the future however, for the purpose of fairly presenting the Council’s financial position it is prudent to periodically identify certain debts for write off.

Background

Under regulation 213 (5) of the Local Government (General) regulation 2005 a debt can be written off only:

a)   If the debt is not lawfully recoverable, or

b)   As a result of a decision of a court, or

c)   If the council or the general manager believes on reasonable grounds that an attempt to recover the debt would not be cost effective.

Regulation 213 (6) states:

The fact that a debt is written off under this clause does not prevent the council concerned from taking legal proceedings to recover the debt.

Despite standard debt recovery processes being followed, occasionally a debt or part of a debt is deemed as irrecoverable.

The list below outlines the individual circumstances of three debts that have been identified as being irrecoverable.  For the two childcare debts, Children’s Services have advised that these individual cases are uncommon and that there are measures in place to ensure that debts do not usually reach these high levels. All possible avenues for recovery have been considered however, further attempts to recover these debts would be futile and these debts are now being submitted for write off.

 

Debtor Account

Date of Invoice/s

Debtor name

Amount

Debt Description

Write - off Reason

61061

October 2016

Carmen A Gennari

$2,476

Annual Administration Charge, Health inspection, improvement notice and legal costs

Prohibition Order issued on 29 November 2018 and business was closed down. It did not reopen.

Judgement signed 11 December 2018.

The debtor cannot be contacted or located, a field call in February 2019 confirms the debtor is not at the address on file.

62689

August 2018

Jacinta Dudley

$3,239

Unpaid childcare fees and legal costs

No contact or payments received from the debtor despite numerous notices issued and field calls to abode requesting Council be contacted to discuss payment.

Judgement signed on 13 December 2018.

No employment details on file and debtor is leasing property from NSW Dept of Housing.   Further recovery action will involve extra legal costs with a very low prospect of recovery.

62720

May 2018

Michael Charlesworth

$2,345

Unpaid childcare fees and legal costs

Debtor is unemployed, does not own property and has limited ability to make payments.

Judgement signed on 26 February 2019.

Further recovery action will involve additional fees with a very low prospect of recovery.

 

 

Conclusion

Council staff have reviewed outstanding Sundry Debtor accounts as at 12 April 2019 and are satisfied that three debts totalling $8,060 require write off as prescribed in Regulation 213 (5).

The recommendation to write off these Sundry Debtor accounts is based on the conclusion that these debts have no reasonable prospect of recovery or any further recovery action taken would not be cost effective.

As all reasonable steps have been taken to recover these debts the above three accounts are deemed irrecoverable and as such are now being recommended to Council for write off.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on the Write off of unrecoverable Sundry Debtor accounts be received.

2.    The three sundry debts totalling $8,060 outlined above be written off as irrecoverable.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

9

Accelerated Public Lighting Program   

 

Compiled by:               Murray  Halls, Acting City Presentation Manager - Public Spaces Maintenance

Krystie Race, Sustainability Research Planner

Authorised by:            John Gordon, City Presentation 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

Identify ways Council can use resources more efficiently

      

 

Executive Summary

Council has recently received information regarding a funding opportunity available from the NSW Office of Environment and Heritage (OEH). The OEH Accelerated Public Lighting funding program is available to assist NSW councils meet the project costs associated with an upgrade of existing inefficient mercury-vapour residential street lights with Light Emitting Diode (LED) fittings.

 

The project in Penrith would see the replacement of 6,530 existing mercury vapour fittings with energy-efficient 14wLEDs.  Endeavour Energy have confirmed that the OEH funding would include a fixed capital contribution of $67 for each new LED fitting while also funding the residual asset value costs associated with the replacement of each existing light.  The total value of this contribution is $437,510.

 

This report recommends that Council accept the available $437,510 from the OEH while agreeing to contribute $1,847,990 from the Sustainability Revolving Fund. This will provide the required $2,285,500 total funding for the project. 

 

The project is estimated to provide Council with annual energy usage savings and reduced annual maintenance charges of $459,002.  This would result in a 4-year payback period in relation to the funding contribution required by Council and then continue to deliver this same amount as annual cost savings.

 Background

Councils are responsible for the provision of public street lighting within their local government area.  This includes meeting all energy usage costs and network maintenance charges. 

Currently, Penrith has 19,751 street lights which are managed and maintained by Endeavour Energy (EE) as Council’s nominated network provider.

 

In 2015, the Light Years Ahead (LYA) project, coordinated by the Western Sydney Regional Organisation of Councils Ltd (WSROC), resulted in 2,076 street lights across the Penrith LGA upgraded with LED fittings. This represented an upgrade to 15% of the total number of inefficient street lights currently in operation across the local government area. The project delivered annual cost savings of $148,000 in reduced energy savings and maintenance costs.

 

Following the success of the LYA project, several councils subsequently indicated interest in exploring an extension of the upgrade program.  In late 2016, WSROC engaged Ironbark Sustainability to prepare a business case that informed individual councils on the upgrade activities that could be realistically implemented subject to appropriate funding sources. 

 

 

OEH Accelerated Public Lighting Program

 

In August 2018 the NSW Office of Environment and Heritage (OEH) announced a $12.5 million public lighting incentive scheme available to all NSW Councils to help accelerate their upgrade of inefficient mercury vapour technologies to LEDs.

 

The OEH package provides a fixed capital contribution of $67 for each new LED fitting while also funding the residual asset value costs associated with the replacement of each existing light.

 

In Penrith, the project would see the replacement of 6,530 existing mercury vapour fittings with 14wLEDs, at a total project cost of $2,285,500.  The contribution sought from Council’s Sustainability Revolving Fund is $1,847,990 with the remaining project costs of $437,510 being meet through the OEH funding program.

 

The project is estimated to provide council with annual energy usage savings and reduced annual maintenance charges of $459,002.  This would result in a 4-year payback period in relation to the funding contribution required by Council.

 

The project would commence in the second half of 2019 and completed by June 2020.

 

 

Project Objectives

 

Upgrading to energy efficient LED street lighting technology offer an opportunity for Council to realise significant improvements in:

 

·    energy consumption costs – LEDs require significantly less power, which means lower energy bills (e.g. a 14wLED can replace a 50w/80w MV fitting);

·    operational costs – due to fewer maintenance visits being required for LEDs;

·    maintenance charges will continue to reduce for LED public lighting;

·    sustainability outcomes – reduction in carbon emissions; &

·    community security – brighter and higher quality lighting output to improve safety standards.

 

Specifically, the project will contribute to more sustainable operations for Council, and improved environmental outcomes through:

 

·    a reduction in energy usage of 2,221,330 kilowatt hours (kWh) per annum;

·    a reduction in greenhouse gas emissions of 2,044 tonnes per annum;

·    financial savings of $433,159 per annum in energy charges, and $25,843 in maintenance costs;

·    maintenance charges will continue to reduce for LED public lighting; &

·    the proposed lights will improve community security with brighter and higher quality lighting output to improve safety standards.

 

Financial Implications

 

Council under this proposal will be required to pay Endeavour Energy a total of $1,847,990 with payments to be invoiced by Endeavour as the program is rolled out.

 

It is proposed to fund Council’s contribution from the Sustainability Revolving Fund with all annual savings directed back into this account as savings are realised.

 

Financial Services Manager’s Comments

 

This report outlines a funding opportunity available from the NSW Office of Environment and Heritage in relation to council’s wanting to upgrade existing old technology street lighting with energy efficient LED fittings.

 

A total of $437,510 is available to council from the OEH.  Total project costs of $2,285,500 results in a required council contribution of $1,847,990. The project is estimated to provide annual energy savings and reduced maintenance costs totalling $459,002 resulting in a 4-year payback period.

 

It is considered appropriate that Council’s required contribution be funded from the Sustainability Revolving Fund which has a projected closing balance of $2,049,070 as at 30 June 2020 prior to any allocation to this project.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Accelerated Public Lighting Program be received.

2.    Council endorse the use of the Sustainability Revolving Fund for the $1,847,990 in funding required for this project.

3.    Council enter into an agreement with Endeavour Energy in relation to the delivery of the program including the OEH funding.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

10

Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited   

 

Compiled by:               Brian Steffen, Director - City Services

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

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

      

 

Executive Summary

The report recommends that the information be received, and that Council consider nominating Board members to sit on the Board of the Penrith Whitewater Stadium Limited.

Background

The Penrith Whitewater Stadium Limited (the Whitewater Stadium) is a controlled entity of the Council. The objectives and operation of the Whitewater Stadium are controlled by a Board of Directors in accordance with the Constitution of the Whitewater Stadium.

 

Clause 16.1 of the Constitution provides that the Board shall consist of no less than 3, but no more than 10 Directors. The Constitution further stipulates in Clause 16.2 that Council shall appoint Directors to the Board in such a manner that the Council deems appropriate.

 

The Constitution also provides that the Board shall comprise 4 Councillors, 1 Council Officer, 1 representative of the Australian Canoe Federation and 4 other members who shall not be Councillors of the Council.

 

There have been two councillor resignations from the Board during this term, namely Councillor Bernard Bratusa and former Councillor Ben Price, prior to this the Board consisted of the full complement of 10 Directors.

 

Current Situation

Given the resignation of two councillor Board members, there are now two vacancies that could potentially be filled. It is open to the Council to not fill these positions, replace one or replace both.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited be received

2.    Council consider nominating up to two councillor Board members to sit on the Board of the Penrith Whitewater Stadium.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

11

Adoption of Delivery Program 2017-21 and 2019-20 Operational Plan   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Allegra Zakis, Corporate Planning Coordinator

Matthew Saunders, Rates Coordinator

Snezana  Gorgieva, Corporate Planner

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

Council is required to prepare and adopt the 2019-20 Operational Plan and Fees & Charges by 30 June 2019. The Operational Plan is a sub-set of the Delivery Program and is the third annual plan to be adopted as part of the 2017-21 Delivery Program, and the last full plan of the current Council term. As part of preparing its annual Operational Plan, Council must also review the Delivery Program to ensure it is still moving in the right direction and adjust any necessary changes in service delivery or operational priorities.  A number of changes are recommended to the draft plan to reflect organisational changes and incorporate additional actions to address priorities for the community. 

The 2017-21 Delivery Program, and 2019-20 Operational Plan and Fees and Charges were presented to Council on 29 April 2019 and were placed on exhibition, under Section 405(2) of the Local Government Act 1993, from 6 May 2019 to 3 June 2019. Seventy submissions were received during the exhibition period – sixty-five online surveys, two letters and three emails

There were a small number of budget adjustments required to be made to the 2017-21 Delivery Program (incorporating the Operational Plan 2019-20) such as the inclusion of the March 2019 revotes and the fine-tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Attachment 1. A balanced budget is proposed for 2019-20 after incorporating these adjustments.

This report seeks Council’s adoption of the 2017-21 Delivery Program, and 2019-20 Operational Plan and Fees & Charges (provided in attachments), approval for the expenditure of the budget outlined in this report and to endorse the Making of the Rates and Charges for 2019-20 under Section 535 of the Local Government Act. Additionally, the report recommend that the Council agree to underwrite the operations of Penrith Whitewater Stadium Limited, Penrith Performing and Visual Arts Ltd and Penrith Aquatic and Leisure Ltd until the presentation of the respective Annual Reports for 2019-20.

 

 

Public Exhibition

The draft Community Plan, 2017-21 Delivery Program (incorporating the 2019-20 Operational Plan) and the 2019-20 Fees and Charges were exhibited from 6 May to 3 June 2019. The exhibition period for the amendments to the Environmental Health fees that were omitted in error and the two Annual Fire Safety Fees reinstated from the draft Fees & Charges presented to the Ordinary Council meeting on the 29 April 2019 are on exhibition until 26 June. The public exhibition process included an optional survey and encouraged community feedback on all documents. 

 

It is important to note amendments to the following proposed fees and charges were presented to Council on 27 May 2019 and are on exhibition from 29 May to 26 June; Boarding House Initial Compliance Inspection, Request to Review Determination Fee (Tree Removal Applications), Request to Review Determination Fee (Vegetation Clearing Applications), and Council staff – Fire Safety Consultancy Services.

 

The exhibition was promoted through:

·    Local media (Western Weekender advertisement, Mayoral Column, radio advertisements and media release)

·    Email distributed to local networks via the Community and Development Department’s contact list

·    Council’s New West Newsletter

·    Postcards at all libraries, Civic Centre, St Marys Business Office and all children’s centres including the mobile playvan

·    Children’s centres displayed a digital slide on foyer monitors

·    Posters at all libraries, Civic Centre and St Marys Business Office  

·    Social media (boosted post on Penrith Council’s Facebook page targeting residents aged between 18 to 40 who have a Facebook account, Children’s Services Facebook page and Library Services Facebook page)

·    Recorded message on the Customer Contact Centre main switchboard

·    Council’s website front page sliding banner and under Have Your Say, and

·    Your Say Penrith Newsletters (exhibition notification and reminder newsletters were sent to 1,340 registered Your Say Penrith participants).

 

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

 

An analysis of the activity on the Your Say Penrith website during the exhibition shows there were:

·    A total of 1,550 visits to the site

·    865 ‘aware’ visitors (i.e. unique visits to the project page)

·    690* ‘informed’ visitors (i.e. someone looked at information on the project page such as the FAQ sections, draft Plans etc.)

·    1,361* document downloads, and

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

*A single participant can perform multiple actions

¹A participant completed the survey twice

 

 

Figure 1 -  Visitor Summary to online portal Your Say Penrith from 6 May to 3 June 2019

An equal level of engagement occurred across our three Wards, with submissions received from twenty-two suburbs within the local government area and a further five submissions made from the Blue Mountains local government area to Council’s draft plans.

A total of sixty-five online surveys were submitted, and an additional five individual submissions were made to the exhibition of the draft plans for 2019-20. Detailed responses to the issues raised in the submissions are provided in Attachment 3.

Recommended changes to the Delivery Program and Operational Plan

Additional Delivery Program Activity

To ensure the Business Systems Delivery Program Function’s activities are included and reported in 2019-20 and 2020-21 it is recommended the following activity be included in the plan– 7.2.13 Maintain and support council’s corporate business information management systems.

Structural and staff changes

Names and responsibilities within the draft plan will be updated to reflect staff changes and to ensure our Delivery Program and Operational Plan accurately reflects the organisational structure as well as staff responsibilities.

Infographic Statistics

Penrith at a Glance and Penrith Community Profile Statistics were reviewed and will be incorporated into the draft Delivery Program and 2019-20 Operational Plan following adoption. Updated statistics will more accurately reflect the Penrith Community Profile.

Changes to Operational Plan - Budget Adjustments

The financial estimates included in the exhibited revised 2017-21 Delivery Program (incorporating the 2018-19 Operational Plan) were based on information that was available at the time. During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has been received.

 

The exhibited draft 2017-21 Delivery Program (incorporating the 2019-20 Operational Plan) presented a balanced budget. During the Exhibition period adjustments have been made and a balanced budget will still be achieved should Council choose to adopt all the proposed recommendations contained within this report.

 

At the Ordinary Meeting on 27 May 2019, Council adopted the March 2019 Quarterly Review which included revotes totalling $1.8m for capital works and operating projects which have now been incorporated into the 2019-20 Budget.

 

Budget Adjustments impacting available funds

 

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

 

Rates Income – increase of $967,648 F

Rates income reported in the Draft Operational Plan was based on forecasts prepared in December 2018. New estimates now include additional notional income from registered developments completed ahead of forecasts in the Long Term Financial Plan, particularly the high number of new large strata developments completed in 2018-19.

 

Subsidies to Entities – increase of $665,000 U

 

The Board of Penrith Whitewater Stadium has requested a $120,000 subsidy for the 2019-20 financial year to enable the renewal and replacement of various pieces of plant and equipment.

 

In addition to this, various operational challenges including increased staffing levels required to ensure ongoing compliance have necessitated an increased provision for the subsidy to Penrith Aquatic and Leisure Ltd ($545,000).

 

Employee Costs – net decrease of $342,101 F

Employee cost budgets have now been updated to reflect the impact of new department structures and job evaluations finalised during the exhibition period, with a portion of these adjustments being funded.  In addition, the impact of the new salary administration structure which was estimated in the draft 2019-20 Budget has been confirmed with new salary rates now incorporated into the 2019-20 Budget. The net impact of these budget adjustments is a $342,101 increase to General Revenue.

 

Emergency Services Contributions - $237,980 U

 

Council contributions towards the annual Emergency Services Levy has increased by 13.6% when compared to 2018-19 financial year contributions.  The primary factor for this increase is due to the recognition by the NSW Government of workers compensation rights for volunteer and career firefighters affected by work-related cancers.

 

The increase of $237,980 to the Council Contribution for Emergency Services per the 2019-20 Assessment Notice is based on the following:

·    NSW RFS – Increase of $96,001

·    State Emergency Services – Increase of $45,733

·    NSW Fire Brigade – Increase of $96,246

 

New Asset Maintenance - $494,630 U

 

A large section of parks and open space in the new development areas of Jordan Springs has been formally handed over to Council. An additional increase to the operational maintenance budget is required to manage and maintain this new service area. It includes 8 new parks, 4 fitness zones, 1 waterplay facility and over 47,800 square metres in open space and park land.

 

Interest on Investments – decrease of $252,361 U

Over the last 4 months interest rate cuts have been predicted by the banks and in turn they have been reducing interest rates offered to investors. This adjustment reduces Councils estimated average rate of return for the year to a more conservative 2.25% from 2.6% with Interest on Investments for 2019-20 being reduced from $2,080,000 to $1,827,639.

Other – $15,989 F

Other variations totalling $15,989 (favourable) have combined with the above budget variations to maintain a balanced budget.

 

Transfer to Reserve – decrease of $324,233 A

A balanced budget for 2019-20 Budget is presented tonight. Within this balanced budget it is proposed to retain an amount in Council’s internal reserves to provide for any significant movements that may arise in the current assumptions. This strategy provides capacity to respond to variations that may occur in assumptions and estimates within the 2019-20 budget, address emerging priorities in future quarterly reviews, and make provision for future year projects. The surplus funds available to transfer to Reserve has now been decreased by $324,233 from the Draft 2019-20 Budget.

 

Budget Adjustments with no impact on available funds

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

Mulgoa Bushfire Station Renewal – increase of $1.2m

 

In partnership with the NSW Rural Fire Service an allocation for the construction of a new Mulgoa Rural Fire Brigade Station has been set aside for $1,200,000 in the 2019-20 NSW RFS Fire Fighting Fund. The construction project will be managed and forward funded by Council with full reimbursement made at the completion of the project and in accordance with the NSW RFS Fire Fighting Fund.

 

Accelerated LEP Review Program – increase of $625,000

Council is required to review and amend 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 variation relates to grant income for the third instalment of the Accelerated LEP Review Program funding for the third milestone specified on the funding agreement with the State Government Council which is offset against the cost for specialist consultants to undertake the work.

 

Expanding Horizons – increase of $297,132

 

The is a new EPA grant funded project under the Better Waste and Recycling Program - the total grant is $742,830 to be rolled out over 3 years. The purpose of the grant is to support and promote the expansion of the food and garden organics collection and composting program into the rural areas.

 

Voted Works Allocations

 

At the Councillor Briefing on 12 June 2019 the following allocations were supported and have now been proposed in the 2019-20 Budget with funding from Voted Works:

 

1)   Path Paving - $592,000

 

At the beginning of the term Councillors requested a greater focus on footpaths, which has resulted in all footpaths designated as high priority in 2016 being delivered or planned for delivery before the end of the term. This was enabled by an increase in funding for the path paving program from $150,000 to $400,000 per annum. As it currently stands, this increase will not continue into 2021-22, meaning the program does not have the capacity to include any requests made since March 2017 that have been subsequently rated as “high”.

The 2017-21 footpath program has delivered or has planned for delivery 10,191m of footpath across all three wards, to a total value of just over $1.5m. Since March 2017 an additional 3,055m of high priority footpath has been requested by Councillors or Members of Parliament, with a total value of $592,000. It is proposed to fund these additional high priority footpaths from Voted Works. Proposed allocation per ward is shown below:

NORTH WARD

Street

Location

Suburb

Length (m)

Amount ($)

Andrews Road

Greygums Road to

Laycock Street

Penrith

480

$86,400

Parkside Avenue  

Greenbank Drive to Bungalow Parade        

Werrington Downs

330

$65,000

Russell Street (west side) 

Bromley Road to Old Bathurst Road 

Emu Plains

250

$49,000

 

TOTAL LENGTH (m)

1060

$200,400.00

 

SOUTH WARD

Street

Location

Suburb

Length (m)

Amount ($)

River Road 

M4 Bridge to Buring Avenue     

Leonay

550

$107,500

Thurwood Avenue

Henderson Crescent to Ikin Street

Jamisontown

320

$65,000

 

TOTAL LENGTH (m)

870

$172,500.00

 

EAST WARD

Street

Location

Suburb

Length (m)

Amount ($)

Carpenter Street

No 162 to Marsden Road

Colyton

45

$8,100

Murray Street                            

Desborough Road to Balog Street

St Marys

620

$121,000

Myrtle Road

Sunflower Drive to existing path

Claremont Meadows

460

$90,000

 

TOTAL LENGTH (m)

1125

$219,100.00

 

TOTAL ALL WARDS

3055

$592,000

2)   Mayoral Challenge - $26,000

 

Each year the Mayoral Youth Challenge involves redesign of a local park in conjunction with young people in the community. Although a consistent budget is available, in some situations the works proposed are beyond this budget and are unable to be fully funded. The Mayoral Youth Challenge has the following high priority unfunded works outstanding which are no proposed to be funded from Voted Works in the 2019-20 Budget:

 

 

Item

Estimated cost

Ward

Rationale

Water station – Cook Park, St Marys

$5,000

East

Requested by the Mayor following at the project launch following a conversation with residents

Extension of fencing- Cook Park, St Marys

$15,000

East

Requested by the Deputy Mayor based on discussions with residents and evidence that vehicles are being driven over a play area.

Signage

$6,000

(5 x $1,200)

East - $3,600       South - $1,200        North - $1,200

To acknowledge the story behind the park development. This covers signage for all Mayoral Youth Challenge projects

TOTAL ALL WARDS

$26,000

 

 

 

 

Changes to Fees and Charges

 

During the exhibition period the following changes have been proposed to the draft 2019-20 Fees and Charges:

 

·    The Office of Local Government Circular 19-05 announced the Section 603 Certificates statutory increase of $5 from $80 to $85.

·    The Office of Local Government Circular 19-09 announced the increase to companion animal registration fees for 2019-20 in line with CPI. The Pound/Shelter animal 50% discount (desexed) statutory fee $29 has been included.

·    A slight rounding change for Outstanding Works Bond Administration Fee from $350.20 to $350.  

·    There have been several minor changes to fee names, price codes and conditions.

·    Section 88G Certificate $10 statutory fee included. Statutory fees do not require a 28 day exhibition period by Council

 

Attachment 2 provides a list of these proposed changes.

 

The Making of Rates and Charges for 2019-20

Each year Council must determine a Rating Policy for the next financial year. The Local Government Act 1993 provides for a number of rating structures so councils have the flexibility to develop a structure that best provides equity for their Local Government Area.

Council currently applies a rate structure in which rate assessments are based on property valuations (Ad Valorem) with a Minimum Amount. This means that rates are predominantly based on the land value of the property as determined by the NSW Valuer-General.

Council has reviewed this rates structure many times over recent years with a view to providing lower rates for rural property owners, however alternative structures available under current rating legislation have undesirable impacts on a majority of other property owners. Despite genuine efforts to support rural property owners, the undesirable impacts have meant that Council has to maintain the existing structure.

The NSW Government directed IPART to review the rating legislation and IPART delivered their Final Report to them in December 2016. The details of the Final Report have not been released, but some of the draft recommendations if enacted would provide Council with further rates structure options that may deliver some fairer ways of providing lower rates for rural property owners. Council has made many representations to our Local members, NSW Premier and the Local Government Ministers in relation advocating for proposed changes to be implemented. We have also provided submissions to a review of the NSW Fire and Emergency Services Levy where we highlighted the impacts of the now unnecessary land valuations done for the implementation of the Levy, and supported a Motion at the NSW Annual Conference in 2018 for the NSW Government to release the IPART Rating Review Final Report.

Council will continue to review the rate structure annually, and advocate for changes to be made to the rating legislation, but it may not be until changes to the legislation are enacted that Council can modify the rate structure fairly and equitably and deliver lower rates for rural property owners.

It is required that Council make the Rates and Charges for 2019-20 under Section 535 of the Local Government Act 1993 before it can legally serve rates notices. This is in conjunction with the adoption of the 2019-20 Operational Plan and 2019-20 Fees & Charges, both being considered with this report at tonight’s Council meeting.

 

The proposed Rates include the full increase approved by IPART for 2019-20 being a 5.4% Special Rate Variation. This report recommends that the information be received and that the 2019-20 Rates and Charges be made as detailed in the report.

 

The following resolutions need to be formally adopted by Council to make the Rates and Charges for 2019-20.

 

Ordinary Rate

The proposed Residential, Business and Farmland rates for 2019-20 are to be charged in accordance with Section 535 of the Local Government Act 1993 as follows:

 

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1,113.00

0.38137

Farmland

$1,113.00

0.190685

Business

$1,346.20

0.678988

Business subcategory – Penrith CBD

$1,346.20

0.77064

Business subcategory – St Marys Town Centre

$1,346.20

1.0439

 

 

 

Stormwater Charges

The Stormwater Management Service charge proposed to be applied on all urban residential and urban business land is outlined below. This is in accordance with Council’s Policy outlined in the 2019-20 Operational Plan and Fees & Charges (except land which is exempt from the Stormwater Management Services charge as outlined in Section 496A of the Local Government Act 1993).

 

For the 2019-20 year, the proposed charges are:

 

·    Residential non-strata properties

$25 per annum

·    Residential strata properties

$12.50 per annum

·    Urban business properties

$22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres.

 

Domestic Waste Charges

Domestic Waste Service charges are proposed to be applied to each parcel of rateable land and each occupancy for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2019-20 Operational Plan and 2019-20 Fees & Charges.

 

Effluent Charges

It is proposed that the annual charges for effluent removal services are applied to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2019-20 Operational Plan and 2019-20 Fees & Charges. Additional pump-out services are subject to an additional charge at the amounts specified in the 2019-20 Operational Plan and 2019-20 Fees & Charges.

 

Interest

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, it is proposed that an interest charge of 7.5% per annum as permitted by the Minister for Local Government be used for 2019-20.

 

Pension Rebate

Council will provide a mandatory pension rebate to a maximum of $250 for eligible pensioners in accordance with Section 515 of the Local Government Act 1993. In addition to the mandatory pensioner rebate, it is proposed that Council will continue a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Properties that do not receive a Stormwater Management Service Charge will not receive a voluntary rebate.  Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993.

Conclusion

This report seeks Council’s adoption of the draft documents (with proposed changes outlined in this report and the associated attachments), following Council’s consideration of the submissions and the budget variations proposed for 2019-20. 

 

Once Council adopts the revised Delivery Program 2017-21 (incorporating the 2019-20 Operational Plan and Fees & Charges), the adopted Plan will be available on Council’s website within 28 days as outlined in the Local Government Act 1993 section 405(6).

 

The documents provide a clear commitment to a shared vision for our City’s future and provide a solid foundation that will be built upon in subsequent reviews.

 

This report also recommends that that Council make the Rates and Charges for 2019-20 under Section 535 of the Local Government Act 1993, as detailed in this report. Additionally that Council agree to underwrite the operations of Penrith Whitewater Stadium Limited, Penrith Performing and Visual Arts Ltd and Penrith Aquatic and Leisure Ltd until the presentation of the respective Annual Reports for 2019-20.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Adoption of Delivery Program 2017-21 and 2019-20 Operational Plan be received.

2.    In accordance with the Local Government Act 1993 under section 405, Council adopt Council's Community Plan; Delivery Program 2017-21 and 2019-20 Operational Plan, including proposed changes outlined in this report, any amendments made at tonight’s meeting; and any additional corrections to responsibilities for delivery of agreed actions.

3.    Council agree to underwrite the operations of Penrith Whitewater Stadium Limited, Penrith Performing and Visual Arts Ltd and Penrith Aquatic and Leisure Ltd until the presentation of the respective Annual Reports for 2019-20.

4.    Council adopt the following to make the Rates and Charges for 2019-20:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2019-20 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem (cents in the dollar)

Residential

$1,113.00

0.38137

Farmland

$1,113.00

0.190685

Business

$1,346.20

0.678988

Business subcategory – Penrith CBD

$1,346.20

0.77064

Business subcategory –

St Marys Town Centre

$1,346.20

1.0439

b.    Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2019-20 Operational Plan and 2019-20 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2019-20 Operational Plan and 2019-20 Fees & Charges.

e.    Interest: Council make the interest charge of 7.5% per annum for 2019-20 as allowable under Section 566(3) of the Local Government Act 1993.

f.     Pension Rebate: Council provide a voluntary rebate under Section 582 of the Local Government Act 1993 in addition to the mandatory pensioner rebate. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property, and include pro-rata calculations according to Sections 575 and 584 of the Local Government Act 1993.

5.    Service of Rate Notices: The General Manager be and is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council.

 

 

ATTACHMENTS/APPENDICES

1.

2019-20 Budget -Changes on Exhibition

4 Pages

Attachments Included

2.

2019-20 Fees & Charges - Changes on Exhibition

2 Pages

Attachments Included

3.

Summarised submissions and issues raised during the exhibition

10 Pages

Attachments Included

4.

2019-20 Delivery Program

142 Pages

Attachments Included

5.

2019-20 Fees & Charges

85 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

12

Code of Meeting Practice   

 

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 Office of Local Government (OLG) have produced a new Model Code of Meeting Practice. The Model Code is made under s360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005. The model code is to apply to all meetings of council and committees of councils (where the members are all councillors), and it is required that councils incorporate the mandatory provisions of this Code, into their adopted Code of Meeting Practice.

The OLG have noted provisions in the Code that are mandatory and those that are non-mandatory. Council’s adopted code must not contain less than the mandatory provisions, but may also contain the non-mandatory provisions, where Council sees fit.

Council must adopt a Code of Meeting Practice, the attached model code of meeting practice has been on exhibition with no significant feedback being received. The Code of Meeting Practice as attached is not inconsistent with any mandatory provision in the Model Code of Meeting Practice and is recommended for adoption.

Background

All Councils are required to adopt a Model Meeting Code of Practice, under s360 of the Local Government Act 1993 and s 232 of the Local Government Regulations 2005. The adopted Code must incorporate the mandatory provisions of the Model Code of Meeting Practice. Further, Council may also include non-mandatory provisions that the OLG has highlighted in their Code of Meeting Practice.

Council’s current Code of Meeting Practice was last adopted in February, 2015 and incorporated many of the provisions of the Meetings Practice Note 2009 with minor administrative amendments made in 2015, to better reflect and provide clarification on some ambiguities.

Penrith Council first responded to a call for submissions into a proposed Model Code of Practice in January, 2017. Based on feedback from various Councils, the OLG then produced a draft Code of Meeting Practice in December 2017, for comment. Council provided a response to this Draft Code on 14 March, 2018.

The OLG have now released the Model Code of Meeting Practice and prescribed this. Transitional arrangements will apply to Councils; however, the Code must be adopted by June 2019. As required the Council’s draft Code of Meeting Practice was placed on exhibition in April for 28 days and provided members of the community 42 days to comment.

 

 

Mandatory Changes to the Code of Meeting Practice

Webcasting  (5.19)

It will now be mandatory for both Ordinary and committee meetings (where all members are councillors) i.e. Policy Review Committee, to be webcast. Webcasting is defined as ‘a video or audio broadcast of a meeting transmitted across the internet either concurrently with the meeting or at a later time’.  This will need to be introduced within 12 months of the prescription of the regulations, which effectively means by the end of 2019.

Other provisions

-     Outlines meeting principles (2.1)

-     Whilst Councillors may ask by way of a motion a question of the general manager about the performance of the council, they cannot ask a question that comprises a complaint against the GM or staff member. (3.15)

-     Notice of a meeting can be published on the website, and in a manner that will bring notice of the meeting to the attention of the public – that is, it may not need to be placed in a newspaper (3.5)

-     Further clarity around Leave of Absence (5.5)

-     Mayoral Minutes should only be used if the matter is urgent and not routine, and this should be decided upon by Council (9.9)

-     An amendment to a motion must relate to the matter being dealt with in the original motion, and can’t be a direct negative of the original motion. (10.11)

-     Withdrawal of a notice of motion can now occur (10.3)

-     Where the Council proposes to close the meeting to the public in circumstances where the matter has not been identified, then the chairperson is to invite representations from the public. (14.16)

-     Conflicts of interest – All declarations of conflicts of interest and how the conflict was managed by the person who made the declaration must be recorded in the Minutes of the meeting at which the declaration was made. (16.1)

Non-Mandatory Provisions

The Office of Local Government have placed in the Model Code of Meeting Practice provisions that are not mandatory however were considered good practice, a number of these provision council already had in its existing code. These provisions that have been included in council’s code are outlined below.

 

-     Inclusion of Notice of Motion Provisions (3.12 and 3.13)

 

This Clause allows the General Manager to supplement a Notice of Motion with a report should the request have legal, strategic, financial or policy implications.

.

-     Modes of Address

This clause outlines the appropriate ways to address the Chairperson, Councillors and Staff.

-     Cancellation of meetings due to a lack of quorum or unsafe circumstances to get to a meeting e.g. natural disaster (5.14 & 5.15)

These changes give the Mayor in consultation with the General Manager the authority and flexibility to cancel a meeting in certain circumstances in an efficient and transparent way.

 

-     Order of business for ordinary meetings (8.1 & 8.2)

Council has always included an order of business in its Code of Meeting Practice it is proposed to include Clause 8.2 which is already consistent with our current practice.

 

-     The identification of funding sources must be included in motions that require the expenditure of funds. If this is not included, then the motion or amendment must be deferred until a report from the GM is available. (10.9)

This clause only formalises the practice Council has generally followed in calling for a report prior to making decisions that involve expenditure outside of Council’s operational plan or budget. This clause is proposed for inclusion.

 

-     Dealing with items by exception – approval en bloc unless councillors wish to speak to an item. (Part 13)

This Part only formalises what this Council has practiced for some time and is proposed for inclusion.

 

-     Expulsion from meetings. (15.14-15.16)

The authority to expel persons is an important authority to ensure the effective operation of meetings and it is recommended that Clause 15.14 be included in the Code to allow the Mayor the authority expel any person, including any councillor from a council or committee meeting.

 

-     Ability to alter or rescind a resolution moved at the same meeting, subject to procedures (17.12) and Recommitting resolutions to correct an error (17.5-17.20)

These Clauses give the Chairperson and the Council some flexibility when dealing with motions that need to be changed or are made in error at a Council meeting whilst also providing some structure around how this can be accommodated. These clauses are proposed for inclusion in our Code.

 

Sections in our current Code that are not in the prescribed Model Code

 

-     Suspension of standing orders

This clause is proposed to remain as it allows Council to maintain its addressing the meeting part of the meeting

 

-     Urgent reports

Urgent reports rarely occur anymore and are avoided where every possible however this clause provides some structure about how they are dealt with when they arise and it is proposed this clause will remain.

 

-     Liability of Councillors, Employees and other persons and Proceedings in Cases

These Clauses articulate through the Local Government Act and Council Policy additional protections for participants and Council meetings and it is proposed this clause will remain.

 

-     Order of dealing with Motions and amendments. (Part 10)
This clause clarifies the order of dealing with motions and amendments during debate and is proposed to remain.

 

Conclusion

 

The Model Code of Meeting Practice for Local Councils in NSW is made under s360 of the Local Government Act 1993 and the Local Government (General) Regulation 2005. All Councils are required to adopt a Meeting Code of Practice, that is as least as onerous as the mandatory provisions set down by the OLG.

 

The Code of Conduct Meeting Practice attached to this report contains all mandatory provisions required by the Model Code of Meeting Practice, in addition to a number of non-mandatory provisions that have been suggested as best practice. The Council’s Code of Meeting Practice also maintains a number of provisions that have served and continue to serve council well in the running of effective and transparent council meetings.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Code of Meeting Practice be received

2.    The Code of Meeting Practice attached to this report be adopted as the Council’s Code of Meeting Practice with the General Manager being authorised to make any minor administrative amendments.

 

 

ATTACHMENTS/APPENDICES

1.

Code of Meeting Practice

37 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

13

Local Government NSW Annual Conference 2019   

 

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

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at The William Inglis, Warwick Farm from 14-16 October 2019.

 

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

 

Council is also entitled to nominate up to nine (9) Councillors as voting delegates in the election for Office Bearers and the Board (Board election).

 

This report recommends that Council nominate ten (10) voting delegates for motions and nine (9) voting delegates for the board election and any observers to attend the Local Government Association’s annual policy making conference to be held at The William Inglis, Warwick Farm from 14-16 October 2019.

 

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

Background

Local Government NSW (LGNSW) will hold its Annual Conference at The William Inglis, Warwick Farm from 14-16 October 2019.

 

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

 

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the Conference is ten (10) with respect to motions and nine (9) with respect to the board election. Nominations of voting delegates must be made by September 2019.

 

Other Delegates and Observers

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

 

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select nine (9 delegates to attend the 2019 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

 

The process for selecting the 9 delegates is entirely up to the NSW Aboriginal Land Council and, at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council has previously resolved to make provision to sponsor up to three (3) observers from the Deerubbin LALC pending the outcome of the selection process for the nine (9) Aboriginal Land Council delegates.

 

Submission of Motions

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

 

1.   Are consistent with the objects of the Association;

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

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

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

5.   Have a lawful purpose

6.   Are clearly worded and unambiguous in nature; and

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

 

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

 

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

 

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed at the latest by 19 August 2019.

 

Councillors are welcome to suggest any proposed motions at this meeting, in addition to this meeting a further report will be brought to a Policy Review Committee meeting in either July or August to formally adopt any council motions for consideration by the LGNSW Board.

 

Conclusion

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

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2019 be received.

2.    Council nominate its ten (10) Councillors as voting delegates for motions to attend the 2019 LG NSW Conference being held at The William Inglis, Warwick Farm from 14-16 October 2019.

3.    Council nominate its nine (9) Councillors as voting delegates in the election for Office Bearers and the Board (Board election) to attend the 2019 LG NSW Conference being held at The William Inglis, Warwick Farm from 14-16 October 2019.

4.    Council give consideration to the nomination of observers to attend the 2019 LGNSW Conference.

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

6.    Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2019 Local Government NSW Conference.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   24 June 2019

 

 

 

14

Summary of Investments & Banking for the Period 1 May 2019 to 31 May 2019    

 

Compiled by:               Cheryl Freeburn, Operational Project Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for May 2019 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 May 2019 to 31 May 2019 and a reconciliation of invested funds as at 31 May 2019.

 

The investment returns versus the benchmark as a percentage for May 2019 are:

 

·    Council portfolio current yield (including FRNs)       2.55%

·    90 day Bank Bill Swap rate (Benchmark)                 1.54%

 

 

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

 

Background

Attached to this report is a Summary of Investments including Economic Commentary for May 2019, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for May 2019 and various Investment Summary and Investment Portfolio analysis tables and charts.

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

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

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 May 2019.

 

                                             

Andrew Moore

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments & Banking for the Period 1 May 2019 to 31 May 2019  be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 May 2019 to 31 May 2019 be noted and accepted.

3.    The graphical investment analysis as at 31 May 2019 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Banking and Investments for May 2019

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                24 June 2019

Appendix 1 - Summary of Banking and Investments for May 2019

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday June 24 2019

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Licence of suite 4 and part suite 3, 129-133 Henry Street, Penrith (Old Council Chambers) to Gateway Family Services                                                                2

 

3        Penrith Aquatic and Leisure Limited                                                                                  2

 

 

 

 


Ordinary Meeting                                                                                                   24 June 2019

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        Licence of suite 4 and part suite 3, 129-133 Henry Street, Penrith (Old Council Chambers) to Gateway Family Services 

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

 

Outcome 7

 

3        Penrith Aquatic and Leisure Limited   

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals; AND 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.

 

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 June 2019

Report Title:            Hawkesbury Animal Shelter Agreement

Attachments:           Final Agreement - Companion Animal Shelter Services - Penrith City Council (1)



Ordinary Meeting                                                                                                                24 June 2019

Attachment 1 - Final Agreement - Companion Animal Shelter Services - Penrith City Council (1)

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 June 2019

Report Title:            Outdoor Dining Policy

Attachments:           Outdoor Dining Policy

                                Outdoor Dining Guidelines



Ordinary Meeting                                                                                                                24 June 2019

Attachment 1 - Outdoor Dining Policy

 

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Ordinary Meeting                                                                                                                24 June 2019

Attachment 2 - Outdoor Dining Guidelines

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 June 2019

Report Title:            Adoption of Delivery Program 2017-21 and 2019-20 Operational Plan

Attachments:           2019-20 Budget -Changes on Exhibition

                                2019-20 Fees & Charges - Changes on Exhibition

                                Summarised submissions and issues raised during the exhibition

                                2019-20 Delivery Program

                                2019-20 Fees & Charges



Ordinary Meeting                                                                                                                24 June 2019

Attachment 1 - 2019-20 Budget -Changes on Exhibition

 

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Ordinary Meeting                                                                                                                24 June 2019

Attachment 2 - 2019-20 Fees & Charges - Changes on Exhibition

 


Ordinary Meeting                                                                                                                24 June 2019

Attachment 3 - Summarised submissions and issues raised during the exhibition

 

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Ordinary Meeting                                                                                                                24 June 2019

Attachment 4 - 2019-20 Delivery Program

 

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Ordinary Meeting                                                                                                                24 June 2019

Attachment 5 - 2019-20 Fees & Charges

 

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