Council_Mark_POS_RGB

19 July 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 22 July 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

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 June 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

Access Committee Meeting - 12 June 2019.

Local Traffic Committee Meeting - 1 July 2019.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 22 July 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, 28 May and 27 June 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

 

 

 

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 24 JUNE 2019 AT 7:00PM

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 Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Aaron Duke, Tricia Hitchen (arrived at 7:11pm), Karen McKeown OAM, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for 24 June 2019. 

APOLOGIES

96  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Karen McKeown OAM that the apology received from Councillor Mark Davies be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 May 2019

97  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 27 May 2019 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

Mayoral Minutes

 

2          Council trainee wins prestigious award

Councillor Karen McKeown OAM spoke in support of the Mayoral Minute.         

98  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Council trainee wins prestigious award be received.

 


 

 

1        Locals Recognised in Queen's Birthday Honours

Councillor Tricia Hitchen arrived at the meeting, the time being 7:11pm.

Councillors Kevin Crameri OAM and Tricia Hitchen spoke in support of the Mayoral Minute.

99  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on Locals Recognised in Queen's Birthday Honours be received.

 

SUSPENSION OF STANDING ORDERS

100  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:15pm.

 

Mr Robert Simpson

 

Item 11 – Adoption of the Delivery Program 2017-2021 and 2019-20 Operational Plan.

 

Mr Simpson spoke against the recommendation and expressed his concerns regarding various fees and charges, asset renewal programs and capital and operating projects in the Operational Plan.

 

Mr Simpson outlined suggestions for changes to the tree planning requests as well as solar energy systems which were detailed in the Delivery Program and Operational Plan.  Mr Simpson also raised concerns regarding apparent lack of funding being allocated for tree planting or solar energy systems and made suggestions regarding amendments to fees and charges. 

 

101  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain that an extension of time be granted to enable the speaker to complete his address, time being 7:20pm.

 

Mr Simpson also stated that serious funding and targets should be included for tree planting and solar energy systems.

 

RESUMPTION OF STANDING ORDERS

102  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Brian Cartwright that Standing Orders be resumed, the time being 7:23pm.

 

Councillor John Thain left the meeting, the time being 7:25pm.

 

Councillor John Thain returned to the meeting, the time being 7:26pm.

 

 


 

 

Reports of Committees

 

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

103  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 June 2019 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        International Relations Program 2019                                                      

104  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Bernard Bratusa

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.

 

 

Outcome 3 - We can get around the City

 

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

105  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

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.

 

 


 

 

Outcome 4 - We have safe, vibrant places

 

3        Physical closure of Sennar Lane, Erskine Park                                      

106  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish

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.

 

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

107  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

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.

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

 

 

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

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

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.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

6        Hawkesbury Animal Shelter Agreement                                                  

109  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Robin Cook

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.

 

Outcome 7 - We have confidence in our Council

 

7        Outdoor Dining Policy                                                                                

110  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Todd Carney

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

 

8        Write off of unrecoverable Sundry Debtor accounts                              

111  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Karen McKeown OAM

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.

 

9        Accelerated Public Lighting Program                                                      

112  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney

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.

 

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

113  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish

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 nominate Councillors Marcus Cornish and Brian Cartwright as Board members to sit on the Board of the Penrith Whitewater Stadium.

 

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

114  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Jim Aitken OAM

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.

 

Councillor Marcus Cornish called for a DIVISION.

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

12      Code of Meeting Practice                                                                           

115  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

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.

 

13      Local Government NSW Annual Conference 2019                                 

116  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

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

2.    Council nominate Councillors Kath Presdee, Karen McKeown OAM, Greg Davies, Kevin  Crameri OAM, Brian Cartwright, Tricia Hitchen, Ross Fowler OAM, John Thain, Robin Cook and Bernard Bratusa 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 Councillors Kath Presdee, Karen McKeown, Greg Davies, Kevin Crameri OAM, Brian Cartwright, Tricia Hitchen, Ross Fowler, John Thain and Robin Cook 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.

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.

 

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

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

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.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Recycling and Repurposing of Old Bins      

Councillor  Kath Presdee requested a memo to all Councillors regarding the replacing of old bins and if they are being recycled or repurposed.

 


 

 

RR 2           Council's Use of Glyphosate Weedkiller      

Councillor  Robin Cook has requested a review of Council’s use of Glyphosate weedkiller in the Penrith LGA.

 

RR 3           Compliance of High Rise Buildings    

Councillor  Karen McKeown OAM requested a memo to all Councillors detailing Council’s role in the compliance of high rise buildings being erected in the Penrith LGA.

 

RR 4           Li-Fi Technology        

Councillor John Thain has requested a memo regarding the feasibility of the use of Li Fi Technology throughout the Penrith LGA.   

 

RR 5           Greenwood Parkway and Northern Road Traffic Lights

Councillor  Kevin Crameri OAM requested that RMS be contacted regarding the sequence of the traffic lights located at the intersection of Greenwood Parkway and the Northern Road.

 

 

Committee of the Whole

 

118 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:13pm.

 

1        Presence of the Public

 

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

 

 

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.

 

The meeting resumed at 8:22pm and the General Manager reported that the Committee of the Whole met at 8:13pm on 24 June 2019, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, 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        Licence of suite 4 and part suite 3, 129-133 Henry Street, Penrith (Old Council Chambers) to Gateway Family Services                                                                         

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish.

CW2 That:

1.    The information contained in the report on Licence of suite 4 and part suite 3, 129-133 Henry Street, Penrith (Old Council Chambers) to Gateway Family Services be received

2.    Council grant a new licence to Gateway Family Services as set out in the terms and conditions in this report

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

 

3        Penrith Aquatic and Leisure Limited                                                                              

RECOMMENDED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney.

CW3 That:

1.    The information contained in the report on Penrith Aquatic and Leisure Limited  be received

2.    Council recognise the Aquatic Business Unit Structure with a manager reporting to the Director City Services within the Organisational Structure.

3.    Council adopt an appropriate Budget, as outlined in this report specifically for the purpose of aquatic operations.

4.    Council endorse the proposed actions outlined in this report with a view to returning the operation of Aquatic facilities to Council’s direct control.

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

 

ADOPTION OF Committee of the Whole

 

119 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

UB 1           Committee of the Whole - Property on Station Street, Penrith       

Councillor Bernard Bratusa requested that an item now be referred to Committee of the Whole, as the item 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.

120  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

121  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that an item now be referred to Committee of the Whole, as the item refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting, would be, on balance, contrary to the public interest.

 

Committee of the Whole

 

117 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:24pm.

 

1        Presence of the Public

 

CW4 RESOLVED on the motion of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

5        Property on Station Street, Penrith                                                                                 

 

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

 

 

The meeting resumed at 8:28pm and the General Manager reported that the Committee of the Whole met at 8:24pmon 24 June 2019, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, 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

 

5                 Property on Station Street, Penrith     

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

          CW5  That the information provided be received.

 

ADOPTION OF Committee of the Whole

 

118 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain that the recommendations contained in the Committee of the Whole and shown as CW4 and CW5, be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:28pm.

 


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 6.45pm.

 

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        Passing of Andrew (Andy) Robertson                                                                                1

 

2        Council Annual Report Wins Gold (Again)                                                                        2

 

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

Mayoral Minute

Passing of Andrew (Andy) Robertson

           

 

It is with great sadness that I note the recent passing of Andrew (Andy) Robertson, a member of Council’s City Presentation team who had given an impressive 25 years of service to Council and the community.

 

Andy commenced with Council on 2 May 1994 in the position of truck driver with the then Works Construction and Maintenance Department. Over the following 25 years of service with Council, Andy worked within a variety of civil construction and maintenance teams delivering a diverse range of civil work projects that include asphalt pavement and road shoulder maintenance, and concrete and drainage asset construction.

 

Andy was a loyal and dedicated worker and always one of the first to arrive early for work every morning. Known for being ‘one of the old boys’ of Council, Andy will be sadly missed by his colleagues.

 

I would like to offer our deepest sympathy to Andy’s family, friends and work colleagues.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

  

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Andrew (Andy) Robertson be received.

 

 

 


Ordinary Meeting                                                                                                    22 July 2019

 

Mayoral Minute

Council Annual Report Wins Gold (Again)

           

 

 

Council has received a Gold Award for our 2017-18 Annual Report in the prestigious Australasian Reporting Awards, announced on Wednesday 19 June in Melbourne. This follows Gold Awards for our previous three reports.

 

Congratulations and thank you to the many people involved in producing this report, which the judges found to be well written and easy to navigate.

 

“Its emphasis on good governance and informing constituents is highlighted using well-chosen case studies which make readers feel connected to the organisation. Performance measures are well presented ... it openly recognises the challenges in delivering services and shows where performance targets have not been met, thus providing open and transparent information”, they said.

 

Council joined a number of other high profile organisations from across Australia in receiving the Gold Award this year, including the ABC, Legal Aid NSW and CSIRO.

 

While reporting is a statutory requirement, our Council works hard to report clearly and transparently, above and beyond requirements.

 

We want to give our community a clear and comprehensive picture of all our activities, achievements, challenges and spending. We are continually improving the quality of our reporting, by listening to and talking with the community. It is great to have this kind of national recognition for excellence.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Council Annual Report Wins Gold (Again) be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 12 June 2019                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 1 July 2019                                                                                                                                             6

 

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 12 June, 2019

 

 

 

PRESENT

Councillor Tricia Hitchen (Chair), Anthony Mulholland, Matt Roger, Dianne Brookes, Carole Grayson, Farah Madon, Councillor Robin Cook, Councillor Todd Carney (5.10pm).    

 

IN ATTENDANCE

 

Tracy Leahy – Acting Community and Cultural Development Manager, Claire Galvin – Disability Inclusion Officer, Hans Meijer – City Assets Manager, Casey Holtom – Community Projects Officer Social Sustainability, Jeni Pollard – Place Manager, Paul Anzellotti – Principal Planner, Lauren Van Etten – Development Assessment Planner, Craig Squires – Building Certification and Fire Safety Coordinator (5.04pm).

 

APOLOGIES

Apologies were received from Allan Windley, Melissa McSeveny and Graham Howe.

 

Councillor Hitchen welcomed Matt Roger to his first Access Committee meeting.  Matt Roger introduced himself and all those present introduced themselves.

 

Anthony Mulholland advised that he was to meet the Prime Minister Scott Morrison at an NDIS Roundtable discussion on Thursday 13 June 2019.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 April 2019

The minutes of the Access Committee Meeting of 10 April 2019 were confirmed.

 

Craig Squires arrived at the meeting at 5.04pm.

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a Pecuniary Interest in Item 1 – Development Application Referred to the Access Committee – DA19/0312 – Outdoor Events consisting of three major events and six minor events per year by Penrith Rugby League Club Ltd because the Access Report for this application was prepared by her company, Vista Access Architects Pty Ltd.

 

DELIVERY PROGRAM REPORTS

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Disability Group Homes – Development Proposals in 2017-2018         

 

Casey Holtom introduced the report on group homes for people with disabilities which provided information on the number of development applications received by Council in 2017/18.  It was noted that there were five development applications listed in the report, each with a number of NDIS (National Disability Insurance Scheme) Specialist Disability Accommodation (SDA) funded residents.

 

Farah Madon provided information on the SDA funding from the National Disability Insurance Scheme (NDIS) and advised that the four categories of design are Improved Liveability, Fully Accessible, Robust and High Physical Support. It is anticipated that the NDIS will release the new design standards by the end of July. 

 

There was discussion around the various design categories and it was noted that the Robust category, which is for people with challenging behaviours, is the most difficult category to design around, as it is completely person centred and catered around the person’s particular requirements.

 

Councillor Carney arrived at the meeting at 5.10pm.

 

It was advised that there is shortage of SDA housing in Penrith.

 

Claire Galvin advised that there are 100 apartments in Thornton and 10 of those are designed for SDA.  Farah Madon advised that are density requirements which would generally mean there be not more than 10 SDA units in each development.

 

Farah Madon advised that it is anticipated that the provision of a group home type of SDA is now less popular (group homes are now permitted to have not more than five residents).  Houses, townhouses, one or two bedroom apartments, and even with the whole family unit staying together will be preferred to group homes.

 

However, in cases where participants would like the company and do not have the skills to generate those relationships on their own, group living in group homes may work better for people so that they can enjoy social interactions.

 

Robust housing in apartment blocks will not be funded by the NDIS.

 

Farah Madon advised that Penrith Council does not have a DCP that deals with group homes.  Craig Squires advised that he will discuss the prospects of developing a DCP for Access with the City Planning Department.

 

There was discussion around community attitudes of people living close to people with a disability.

  

RECOMMENDED

That the information contained in the report on Disability Group Homes – Development Proposals in 2017-2018 be received.

 

Farah Madon left the meeting at 5.25pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Application Referred to the Access Committee

                                                                                                                                       

DA19/0312         Outdoor events consisting of three major events per year and six minor events per year – Penrith Rugby League Club Ltd

Lauren Van Etten presented the report for the development application for temporary outdoor events at the Panthers site.  The proposal is for three major events per year and six minor events per year (on a bi-monthly basis).

 

Major events provide for up to 25,000 people per day and minor events cater for up to 10,000 visitors per day.

 

Lauren Van Etten presented location plans which showed where the temporary events would be set up.

 

It is proposed to make upgrades to pathways and vehicular accessways.  There is a comment in the access report that the paths are suitable and proposed ramps will be provided where necessary.  Buggies will be used to transport people from main carparks to the event site.  The access report is based on the plans but there are inconsistencies in the plans.

 

Issues discussed by the Committee included:

 

·    The number of accessible parking spaces

·    Limited parking

·    Lighting

·    Traffic plans

·    Concerns regarding clear paths of travel

·    The location of the buggies

·    Wet weather issues

·    An accessible drop-off zone

·    Hiring a Marveloo for the events

·    A bus service being provided for large events

·    Inconsistent plans

·    Lack of detail in the application.

 

RECOMMENDED

That:

 

1.       The information contained in the report on Development Application Referred to the Access Committee be received.

 

2.       The development application be sent back to Penrith Rugby League Club Ltd for further detail.

 

Casey Holtom left the meeting at 5.44pm.

 

 

GENERAL BUSINESS

 

GB 1           Timed Traffic Lights on High Street    

Claire Galvin gave an update on the timed traffic lights on High Street which used to have a countdown.  The Traffic Department of RMS has been contacted for further information and when this is received it will be passed onto members of the Access Committee.

 

GB 2           Parking at Spinal Cord Injuries Australia, 201 High Street Penrith

Matt Roger highlighted the issue of parking at Spinal Cord Injuries, 201 High Street Penrith.

 

Farah Madon returned to the meeting at 5.45pm.

 

It was suggested that two accessible parking spaces outside a gym for people with physical disabilities is insufficient parking for the number of clients attending the service.

 

Lauren Van Etten and Paul Anzellotti left the meeting at 5.46pm.

 

 

Craig Squires advised that he would visit the site and check to see that the accessible parking complies with the Australian Standard.  It was suggested that possibly 10 accessible parking spaces could be recommended.

 

GB 3           Road Accidents involving People with Guide Dogs      

Carole Grayson advised that Ray Meadows and his dog Gerry passed away walking on the side of the road in Victoria.  People sometimes have to walk on the road because there is no footpath. This happens daily for people with a guide dog.

 

Discussion was held regarding roads without a footpath including a footpath to connect with the footbridge over the river and the missing link on Nepean Avenue.

 

Councillor Hitchen advised that information would be sought about these issues.

 

Comments were also made regarding problems in shared zones with electric vehicles as they are so quiet.

 

GB 4           Access Reports - Development Application Form - Submission Requirements List  

Farah Madan referred to her comments, which were tabled at 10 April 2019 Access Committee meeting, regarding access reports being added to the Submission Requirements on Council’s development application form.  It was proposed that Access Report be added as a tick box to the Matrix of Information to Accompany the Application on page 6 of the form.

 

GB 5           Abandoned Trolleys Update       

Tracy Leahy gave an update on the abandoned trolley issue. Centro Nepean previously sent a reply letter to Council.  Westfield Centre Management made contact after the last Access Committee meeting and undertook to speak to all the businesses in the centre about trolley management.  The manager also offered to come and speak to the Access Committee if required. 

 

Councillor Carney advised that at Council’s Ordinary Meeting on 27 May 2019 Councillor 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.

 

GB 6           Doors in Westfield     

Anthony Mulholland reported that the doors in Westfield are failing and people did not know who to speak with about this.  There is also an issue with the escalators failing in Westfield.

 

Councillor Hitchen advised that she had previously enquired about the elevators in Westfield and been told they have to wait for parts to arrive from overseas. 

 

Tracy Leahy advised that these matters would be followed up with Westfield.

 

GB 7           Pedestrian Crossing - North Street, Penrith

Hans Meijer advised that a pedestrian crossing will be installed on North Street near Lawson Street at Penrith. The footpath will also be extended into the commuter carpark.

 

GB 8           Extension of 40km Zone    

Council has started extending the 40km zone in the CBD further east, past the Police Station, past the Court House and includes Lawson Street. This should improve safety for pedestrians.

 

 

There being no further business the Chairperson declared the meeting closed the time being 5.55pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 June, 2019 be adopted.

 

 

 


Ordinary Meeting                                                                                                    22 July 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 July, 2019

 

 

 

PRESENT

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

IN ATTENDANCE

Councillor Marcus Cornish, Senior Constable Stephen Page – Nepean PAC (Police Area Command), Steve Grady – Busways, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Catherine Waerner – Road Safety Officer, Isaac Mann - Trainee Engineer, Bernie Meier – Signs and Lines Marking Supervisor, Darrell Boggs – Ranger.

 

APOLOGIES

Adam Wilkinson – Engineering Services Manager, Anthony Baradhy – Traffic Engineering Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 June 2019

The minutes of the Local Traffic Committee Meeting of 3 June 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Station Lane, Penrith - Results of Resident Consultation                         

RECOMMENDED

That:

1.    The information contained in the report on Station Lane, Penrith - Results of Resident Consultation be received.

2.    The current parking conditions on Station Lane, Penrith remain unchanged.

3.    Councillor Jim Aitken OAM be advised of Council’s resolution.

 

2        First Street, Second Avenue and Santley Crescent, Kingswood - Proposed 'No Stopping' Signage                                                                 

Councillor Marcus Cornish requested Council Officers to conduct a review of parking in the area near First Street, Second Avenue and Santley Crescent, Kingswood and conduct an audit of parking restriction signage.

 

 

David Drozd – Traffic Engineering Coordinator advised that Council’s Traffic Engineering Officers are currently investigation Orth Street, near Bringelly Road, Kingswood and a further report will be presented to a future Local Traffic Committee meeting regarding our proposal for the installation of parking restrictions here. 

RECOMMENDED

That:

1.    The information contained in the report on First Street, Second Avenue and Santley Crescent, Kingswood - Proposed 'No Stopping' Signage be received.

2.    Consultation be undertaken with affected residents regarding the proposed installation of ‘No Stopping’ signs at the intersections of First Street, Second Avenue and Santley Crescent, Kingswood as shown in Appendices 2 and 3.

3.    Subject to no substantial objections being received, the proposed ‘No Stopping’ signs and double barrier line marking be installed, as shown in Appendices 2 and 3.

4.    Council’s Rangers and the residents that reported the matter be advised of Council’s resolution.

 

3        Links Road and Dunheved Circuit, St Marys - Provision of "No Stopping" Zones and Centre Line Marking                                                 

RECOMMENDED

That:

1.    The information contained in the report on Links Road and Dunheved Circuit, St Marys - Provision of "No Stopping" Zones and Centre Line Marking be received.

2.    Consultation be undertaken with affected properties regarding the proposed ‘No Stopping’ restriction signage and double barrier centre line marking at the intersection of Links Road and Dunheved Circuit, St Marys, as shown in Appendix 1.

3.    Subject to no substantial objections being received, the ‘No Stopping’ restriction signage and double barrier centre line marking as well as remarking of the existing stop holding lines be provided at the intersection of Links Road and Dunheved Circuit, St Marys, as shown in Appendix 1.

4.    The resident who reported the matter be advised of Council’s resolution.

 

4        Glengarry Drive, Glenmore Park - Proposed New Bus Stop                     

RECOMMENDED

That:

1.    The information contained in the report on Glengarry Drive, Glenmore Park - Proposed New Bus Stop be received.

2.    The installation of one new bus stop on the eastern kerb at the property boundary of house numbers 10 and 12, Glengarry Drive, Glenmore Park, be endorsed for installation.

3.    All costs associated with the installation and relocation of bus stops be funded by Busways.

4.    Busways be advised of Council’s resolution.

 

5        Water Street, Werrington - Provision of 'No Parking' Zone                      

RECOMMENDED

That:

1.    The information contained in the report on Water Street, Werrington - Provision of 'No Parking' Zone be received.

2.    Consultation be conducted with affected businesses and property owners with any substantial objections be referred back to the Local Traffic Committee for consideration.

3.    Subject to no substantial objections, “No Parking” restrictions be installed beside and opposite the driveway of No. 11 Water Street, Werrington as per Appendix 1.

4.    Compass Tours be requested to widen their current driveway splay by 1 metre on the western side to assist turning movements.

 

 

GENERAL BUSINESS

 

GB 1           Dunheved Road and Werrington Road, Werrington - Concerns      about Traffic Congestion       

Councillor Robin Cook (Representative for the Member for Londonderry) expressed concerns about traffic congestion on Dunheved Road and Werrington Road, Werrington.

Wayne Mitchell – Director Development and Regulatory Services (Chair) advised that planning is underway for Dunheved Road to be widened and Council is seeking funding under the State and Federal Governments to facilitate this.

RECOMMENDED

          That the Committee note the information.

 

GB 2           Wainwright Lane, Kingswood - Concerns about Parking      

Councillor Karen McKeown OAM (Council Representative) expressed concerns about vehicles parking along Wainwright Lane, Kingswood and requested Council Officers to investigate the possibility of installing parking restrictions on this street.

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers review parking arrangements along Wainwright Lane, Kingswood and investigate the appropriateness of installing parking restrictions on this street.

 

2.   Councillor Karen McKeown OAM (Council Representative) be advised of the outcome.

 


 

GB 3           The Great Western Highway / Russell Street, Emu Plains -    Pedestrian Safety when using the Footpaths at the Two Roundabouts    

Councillor Marcus Cornish expressed concerns about pedestrian safety when using the footpaths adjacent to the two roundabouts at the on and off ramps along the Great Western Highway / Russell Street, Emu Plains. Councillor Marcus Cornish advised that there is no separation between the footpaths and the roadway, as well as no physical protection for pedestrians on the footpaths.

Wayne Mitchell - Director Development and Regulatory Services (Chair) advised that the Great Western Highway / Russell Street, Emu Plains is a State Road under the control and management of the Roads and Maritime Services (RMS).

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers request the Roads and Maritime Services (RMS) to investigate pedestrian safety when using the footpaths adjacent to the two roundabouts at the on and off ramps along the Great Western Highway / Russell Street, Emu Plains and investigate the possibility of installing a physical barrier.

 

2.   Roads and Maritime Services (RMS) advise Councillor Marcus Cornish of the outcome.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:37am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 July, 2019 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Heritage Assistance Fund                                                                                                  1

 

2        Boarding Houses                                                                                                                7

 

 

Outcome 5 - We care about our environment

 

3        RFT18/19-26 Disposal of Construction Waste                                                                27

 

 

Outcome 6 - We are healthy and share strong community spirit

 

4        RFT18/19-27 Detailed Landscape Design of Regatta Park Precinct                              33

 

5        Financial implications of State Government funding for Penrith City facilities                38

 

6        Naming of Playground in Colyton - Hazel Little                                                               43

 

 

Outcome 7 - We have confidence in our Council

 

7        Investment Policy                                                                                                             48

 

8        Borrowing Policy                                                                                                               53

 

9        Borrowing Program 2018-19                                                                                            55

 

10      Proposed Amendments to 2019-20 Fees and Charges                                                  57

 

11      Audit, Risk and Improvement Committee                                                                        61

 

12      Summary of Investments & Banking for the Period 1 June 2019 to 30 June 2019        69

 

 

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Heritage Assistance Fund                                                                                                  1

 

2        Boarding Houses                                                                                                                7

 

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

 

 

1

Heritage Assistance Fund   

 

Compiled by:               Kathryn  Sprang, Environmental Planner

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Guide quality development outcomes through provision of expert advice and quality customer service

      

 

Executive Summary

Penrith City Council has continued to recognise local cultural heritage values and promote the City’s cultural and environmental heritage through the Heritage Advisory Committee and  the Heritage Assistance Fund. The Office of Environment and Heritage (now referred to as the Premier & Cabinet), also makes an annual contribution to Council’s heritage funding.

 

In response to notification of this year’s round twenty applications were received (2 applications for one property) and ten applications for funding are recommended to be supported. The package of works proposed represents a significant cumulative contribution to heritage conservation through collaboration between private property owners, state and Local Government.

Background

The Heritage Assistance Fund financially assists owners, lessees and not-for-profit organisations of heritage items and conservation areas such as buildings, houses and archaeological sites. The fund also offers grants for conservation work to properties listed in Penrith Local Environmental Plan 2010 as heritage items or within heritage conservation areas.

 

Funding is on a $1 for $1 basis where Council contributes half of the cost of the proposed projects. Works can range from $1 to a maximum of $5,000 of works, however consideration has also been given to projects that are more significant with preference afforded to individually listed heritage items and funding for the commission of Conservation Management Plans and Costed Maintenance Plans, in accordance with this round’s guidelines.  In 2018 Council resolved that available funding be increased up to $100,000 where a valuable contribution to significance is demonstrated.

 

Letters were mailed out to heritage owners (approximately 600 letters sent) alerting them of the opportunity to apply for funding, the program was also advertised in the Western Weekender on the 25 April 2019 and 9 May 2019 and an information session was held on the 10 May 2019 in Council Chambers.  Applications closed on 19 May 2019.   

 

Assessment of Proposed Works

 

A successful application will demonstrate that the proposed works are essential to maintaining the significance of an item that is, the work is appropriate from a heritage perspective and achieves the selection criteria as follows:

 

 

Criteria 1

 

Conservation work required to the item and urgent projects to avert a threat to a heritage item. Projects subject to conservation controls where the owner is able to show hardship arising from conservation work required to the item.

 

Criteria 2

 

Projects that have satisfied submission requirements: details of proposed works and schedule of the specific works to be undertaken, submission of quotes.

 

Criteria 3

 

Demonstrate the proposed works are appropriate from a heritage point of view and would encourage the conservation of other heritage items.

 

Criteria 4

 

Projects that demonstrate value to the community. Projects that are highly visible to the public, e.g. the replacement of a verandah to a building in a main street location.

 

Criteria 5

 

Projects that clearly compliment broader conservation objectives, e.g. projects that implement key findings of heritage studies or conservation management plans/costed maintenance plans.

 

 

Heritage Item & Address

Proposed Works

Estimated cost of works

Grant Requested

Recommended

Grant

1

Lemongrove Conservation Area

18 Hemmings Street Penrith

Removal and replacement of roof

$12,243

$4,500

$0

Owner confirmed works are already completed, since lodging the application. Site inspection confirmed that the roof is colourbond/zincalum.

2

St Marys Magdalene Anglican Church, Hall Cemetery & Grounds

299 Great Western Highway, St Marys

 

Re-carpeting the church floor.

$17,000

$5,000

$0

Works do not contribute to the heritage significance.

3

Lemongrove Conservation Area

8 Hemmings Street Penrith

 

Tiling the front verandah

$3,265

 

 

$1,632

 

 

$0

Works do not contribute to the heritage significance.

4

Hornseywood Avenue Conservation Area

59 Castlereagh Street Penrith

Front Garden pathway

$6,380

$3,190

$0

Works do not contribute to the heritage significance.

5

Lemongrove Conservation Area

35 Lemongrove Road Penrith

 

External painting and repair of cladding

$3,278

$1,639

$0

Works already completed. Not considered to be urgent.

6

Thompson’s Tannery (former) – Archaeological site

 

2 Cole Place, St Marys

 

Replacement of air conditioner

$3,050

$1,525

$0

Works do not relate to the heritage significance of the site.

7

Hornseywood Conservation Area

220 Derby Street, Penrith

Replace existing roof sheeting and bullnose verandah – Galvanised iron to be used.

$25,000

$25,000

$15,000

Heritage Advisory Committee recommends to allow additional funding to the project given the works are significant.

8

North St Marys Staff Cottages – Conservation Area

31 Commonwealth crescent,

North St Marys

Roof Repair (re-pointing)

$1,826

$913

$913

 

9

Presbyterian manse (former)

154 Derby Street Penrith

Re-pointing of brick work

$3,850

$1,950

$2000

 

10

Kelvin Brae, Federation House

142 High Street Penrith

Fill in cracks in render and re-paint

$1,100

$550

$550

11

Torin Building (State listed)

26 Coombes Drive Penrith

Repair front and side fence and maintenance of footpath

 

Monthly maintenance of nature strip (lawnmowing, pruning)

$10,000

 

 

 

$3,500

$5,000

 

 

 

$3,500

$0

 

Commercial business (Natures Best Water) operating at site. Additionally, works do not contribute to the heritage significance.

12

Kenilworth – Dwelling and trees

6-9 Tallwood Road Cranebrook

 

Replacement of front stairs with brick rendered stairs.

$3,960

$3,000

$0

Materials proposed are not appropriate for the period.

13

St Aubyn’s Terrace

255-265 High Street Penrith

Conservation Management Plan & Maintenance Schedule

$18,000

$9,000

$10,000

Heritage Advisory Committee recommends additional funding to the project as Conservation Management Plans are a nominated theme this year.

14

Combewood

234 Coreen Avenue Penrith

Replicate shutters on the upstairs windows on the balcony

$8,760

$4,380

$5,000

Heritage Advisory Committee recommends additional funding to the project as Combewood is a listed heritage item.

15

North St Marys Staff Cottages – Conservation Area

26 Commonwealth Crescent

North St Marys

Roof repair

(replace broken tiles and re-pointing)

$3,000

$1,500

$1,500

16

Lemongrove Conservation Area

28 Thurston Street, Penrith

External painting

$2,310

$1,155

$0

Works already completed.

Building appears to have been built in/around the 90’s

17

Lemongrove Conservation Area

6 Hemmings Street Penrith

Replacement of verandah floor and posts

$10,000

$5,000

$5,000

 

18

Huntington Hall

48-52 Beach Street Emu Plains

Electrical re-wiring of top floor

$8,822

$5000

$5,000

Heritage Advisory Committee recommends additional funding to the project as Huntington Hall is a listed heritage item.

19

Warwick Street Conservation Area

11/7-9 Warwick Street Penrith

Roof Restoration

$8,580

$4,290

$4,290

Total:

$49,253.00

 

Commitment to Funds

In the previous year’s Heritage Assistance Funding rounds it is noted that funds are allocated for the financial year only. This means that in the past, applicants that receive confirmation that Council will financially contribute to their heritage preservation/maintenance works have less than a year to complete the works and arrange for Council officers to inspect the finished works prior to the development services department awarding the funds.

In previous rounds some applicants have struggled to complete the works in the time frame provided. This is because trades with appropriate heritage skills (i.e. stone masonry) can be hard to engage and often take longer to complete the works on heritage buildings. In addition to this when applicants apply for funding towards reports such as Conservation Management Plans, the time permitted is not thought to be sufficient, as these are time intensive documents that can take well over 6 months to prepare (depending on the scale of the building and its state of condition).

Given the scope of funds that Council have contributed to this year and the significant projects proposed, it is recommended that Council consider the opportunity to commit the funds for two financial years, in order to provide adequate time for applicants to complete their nominated projects. This would also bring Council’s commitment of funds, of two years, in line with the Office and Environment and Heritage’s funding policies for heritage projects.

 

Recommendation for Allocation of Remaining Funds

With Council’s contribution and Office of Environment and Heritage’s contribution there is more than $50,000 remaining that has been provided towards the 2019-20 Heritage Assistance Fund. It is therefore suggested that Council consider the re-opening of the 2019-20 Heritage Assistance Fund. The intention would be to target only the commission of Conservation Management Plans and/or Costed Maintenance Plans, for those who own heritage listed buildings, and meet the criteria as per the Heritage Assistance Fund Guidelines 2019/2020. These plans can then better inform and guide the priority of future works.

 

Financial Services Manager’s Comment

The current year’s budget was approved at $100,000, an increase over previous years. This allocation is funded by General Revenue. Pending the allocation of heritage assistance funding of $49,253 as proposed, the balance of $50,747 is still available for a second round of funding in the current financial year.

 

 

Conclusion

The applications were presented to the Heritage Advisory Committee meeting of 19 June 2019 and the committee has recommended the allocation of funding as detailed in this report. The committee also recommended seeking Council endorsement for the re-opening of the 2019-20 Heritage Assistance Fund for Conservation Management Plans/Costed Maintenance Plans.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Heritage Assistance Fund be received.

2.     The Heritage Assistance Fund be allocated as outlined in this report and be available for two financial years.

3.    Further applications be sought and funded from the unallocated balance of  the 2019-20 Heritage Assistance Fund for the preparation of Conservation Management Plans/Costed Maintenance Plans for individually listed heritage items.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

2

Boarding Houses   

 

Compiled by:               Natalie Stanowski, Principal Planner

Abdul Cheema, City Planning Co-ordinator

Authorised by:            Natasha Borgia, City Planning Manager 

Requested By:            Councillor Greg Davies

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

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

      

 

Executive Summary

The purpose of this report is to provide a response on Council’s resolution of the 25 February 2019 regarding boarding houses.  Council has been proactive in working to improve the amenity impacts and built form outcomes of boarding houses. New development controls have been implemented and these have had an immediate effect on development applications. Community concerns regarding boarding house developments have been expressed to the Minister for Planning and Public Spaces and Shadow Minister.

Further strategic work will continue to be undertaken in order to develop better outcomes for our community in relation to boarding house development. This includes working directly with the Department of Planning, Industry & Environment (DPIE) and other Councils for policy change.

Background

At Council’s Ordinary meeting of 25 February 2019, Council RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies.

 

That:

 

1.   Given the proliferation of boarding houses in the Penrith LGA, Council be given advice in a report about recent deferment of medium density housing and complying development controls by the State Government.

 

2.   Council consider what action can be taken to address concerns about amenity, services and traffic raised by the local community associated with boarding house development.

 

3.   Council prepare a report looking at the feasibility of rezoning the area bounded by First Avenue, Second Avenue and Manning Street, Kingswood from R3 to R2.

 

4.   Council make urgent representations to the Minister for Planning, Shadow Minister for Planning and other relevant Ministers/Shadow Ministers on the impact of relevant State Environmental Planning Policies and recent changes to the planning assessment processes.

 

 

 

Matters raised by Council

 

Further to the Council resolution, Council has raised a number of matters in relation to boarding houses through letters and submissions and in summary include:

 

·    Seeking prohibition of boarding houses in a R2 Low Density zone

·    Impacts on amenity, traffic and services

·    Impacts on local character and urban design

·    Clustering

·    Accessibility to public transport and services

·    Affordability

 

Council officers will continue to advocate the community and Council’s views in relevant forums relating to boarding houses.

Response

 

1.   Given the proliferation of boarding houses in Penrith LGA, Council be given advice in a report about recent deferment of medium density housing and complying development controls by the State Government.

 

Boarding houses are a permissible development under the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP) and are also mandated as a permissible use under a number of residential zones and commercial zones under Penrith Local Environmental Plan 2010 (LEP).

 

Separately and unrelated to the SEPP, the NSW Government developed the Low Rise Medium Density Housing Code (the Code) and Low Rise Medium Density Design Guide (the Design Guide) to encourage more low rise medium density housing to be built in NSW to provide better housing choice and affordability with improved quality design. The Code commenced on 6 July 2018. Council requested and were granted further time, until 1 July 2019, to prepare for the introduction of the Code. A request for a further extension of time was sent to the Department on 3 June 2019. Minister for Planning and Public Spaces announced on 13 June 2019 that he has commissioned a review of the Code based on submissions made by Councils and has extended the deferral period until 31 October 2019. On completion of the review, Council will be notified of timeframes and implementation of this Code.

 

The Code permits one and two storey dual occupancies, manor houses and terraces to be carried out under a fast track complying development approval. Currently, development for this purpose would require development consent from Council, however, under the proposed code, approval of dual occupancies, manor houses and terraces may be provided by certifiers (both Council and private) within 20 days, where the proposal complies with the requirements of the code.

 

The Code will apply to the following residential zones: R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential zone, RU5 Village zone. The code can only be used to seek an approval where that type of development is already permitted in the LEP. For example: Councils R2 Low Density Residential zone permits dual occupancies, but does not permit terraces, therefore only dual occupancies could be approved under the code in this zone.

 

A new type of medium density dwelling type, Manor Home is proposed under the code. A Manor Home is a two-storey building containing 3-4 residences. The Code will permit Manor Houses within R3 Medium Density Residential zones

 

The Code adopts the development standards Council has set in Penrith Local Environmental Plan (LEP) for matters such as the minimum lot size for each development type and for any subdivision of a completed development. This means the existing subdivision pattern of Penrith’s established residential areas would be retained, and the planned subdivision outcome in residential areas would not be undermined by the Code. Therefore, the density outcome intended for each of the zones when the Code applies will be not be any greater.

 

Preparation for the Code and implications for the LGA will be considered through the Local Housing Strategy and Rural Lands and Villages Strategy. Together, these documents will review and provide recommendations for the planning and development controls for dual occupancies, manor homes, terraces and any subsequent subdivision in our planning framework. Particularly for dual occupancies within the RU5 Village zone where minimum lot sizes will need to be applied.

 

Council has sought further deferment from the commencement of the Code until such time that our Local Housing Strategy is completed and any subsequent LEP amendment is gazetted.

 

2.   Council consider what action can be taken to address concerns about amenity, services and traffic raised by the local community associated with boarding house development.

 

Council officers must consider and address the likely impacts of development including those raised in submissions and the suitability of the site in the assessment of all development applications. In recognition of ongoing concerns raised by residents, Council officers have been paying particularly close attention to the compatibility of boarding houses proposed as infill development in an existing low density, residential context. Amendments to its Development Control Plan (DCP) came in force on 21 December 2018 and introduced new controls for boarding houses such as:

 

·    Local character,

·    Built form, scale and appearance,

·    Communal spaces,

·    Broader amenity safety and privacy,

·    Visual and acoustic impacts,

·    Traffic, and

·    The requirement of a Plan of Management.

 

In particular the DCP amendments aligns the built form requirements for boarding houses with those for ‘like’ residential development in the relevant zones. As a result of the DCP amendment, Council is in a better position to refuse inappropriate boarding house development. Since the additional boarding house provisions were introduced into the DCP a number of applications in Kingswood have been refused by the Local Planning Panel (LPP) in accordance with the council officer recommendations. In addition, 2 Group Home applications in Manning Street, Kingswood have been refused this year. Four boarding house applications were intended to be reported to 10 July 2019 LPP recommending for refusal, two were withdrawn ahead of the meeting with the other two being refused based on Council officer recommendations. There are also three current appeals in preparation for a Section 34 Conciliation Conference.

 

The current state and local policies provide for consideration of an individual boarding house proposal with regard to development standards, controls and on ‘individual’ merit. Whilst the cumulative impact of development can be a consideration for a given application, the clustering of boarding houses presents a broader policy challenge as there are currently no state and local development standards relating to this. Clustering cannot be assumed to create negative impacts and more research is required in this area to better understand the true impacts as opposed to those currently perceived.

 

A map showing Boarding House DAs within the Penrith LGA and Kingswood area is attached to this report (Attachment 1). The map includes DAs approved, refused, withdrawn, those under assessment, those in ongoing court proceedings and currently on public exhibition.

 

3.   Council prepare a report looking at the feasibility of rezoning the area bounded by First Avenue, Second Avenue and Manning Street Kingswood from R3 to R2.

 

The area bounded by First Avenue, Second Avenue and Manning Street Kingswood is currently zoned R3 Medium Density Residential under Penrith LEP 2010. The area was previously zoned under Penrith Local Environmental Plan 1998 (Urban Land) as:

 

·    2(c) Residential (Low-Medium Density)

·    2(d) Residential (Medium Density)

 

Both 2(c) and 2(d) zones permitted multi-unit housing (under the LEP Definition means development that contains 3 or more dwellings) with development consent. They were translated directly into the best fit equivalent zone of R3 Medium Density Residential available in the State Government’s Standard LEP Template in 2015. The only difference between the 2(c) and 2(d) zones in relation to multi-unit housing was the height of buildings described in the objectives. A consistent two storey height limit was applied to the R3 zone across the LGA.

 

Boarding houses are permissible in a range of residential zones including a R2 Low Density zone and is a mandated land use under the Standard LEP template. Boarding houses are further reinforced as permissible in the zone through the SEPP, therefore Council are unable to prohibit them under Councils LEP. It should be noted that recent amendments to the SEPP restrict the number of rooms to 12 or less in a R2 zone despite Council’s submission on the draft SEPP recommending that boarding houses be prohibited in that zone.

 

Council has the ability to request the Department of Planning, Industry and Environment (DPIE) to rezone this land through a planning proposal to R2 Low Density Residential. A rezoning of this nature would be considered ‘down zoning’ and is unlikely to be supported due to the established nature of the zoning, proximity to employment, education and transport services and the existing medium density development. Also, a ‘down zoning’ would be inconsistent with Ministerial Direction 3.1 where a planning proposal must not contain provisions which will reduce the permissible residential density of land.

 

Furthermore, Council would also need to consider the impact of any down zoning on property values. A reduction in development potential is likely to have substantial impacts on property values that will have economic effects to lending and financial stability for impacted property owners. It is our preferred approach to work towards policy changes that provide for improved planning outcomes. We seek to work with Government to achieve controls that better manage the design, amenity and affordability of boarding houses, in appropriate locations.

 

 

 

 

 

4.   Council make urgent representations to the Minister for Planning, Shadow Minister for Planning and other relevant Ministers/Shadow Ministers on the impact of relevant State Environmental Planning Policies and recent changes to the planning assessment processes.

 

A letter was sent to for Minister for Planning and Public Spaces and Shadow Minister on 26 February 2019 expressing Councils concerns on the impact of the proliferation of boarding houses in Penrith Local Government Area (Attachments 2 and 3). A response was provided on 8 April 2019 (Attachment 4). A further letter was sent to the new Minister for Planning and Public Spaces on 6 May 2019 (Attachment 5).

 

A meeting with the Minister for Planning and Public Spaces will be held 23 July 2019 to raise these concerns.

 

Other Councils policy positions

 

Planning issues for boarding houses are not uniquely experienced by Penrith. There are common planning matters in relation to boarding houses faced by many Councils across Sydney. Local Government NSW (LGNSW) has indicated that a number of Councils had expressed concerns with aspects of the SEPP and facilitated a workshop between DPIE and representatives of the following Councils: Blacktown, Canterbury-Bankstown, City of Sydney, Inner West, Northern Beaches, Randwick in May 2018. LGNSW have expressed that this workshop was very productive for all parties.

 

Several Councils have reported on issues regarding boarding houses permitted under the SEPP and their policy positions including: seeking to reduce the number of rooms a boarding house is permitted within R2 Low Density zones, advocating for boarding houses to only be permitted in medium - high density residential zones, establishing minimum frontage and site area requirements for boarding houses and advocating in respect to the compatibility of boarding houses in low density residential zones and car parking requirements.

 

Additionally, the Member for Lakemba raised boarding house matters in NSW Parliament on 18 June 2019. He raised matters regarding boarding house developments in low – medium density locations, specifically in Greenacre. It was recommended that the Minister for Planning and Public Spaces work with local councils to plan for appropriate affordable housing, whilst maintain the character of R2 Low density zones.

Relevant Studies and Research

 

Notable research has recently been undertaken into boarding house developments and the effect of the SEPP in Southern and Central Sydney, by the City Futures Research Centre of University of NSW. This research is relevant to Penrith as it reinforces our experience and concerns about the function of the SEPP and the boarding houses delivered as a result of it and will assist with future policy discussion. Council will be provided a copy of this research under separate memo.

 

The study concludes that dwellings delivered under the SEPP could be described as ‘micro apartments’ rather than traditional boarding house lodgings. This was concluded on the basis that the boarding house units are generally self-contained, are not particularly affordable and are rented through formal tenancy agreements, rather than lodgings (as the SEPP requires). This calls into question whether the SEPP is delivering affordable housing or is in fact providing an avenue for apartment type development without meeting the amenity outcomes of SEPP 65.

 

Overall, the study suggested that the SEPP has not delivered genuinely affordable rental housing as originally intended. It proposed that more consideration should be given to the design and density context of boarding houses at a broader neighbourhood scale.

 

Future Strategic Work

 

The Department of Planning, Industry & Environment is working with Local Government, including Penrith City Council in relation to boarding house development, as a result of concerns raised by local government and the broader community.

There is strategic planning work being untaken between the Department and Local Councils in relation to the SEPP. This strategic work will be undertaken in tandem with Councils Local Housing Study and Strategy and look to opportunities in future planning controls to manage boarding houses.

Conclusion

 

Council has strongly advocated for the local community in respect to the amenity impacts of boarding house development resulting from the SEPP. New development controls were introduced by Council in December 2018 to manage certain outcomes of boarding house development and these controls have had an immediate impact on applications.

Council will continue to undertake strategic work in conjunction with other Councils and the Department, to ensure development outcomes for boarding houses meet community expectations and intended affordable housing outcomes of the SEPP.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Boarding Houses be received.

2.    Council continue to advocate with State Government in relation to Boarding Houses and the Affordable Rental Housing SEPP that reflect the concerns of our community.

 

 

ATTACHMENTS/APPENDICES

1.

Boarding Houses within Penrith LGA

1 Page

Appendix

2.

Letter from Mayor Fowler to Minister Roberts regarding Boarding House Development

2 Pages

Appendix

3.

Letter from Mayor Fowler to Shadow Minister Mihailuk regarding Boarding House Development

2 Pages

Appendix

4.

Information from Planning and Environment regarding boarding houses in Penrith area

1 Page

Appendix

5.

Letter to The Hon Rob Stokes dated 6 May 2019

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  22 July 2019

Appendix 1 - Boarding Houses within Penrith LGA

 

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Ordinary Meeting                                                                                                                  22 July 2019

Appendix 2 - Letter from Mayor Fowler to Minister Roberts regarding Boarding House Development

 

 

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Ordinary Meeting                                                                                                                  22 July 2019

Appendix 3 - Letter from Mayor Fowler to Shadow Minister Mihailuk regarding Boarding House Development

 

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Ordinary Meeting                                                                                                                  22 July 2019

Appendix 4 - Information from Planning and Environment regarding boarding houses in Penrith area

 

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Ordinary Meeting                                                                                                                  22 July 2019

Appendix 5 - Letter to The Hon Rob Stokes dated 6 May 2019

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

3        RFT18/19-26 Disposal of Construction Waste                                                                27

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

 

 

3

RFT18/19-26 Disposal of Construction Waste   

 

Compiled by:               Matthew  Buckley, Major Projects Coordinator

Gowry Gowrythasan, Acting Manager Civil Works and Workshop

Matthew  Nicholson, Operations Coordinator - Civil

Ron Smith, Commercial Waste Coordinator

Authorised by:            Tracy Chalk, Waste and Resource Recovery Manager  

 

Outcome

We care for our environment

Strategy

Support our community to use resources wisely

Service Activity

Manage resource recovery and waste collection services

      

 

Executive Summary

Tender reference RFT18/19-26 Disposal of Construction Waste was advertised in the Western Weekender on 18 April 2019 and Sydney Morning Herald on 23 April 2019. The tender closed on 11 June 2019.

 

The report advises Council of the outcome of the tender process and recommends that the tender from Hi-Quality Recycling Services Pty Ltd be accepted for the schedule of rates outlined in the RFT18/19-26 Disposal of Construction Waste. The tender requested rates for disposal of assorted waste material categories and a separate portion for haulage rates.

 

The Contract will be for an initial period of six (6) years, with an option by Council to extend the agreement for a further two (2) x 2 year periods, subject to satisfactory performance.

Background

The purpose of tender reference RFT18/19-26 Disposal of Construction Waste is to provide council the resources to dispose of waste generated by council construction and maintenance works. The tender requested tenderers to submit waste disposal and cost information in a format that would allow Council to assess the most economical and environmentally efficient way of dealing with waste generated from Council activities.

 

Tenderers are required to accept disposal waste generated by council construction works. This waste will generally be delivered by council staff and nominated contractors to the designated appropriate facility. Where large quantities of waste are located at a particular site Council may require both the haulage and disposal of this material from site. A second portion was also included in the tender for haulage of construction waste from the job site.

 

The tender was extended by issuing of Addendum to allow additional disposal rates to be included within the disposal tender.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Ron Smith (Commercial Waste Coordinator), Matthew Nicholson (Operations Coordinator – Civil Works), Matthew Buckley (Major Projects Coordinator), Gowry Gowrythasan (Chair and Acting City Presentation Manager) and was supported by Allyce Langton (Procurement Specialist). The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

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

 

Company

Company Location

Location of Disposal Facility

Directors

CHAMBERS CIVIL CONSTRUCTION PTY LTD

Schofields NSW 2762

Detail not provided.

   # Refer Note 1 Below

Frank Chambers -

DEVIL BEND RECYCLING GROUP PTY LTD

Revesby NSW 2212

1.   Eastern Creek

2.   Silverwater

3.   Seven Hills

4.   Marsden Park

    # Refer Note 1 Below

Dalia Abbass

ENVIROCIVIL NSW PTY LTD

Kings Park NSW 2148

Kings Park

Peter Day

G.P.P. EXCAVATION & DEMOLITION CONTRACTORS PTY LIMITED

Chullora NSW 2190

Chullora

Peter Mitropoulos

Niki Mitropoulos

George Mitropoulos

Theo Mitropoulos

HI-QUALITY RECYCLING SERVICES PTY LTD

Kemps Creek NSW 2178

St Marys

Patrick Hallinan

Greg Leghissa

Giuseppe Bergamin

Stephen Hallinan

Adam Hallinan

Bryan Hallinan

JMS EARTHMOVING PTY LTD

Rossmore NSW 2557

1.   Strathfield South

2.   Wetherill Park

   # Refer Note 2 Below

John Moris Samaan

KLF HOLDINGS PTY LTD

Camellia NSW 2147

1.   Camellia

2.   Asquith

John Scarlis

Harry Scarlis

George Scarlis

RKC GROUP PTY LTD

Agnes Banks NSW 2753

1.   St Marys

2.   Marsden Park

3.   Mulgoa

   # Refer Note 1 Below

Travis Teuma

Lisa Teuma

WANLESS RECYCLING PTY LTD

Artarmon NSW 2064

Kemps Creek

Dean Wanless

# Note 1 – Nominated disposal facility not owned or managed by tenderer.

# Note 2 – Nominated disposal facility not owned or managed by tenderer. Location estimated from details provided.

 

 

All tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules and the location of the disposal facility to determine the best value for money solution for the tender services. The evaluation also considered whether the tenderer held the licence for their own facility or was reliant on a third party to provide and manage the disposal facility.

 

The tenders submitted by Envirocivil Pty Ltd and Wanless Pty Ltd did not complete enough tender rates to fully consider in the pricing comparison. The Committee were of the opinion that there was no advantage to give further consideration to these tenders.

 

The remaining tenders were then compared for pricing using estimated annual disposal volumes for each disposal product.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from Hi-Quality Recycling Services Pty Ltd was considered by the Tender Evaluation Committee to be providing the best value for money compared to the next on the ranking list in terms of effectiveness and price.  Hi-Quality Recycling Services Pty Ltd achieved the highest effectiveness score based on conformance with the evaluation criteria including Work Health and Safety, previous experience and location. The schedule of rates also provides best value for money in comparison with the next most suitable tender submission. Hi-Quality Recycling Services Pty Ltd is a local company with disposal facilities conveniently located at St Marys, and is also currently contracted by Penrith City Council for construction waste disposal as a result of the previous construction waste tender.

 

The table below ranks the conforming tenders received from lowest to highest price in respect of Council’s estimated annual quantity for disposal.

 

Company

Disposal - estimated annual cost

HI-QUALITY RECYCLING SERVICES PTY LTD

$ 1,125,000.00

CHAMBERS CIVIL CONSTRUCTION PTY LTD

$ 1,127,500.00

DEVIL BEND RECYCLING GROUP PTY LTD

$ 1,129,000.00

KLF HOLDINGS PTY LTD

$ 1,590,000.00

G.P.P. EXCAVATION & DEMOLITION CONTRACTORS PTY LIMITED

$ 1,614,000.00

RKC GROUP PTY LTD

$ 1,706,250.00

JMS EARTHMOVING PTY LTD

$ 1,752,000.00

 

The rates for haulage were also compared. The schedule of rates from Hi-Quality Recycling Services Pty Ltd for the haulage portion was also highly competitive, scoring second in price ranking for the haulage portion of the tender. It is recommended to also award Hi-Quality Recycling Services Pty Ltd for the haulage portion of the waste disposal contract.

 

Hi-Quality Recycling Services Pty Ltd have provided similar services for Penrith City Council, other councils, commercial clients and has also demonstrated a strong understanding of the technical and contractual aspects of the tender.

 

The recommended company, Hi-Quality Recycling Services Pty Ltd was selected based on their;

 

1)    Compliance with the tender evaluation criteria,

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

3)    Competitive price for the services offered along with demonstrating its overall effectiveness in the delivery of works under contract.

 

Financial Services Manager’s Comment

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis on Hi-Quality Recycling Services 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 Hi-Quality Recycling Services Pty Ltd.

Tender Advisory Group Comments

These checks are being progressed. Should any concerns be identified through the checks as to the ability of Hi-Quality Recycling Services Pty Ltd to perform the works described, Council will be further advised. 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

Tender Advisory Group (TAG) Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Executive Manager City Assets, Brian Steffen, Governance Coordinator, Adam Beggs and Supply Coordinator Lana Axford, were briefed by the tender review committee about the background and the process followed. The TAG noted that the lowest price tender was recommended in relation to the tender for disposal of construction waste and that the company has experience in completing similar projects, along with having a facility located in the local government area. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Conclusion

The Tender Evaluation Committee is of the opinion that Hi-Quality Recycling Services Pty Ltd provided the most advantageous tender and it is recommended that they be awarded the contract for both disposal and haulage portions of the contract for an initial period of six (6) years, with an option by Council to extend the agreement for a further two (2) x 2 year periods, subject to satisfactory performance and subject to the return of an acceptable financial check.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT18/19-26 Disposal of Construction Waste be received.

2.    Hi-Quality Recycling Services Pty Ltd be awarded the contract for both disposal and haulage portions of the contract for an initial period of six (6) years, with an option by Council to extend the agreement for a further two (2) x 2 year periods, subject to satisfactory performance and 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 if necessary

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

4        RFT18/19-27 Detailed Landscape Design of Regatta Park Precinct                              33

 

5        Financial implications of State Government funding for Penrith City facilities                38

 

6        Naming of Playground in Colyton - Hazel Little                                                               43

 

 

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

 

 

4

RFT18/19-27 Detailed Landscape Design of Regatta Park Precinct   

 

Compiled by:               Mudassar  Fayyaz, Major Projects Coordinator 

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide designs and plans for Council's parks and sportsgrounds

      

 

Executive Summary

Tender reference RFT18/19-27 for the detailed landscape design of Regatta Park Precinct was advertised in the Western Weekender on 23 May 2019 and in Sydney Morning Herald on 28 May 2019. The tender closed on 2 July 2019.

 

This report advises Council of the outcome of the tender process and recommends that the tender from McGregor Coxall Unit Trust for the full scope of works outlined in RFT18/19-27 Detailed Landscape Design of Regatta Park Precinct be accepted for the amount of $442,912 (excluding GST).

Background

In 2013 Council adopted “Our River Masterplan” which outlines a bold vision for the Regatta Park precinct at Emu Plains. Currently the park is bisected into east and west corridors by River Rd and “Our River Masterplan” identifies the opportunity to realign River Road to better integrate two parts of the park.

 

In 2016 a detailed Landscape Master Plan (DLMP) was prepared for “our River” precinct, including Regatta Park. The DLMP sets the framework for festival and event opportunities with more contemporary facilities on the river foreshores. It also provides the next level of detail to create more usable space for the community entertainment and better connected and accessible shared paths.

 

Under the Western Sydney City Deal’s Liveability Program, $24 million has been committed for the upgrade of Regatta Park. The NSW Government has committed $15 million to the project, with a $9 million contribution from Penrith Council.

 

This Landscape Design Project would provide detailed landscape design documentation for advertising the construction tender.

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Karin Felten - Landscape Architecture Supervisor, Nathan Burbridge - Economic Initiatives Manager, Alison Randall – City Precinct Facilitator, Mudassar Fayyaz - Major Projects Coordinator and was chaired by Michael Jackson - Design and Projects Manager.  Laura Stott and Bill Stanley 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

·    Project Appreciation

·    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

·    Value for money

 

Initial Tender Review

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

 

Company

Tendered Price

Company Location

Directors/Authorised Representative

GHD Woodhead Pty Ltd

$374,262

 

133 Castlereagh Street Sydney, NSW

Nicolas Beaulieu Asselin

Phillips Marler Pty Ltd

$439,645

 

Suite 203 27 Abercrombie Street, Chippendale NSW 2008

Julie Marler

McGregor Coxall Unit Trust

$442,912

 

Suite 101, Level 1/39 E Esplanade Manly NSW

2095 Australia

Philip Coxall

Context Landscape and Scape Design Pty Ltd

$529,711

Level 2 52-58 William Street East Sydney NSW 2011

Hamish Dounan

Complete Urban Pty Ltd

$548,170

10 Regent Street Chippendale NSW 2008

Paul Knox

CHRISP Consulting Pty Ltd

$592,000

15 Jersey Street, Turramurra, NSW, 2074

Chris Paunescu

Environmental Partnership (NSW) Pty Ltd

$596,381

Suite 301 22-36 Mountain Street, Ultimo. NSW. 2007.

Adam Hunter

 

Taylor Brammer Landscape Architects Pty Ltd

 

$602,340

 

218 Oxford Street

Woollahra NSW 2025

 

D Matthew Taylor

Turf Design Studio Pty Ltd

$617,135

95 Kingsway Cronulla NSW

2230

Mike Horne

CLOUSTON Associates Australia Pty Ltd

$698,378

65-69 Kent Street, Miller's Point, Sydney, Australia 2000

Crosbie Lorimer

 

Tenders submitted by the following 5 companies were higher than the expected price range

 

·    CHRISP Consulting Pty Ltd

·    Environmental Partnership (NSW) Pty Ltd

·    Taylor Brammer Landscape Architects Pty Ltd

·    Turf Design Studio Pty Ltd

·    CLOUSTON Associates Australia Pty Ltd

 

The Committee were of the opinion that there was no advantage to give further consideration to these tenders.

 

Evaluation of the Preferred Tender

Tenders from following 5 companies were in an acceptable price range

 

·    GHD Woodhead Pty Ltd

·    Phillips Marler Pty Ltd

·    McGregor Coxall Unit Trust

·    Context Landscape and Scape Design Pty Ltd

·    Complete Urban Pty Ltd

 

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

 

GHD Woodhead Pty Ltd submitted the lowest priced tender but their project appreciation, methodology and program couldn’t establish the desired level of detail to successfully undertake this complex design project. The project program submitted by GHD lack necessary details and various milestones were either missing or not practically integrated to achieve consultancy objectives. Design coordination between landscape, community and road consultant was not comprehensively considered in GHD’s tender submission. Additionally, the complete scope of works for public art is not entirely covered as elaborated in project brief.     

 

Tender evaluation committee is also convinced that GHD’s experience couldn’t demonstrate the excellence in handling projects of similar scale and nature. After evaluating their tender against evaluation criteria, GHD couldn’t convince the tender evaluation committee to score highest effectiveness ranking in non-price criteria among top 5 tenderers.

 

Phillips Marler Pty Ltd submitted the second-best offer but their tender couldn’t score well when assessed against non-price evaluation criteria. Although they have demonstrated their ability in designing some open space projects most of them are of a smaller scale as compared to the Regatta Park Project which requires a very high level of expertise to handle multidisciplinary design components.

 

The tender evaluation committee was of the opinion that their tender submission couldn’t validate comprehensive project appreciation and lacked necessary details. Phillips Marler Pty Ltd, through their tender submission, couldn’t convince the tender evaluation committee to have included the details of all the inhouse expertise and subconsultants team to manage Regatta Park Landscape Design Project.   

 

Following a detailed assessment, the tender from McGregor Coxall Unit Trust indicated the highest conformance ranking with the evaluation criteria.

 

Recommended Tenderer

McGregor Coxall Unit Trust is multi-disciplinary design firm who won several awards for delivering a wide range of projects in both the private and public sector. The company has demonstrated their skills and experience in delivering projects of similar scale and nature with other Councils across NSW.  

Their proposal was considered by the Tender Evaluation Committee to provide the highest value for money compared to the next on the ranking list in terms of effectiveness.  

 

The recommended company, McGregor Coxall Unit Trust was selected based on their:

 

1)      Compliance with the tender evaluation criteria,

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

3)      Best value for money

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to experience of the proposed tenderer and conducted reference checks. The tender evaluation committee is convinced that McGregor Coxall have comprehensively elaborated their project appreciation, provided a detailed methodology covering all aspects of the project and furnished a detailed program with their proposal. The committee opines that McGregor Coxall demonstrate the required level of expertise and experience to deliver the best consultancy and design objectives for Regatta Park Precinct.  

Financial Services Manager’s Comment

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis on McGregor Coxall Unit Trust. 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 McGregor Coxall Unit Trust.

Tender Advisory Group (TAG) Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen – Director City Services, Adam Beggs - Governance Coordinator, Neil Farquharson – Financial Services Manager and Lana Axford – Supply Coordinator 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 Detailed Landscape Design for Regatta Park noting that the recommended tender is providing the best value for money. 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 McGregor Coxall Unit Trust provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $442,912 excluding GST, subject to the return of an acceptable financial check.

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT18/19-27 Detailed Landscape Design of Regatta Park Precinct be received

2.    McGregor Coxall Unit Trust be awarded the Contract subject to the execution of a formal agreement for the Detailed Landscape Design of Regatta Park Precinct for the amount of $442,912 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                                                                                                    22 July 2019

 

 

 

5

Financial implications of State Government funding for Penrith City facilities   

 

Compiled by:               Rachel Pagitz, Advocacy and Government Relations Officer

Hans Meijer, City Assets Manager

Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Kylie Powell, Director - City Futures

Nathan Burbridge, Economic Initiatives Manager 

Requested By:            Councillor Karen McKeown OAM

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

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

      

 

Executive Summary

At Council’s Ordinary meeting on Monday 29 April 2019, Cr Karen McKeown OAM requested a report on the implications of funding announced during the lead up to the State election on Council’s budget. The State election was held on 23 March 2019 and funding was promised by candidates for a number of Council facilities and assets in the City as well as other major infrastructure.

Background

As identified in the Community Plan, Council works with State and Federal governments to achieve the integrated delivery of services and infrastructure our community wants in the City. In April 2018, Council adopted an Advocacy Strategy to direct and support Council’s advocacy to government. Our Advocacy vision is to: Influence the decisions made by Government and others to the benefit of our Penrith community and create a more liveable, productive and successful City.

 

Council can receive funding directly and indirectly from the Government. Predominantly this comes in the forms of grants under Government programs. In other instances, funding can be made available by the government in response to representations by community and sporting organisations to upgrade or improve their facilities. In many instances, Council’s Building Asset Renewal program is unable to fund all of the upgrades desired by the community.

 

Council actively monitors grant funding opportunities and makes submissions where advantageous.

 

Recent grant funding announcements:

 

In February 2019 Council adopted to accept these Greater Sydney Sports Facility Fund grants awarded.

 

Facility /

Project

Description of works

Capital Cost

Ongoing asset costs

Jamison Park, South Penrith. Multi – sport Synthetic Surface.

Installation of a multi-sport / multi – purpose synthetic surface incorporating two rectangular fields and a cricket/ AFL oval.

 

Project completion expected March 2021.

Project Cost $3,767,500

Government

$2,565,300

Council

$1,127,200

Nepean Football Association

$75,000

$54,500/annum (maintenance) + $1,380,000 renewal (year 10)

*Ahead of delivery, Council will be further consulted in relation to fees and charges related to the maintenance and provision of synthetic fields in the City.

Mark Leece Oval, St Clair.

New Amenity Building

Replace existing and construct a new amenity building.

 

Project completion expected December 2021.

 

Project Cost

$1,740,000

Government

$1,285,000

Council

$455,000

$43,500/annum (operational / maintenance)

Mulgoa Rise, Glenmore Park. Amenity building extension.

Amenity Building extension to include additional 2 changing rooms.

 

Project completion expected December 2020.

 

Project Cost

$650,000

Government

 

$16,300/annum (operational/ maintenance)

 

 

The proposed projects will support over 70 various sports clubs, associations, state sports organisations, school sports associations, schools. Event organisers will benefit from contemporary, accessible and sustainable facilities with increased capacity to accommodate a more diverse range of programs, activities and events of local, regional and state significance.

 

Additional recreation projects to receive funding:

 

Project

Description

Funding announced

Funding source

Ongoing asset costs

Woodriff GardensTennis Complex, Penrith.

Upgrade of the existing change room, multi-purpose function space and kitchen facilities. New outdoor community play space and viewing deck.

 

Project completion expected March 2022.

 

$1.5m

NSW Office of Sport

$37,500/annum (operational / maintenance)

Eileen Cammack Reserve,

Jamisontown.

Upgrades to existing amenities block

 

Project completion expected March 2021.

 

$500,000

NSW Office of Sport

$12,500/annum (operational / maintenance)

Leonay Oval,

Leonay.

Extension to the existing upper amenities to include canteen facilities, multi-purpose room and floodlighting upgrade across the site.

 

Project completion expected September 2020 for floodlights; and March 2021 for amenities.

$750,000

NSW Office of Sport

$10,000/annum (operational/

Maintenance

(facility) &

$10,000**/annum

(floodlight maintenance & energy costs)

**Council has fees and charges that sports clubs pay for fields when using floodlights so actual cost to Council is less.

 

Synthetic Athletics Track

Location to be determined based on consultation with relevant sporting associations.

 

Project completion expected December 2022.

 

To be confirmed

NSW Office of Sport

*These projects are subject to community consultation and further scoping and will be reported to Council in more detail.

Parker Street fields, Penrith.

Upgrade to existing floodlighting, amenities, and storerooms.

 

Project completion expected December 2021.

 

$1.5m

NSW Office of Sport

Hickeys Lane Sports fields, Penrith.

Expansion of venue and associated field upgrades.

 

Project completion expected March 2022.

 

To be confirmed

NSW Office of Sport

 

*Note that project completion timescales provided in the table above are subject to the finalisation and signing of funding agreements and timing of budget allocations.

 

In relation to the ongoing asset cost, a simple formula relating to the capital costs has been applied consistent with when assets are dedicated to Council by developers. It should be noted that in some instances, Council has current ongoing maintenance/asset renewal liabilities for a number of these facilities and any difference has not been calculated.

 

 

Other projects that received funding ahead of the State election

 

Project

Description

Funding announced

Funding source

Ongoing asset costs

Mulgoa Road Upgrade

Expansion of current funding, to upgrade Glenmore Parkway to Jamison Rd

 

NSW Government to advise timeframes for completion.

 

$260m

NSW Government

N/A State road however officers note removal of tunnel will see a reduction in Council maintenance budget

Mamre Road upgrade

Upgrade 3.8km to four lane dual carriageway

 

NSW Government to advise  timeframes for completion.

 

$220m

NSW Government

N/A State road. Subject to designs.

Emu Plains Commuter Carpark

Delivery of additional 800 space multistorey carpark

 

NSW Government to advise timeframes for completion.

 

$71m

NSW Government

N/A City Rail asset

Open Space enhancements

In line with Our River Masterplan at Nepean River.

 

Project being delivered by Dept Open Space and Parklands and the Dept to advise timeframes for completion.

 

$10m

Dept Open Space and Parklands

Unable to be determined at current time as full scope of projects to be included is being developed and concepts prepared

Hadley Estate

Acquisition of heritage item at Penrith Lakes

 

N/A

 

N/A

Stage 1 North South Rail

Co-funding with Australian Government for Stage 1 of North South Rail

 

NSW Government to advise timeframes for completion.

 

$2bn

NSW Treasury/TfNSW

N/A

 

Financial Services Manager’s comments

 

Grant funding of $4.5m has been confirmed to contribute towards a total project cost of $6.16m. A further $2.56bn of promised funding is yet to be confirmed which includes projects that still require community consultation or a full scope of works to be developed and concepts prepared.  These grants provide Council with the opportunity to leverage existing funding to improve facility standards, access, and participation in line with Council’s plans, programs and strategies.

 

Where co-contribution funding has been identified as part of the project budget, these can be accommodated  within Council’s existing Building and Parks Asset Renewal Programs, s7.11 Developer Contributions Plans, the Telecommunications Access Fund and Council’s operating budgets (e.g. Project Design).

                                                                                                                

Once completed, the proposed projects will require an increase in Council’s asset maintenance and renewal requirements which are funded from General Revenue. It should be noted that the asset renewal costs for the proposed Jamison Park Synthetic Fields is significant when measured against the other projects. This is because the playing surface needs replacing every ten years or thereabouts. In today’s dollars this renewal cost is estimated to be in the vicinity of $1.2 million.

 

Conclusion

 

The purpose of this report is to outline the anticipated maintenance budget for projects where we have applied and received government funding; or where a project has come forward based on community representation. In preparing applications for grants, maintenance costs are factored in as part of the application process. For projects outside of that, there are maintenance costs to consider.

 

The information in this report indicates that the maintenance budget implications especially for upgrading of assets is managed often because project costs require a co-contribution. This allows us to predict and make adjustments to general revenue funding that factors in maintenance costs. Consequently, the maintenance costs for upgrading of facilities can be accommodated and forecast appropriately.

 

 

RECOMMENDATION

That the information contained in the report on Financial implications of State Government funding for Penrith City facilities be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

6

Naming of Playground in Colyton - Hazel Little   

 

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

Authorised by:            John Gordon, City Presentation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Maintain the City's sportsgrounds, parks and open spaces

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the naming of the existing playground within Ted Little Park, Colyton after Ted’s late wife Hazel Eileen Little.  This follows representations made by the family highlighting Hazel’s tireless work for the community of St Marys.

 

Discussions with Geographical Names Board (GNB) staff confirmed that any request to consider a change to the existing name of the reserve would likely not be supported by the GNB. Therefore, the report recommends that the information be received and in accordance with Council’s Naming of Parks and Reserves policy, a sandstone memorial and plaque be erected adjacent to the existing playground within the reserve, detailing the accomplishments of Hazel Eileen Little.

Background

The family of the late Edward Douglass Little and Hazel Eileen Little have made representations to Council seeking recognition of the tireless community work undertaken by Hazel towards the people of St Marys.  This follows her passing, at the age of 94 years, in January 2017.

 

The reserve on the eastern side of Lennox Street, Colyton was gazetted as Ted Little Park by the GNB on 24 August 2007. This was done to acknowledge the significant contribution made by Ted, Hazel’s husband, to the local area over many years.  Ted and Hazel settled in St Marys in the last 1950s, purchasing a small grocery business and made their home, situated on the corner of Princess Mary Street and the Great Western Highway.

 

Ted & Hazel raised a total of 9 children, with many other local St Marys children calling Hazel “mum” or “Aunty Hazel”. Ted’s involvement as a leader in the Boy Scouts meant he spent many weekends away, leading youth camping trips, while Hazel looked after other local children who failed to go.  For many years the young boys, who had become men, returned to Hazel & Ted’s house to speak to them and thank them for all their help in looking after them during their early years.

 

As ill health ascended on Ted, Hazel continued to care for him.  Quite often neighbours, who were younger than she was, would ring her up and ask if she would go to the shops and purchase items for them.  Without questioning them, Hazel would walk to their place, obtain a list and walk down to the corner shop and purchase the products that they had asked for and carry them back without any recognition for her good deeds.

 

Hazel also deserves recognition for the support she gave her husband Ted, whose involvement in local activities helped mould the community of St Marys in its early years.

 

Conclusion

 

Following representations from the family, Council officers spoke to GNB staff.  Advice received confirmed that any request to change the name of the existing reserve from Ted Little Park, gazetted in June 2007, would unlikely be approved by the GNB.  However, the GNB were happy for Council to consider renaming a section or element of the reserve.

 

Council’s Naming of Parks and Reserves policy, states that Council may give consideration to naming portions of a park or reserve with names of persons.  This may occur when the park already has a name and a request has been received for the naming an element or field within that park. This approval can be determined by resolution of Council and does not need the approval of the GNB. 

 

Following a review of all the information provided, it is considered that the naming of the playground in Ted Little Park, Colyton after Ted’s wife Hazel is warranted in recognition of her tireless work for the St Marys community.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Naming of Playground in Colyton - Hazel Little be received.

2.    Council endorse the naming of the playground in Ted Little Park, Colyton after Hazel Eileen Little.

3.    Following endorsement, an official naming ceremony be held at the park.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

7        Investment Policy                                                                                                             48

 

8        Borrowing Policy                                                                                                               53

 

9        Borrowing Program 2018-19                                                                                            55

 

10      Proposed Amendments to 2019-20 Fees and Charges                                                  57

 

11      Audit, Risk and Improvement Committee                                                                        61

 

12      Summary of Investments & Banking for the Period 1 June 2019 to 30 June 2019        69

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    22 July 2019

 

 

 

7

Investment Policy   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

Council’s Investment Policy (the Policy) in relation to surplus funds is due to be reviewed and Council Officers have done so over recent months.  It is a prudent and appropriate financial management practice that the Policy be reviewed from time to time.

The current Ministerial Investment Order was issued in 2011 and was incorporated in Council’s 2013 Policy revisions.  Since this time the Office of Local Government (OLG) has issued one further circular that allows Councils to seek investment advice from NSW Treasury Corporation (TCorp). Throughout the review Council Officers consulted with TCorp and have incorporated their suggestions into the draft Policy changes being proposed tonight in relation to the:

·    Maximum % allowed per Institution;

·    Addition of Maturity limits; and

·    Addition of requirements for third party dealers and clarification around NSW Treasury Corp (TCorp) Investments. 

 

The draft policy was reported to a Councillor Briefing on the 23 May 2019 and Councils Audit Risk Improvement Committee on the 12 June 2019. The draft policy is being reported tonight to the Ordinary Meeting for consideration and adoption.

 

Background

In May 2010 the Department of Premier and Cabinet, Division of Local Government released their Investment Policy Guidelines to assist councils in their preparation of an Investment Policy for the prudent and appropriate management of councils’ surplus funds. This was in response to concerns some funds were not invested in councils’ names, and the loss of capital from some councils investing in structured products like Collaterised Debt Obligations (CDOs). The Ministerial Investment Order dated 11 February 2011 removed the ability for councils to invest in mortgages of land, deposits with Local Government Financial Services and added key considerations.

On 10 October 2017 the OLG released Circular Number 17-29 - Interim TCorp Waiver which allows councils to seek investment advice from TCorp as part of their financial and strategic planning processes. Section 5 of the Guidelines requires councils to seek advice from advisors licenced by the Australian Securities and Investments Commission, to receive written confirmation that no actual or potential conflicts of interest exist, and to undertake separate reference checks of advisors.

Council’s Investment Policy was last amended and reported to Council on the 13 May 2013. The Policy has been completely reviewed and proposed updates are as follows:

Variations to existing Investment Policy 

Institutions invested in by Council

 

The current maximum % investment limit table below (Table 1) is proposed to be separated into two separate tables to provide a more comprehensive format. The current Australian Cash & Fixed Interest column has been re-named and separately tabled Portfolio Credit Limits (Table 2), while the current Max % with a single issuer has been re-named and separately tabled as Individual Counterparty Limits (Table 3).

 

Table 1: Maximum % limit allowed per Institution (Current Policy)

 

Institutions  

Australian Cash & Fixed Interest

Max % with a single issuer

Max % with NSW T Corp

S & P Rated AA- (very strong capacity to pay) or better

100

25

N/A

S & P Rated A+ and A (strong capacity to pay)

100

20

N/A

NSW Treasury Corporation (TCorp)

20

20

20

Building Societies (holding S&P Investment grade rating as a minimum) or Moody’s / Fitch equivalents

20

20

N/A

 

 

Table 2: Maximum % Portfolio Credit Limit allowed (Revised Policy)

Portfolio Credit Limits

Long Term Credit Ratings

Categories

Short Term Credit Ratings

Maximum

AAA

 A-1+

100%

AA

A-1+

100%

A+/A

A-1+

60%

A-

A-2

40%

BBB+

A-2

20%

Specific Ministerial Approved Forms of Investment

        NSW Treasury Corp Deposits and TCorpIM Cash Funds

           40%

 

Table 3: Maximum % Individual Counterparty Limit allowed (Revised Policy)

Individual Counterparty Limits

Long Term Credit Ratings

Categories

Short Term Credit Ratings

Maximum

AAA

A-1+

40%

AA

A-1+

40%

A+/A

A-1

25%

A-

A-2

20%

BBB+

A-2

10%

NSW Treasury Corp Deposits and TCorpIM Funds

        Cash Fund/Short Term Income Fund

           30%

        Medium Term/Long Term Growth Funds

           10%

A summary of changes includes:

·    Removing the reference to Building Societies and referring only to the Credit Ratings, currently only BBB+ investments and above are proposed.

·    Splitting TCorp to show there are two main types of investment funds, Cash funds and Growth funds, with limits amended to reduce the limit for the Growth funds to 10% and increase for the Cash fund to 30%, from a grouped 20%.

·    The maximum amount for AAA and AA category (very strong ability to pay) increased from 25% to 40%. This is to take advantage of the highest daily interest rates which sometimes cannot be entered into due to being at capacity with these counterparties.

Table 4: The change in limits have also been benchmarked with other councils as below:

Rating

Short Term/Long Term

Camden

Sydney

Wollon-gong

Liverpool

Blacktown

Penrith

Current

Penrith

Proposed

A-1+/AAA

40%

33.3%

40%

45%

40%

25%

40%

A-1/AA

40%

25%

25%

35%

30%

25%

40%

A-2/A

35%

20%

Max $50M

15%

25%

20%

20%

25%

A-3/BBB**

15%

10%

max $10M

10%

15%

2%

20%*

10%*

Unrated

-

-

10%

2%

-

-

-

APRA regulated foreign subsidiary banks

5%

-

-

-

-

 

 

*The current policy allows investment in an institution with an investment grade rating from Standard and Poor’s or equivalent under Safe Custody Arrangements (page 6). Under the Standard and Poor’s rating guide, grades AAA+ to BBB- are investment grade.

**We are proposing to split BBB investments and the proposed percentage above, Penrith proposed BBB % relates to BBB+ only.

 

Term to Maturity Limits

 

Term to Maturity limits have been added to the Policy to ensure liquidity of funds and will be included in the monthly reporting to the Council. Proposed limits are below:

 

Table 5:

Term to Maturity Limits

 

Short Term

 (0-1 yr)

Medium Term

(Over 1-5 yrs)

Long Term

(Over 5 yrs)

Minimum

20%

0%

0%

Maximum

100%

                  30%

10%

 

Managed Funds

The current Ministerial Order gazetted 11 February 2011 allows investments in NSW Treasury Corp Hourglass Facilities. The Hourglass facilities are now referred to by NSW Treasury as TCorpIM Funds and consists of two types of Cash and two types of Growth Funds.

 

Council currently invests surplus cash in the TCorp Cash Fund where possible, due to a higher return than the CBA call account, approximately 2% (varies) compared to a flat 1.45%. 

 

The Growth funds are for longer term investment periods of 3 to 7 years and are subject to market fluctuations, which could give negative returns for some periods. These funds benchmark returns of CPI + 2% p.a. for Medium and CPI + 3.5% p.a. for Long Term Growth Funds. According to their Performance Summary as at January 2019, all four TCorpIM funds showed actual returns of the growth funds between (4.7% - 9.9%) for investments 3 to 7 years.

 

The current policy maximum limit does not distinguish between the types of funds available and currently has 20% maximum stated for TCorp Hourglass Facility. It is proposed that the maximum limits be amended to 30% for Cash funds and 10% for the Growth funds (medium and long term combined). Council hasn’t invested in the Growth funds to date.

 

Table 6: Comparisons to other council policies for the TCorp IM Growth Funds:

Council

Medium Term Growth Fund

Maximum

Long Term Growth Fund

Maximum

Waverley policy dated 17 Jul 2018

20%

10%

Wollongong Policy dated 19 Oct 2015

20%

10%

Liverpool policy dated 25 Oct 2017

15%

10%

Lake Macquarie dated 27 Nov 2017

10%

5%

Penrith – proposed reduction from 20%

10% combined

 

Note some Councils’ Investment Policies, such as Blacktown’s and Camden’s have 0% for the Growth fund investments.

 

As outlined in the OLG Investment Policy Guidelines, Council officers should ensure that before new investments are made, they establish whether a product complies with the Investment Policy and, where necessary, obtain independent financial advice in writing on the nature and risk of the financial product. This has been added into the revised Investment Policy as well as wording that the investment must be approved by the Responsible Accounting Officer (Director of Corporate Services) before investing in new products such as Growth funds.

 

TCorp have advised this week that they have refreshed their Local Government sector strategy and realigned their focus on lending to councils for key infrastructure projects at competitive rates. TCorp will continue to provide access to TCorpIM Funds, but will no longer provide an investment advisory service at this stage. TCorp recommends that all councils seek independent advice when allocating investments in line with councils’ investment policy goals.

 

Use of Third Party Suppliers and Dealers

 

A new section has been added to include restrictions around the use of brokers and dealers, to ensure the use of reputable and licenced dealers. 

 

 

RECOMMENDATION

That:

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

2.    Council adopt the proposed changes to the Investment Policy tabled in this report.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Policy

7 Pages

Attachments Included

2.

Investment Policy Attachments

13 Pages

Attachments Included

3.

Investment Strategy Attachment

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

8

Borrowing Policy   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

Council’s Financial Services team have been undertaking a review of a number of Council’s Financial Management Policies, Guidelines and Strategies over recent months including those in relation to Loan Borrowing.

 

Council Officers adhere to Council’s internal Borrowing Strategy which outlines the process for the consideration of borrowings. The draft policy builds on the internal Borrowing Strategy and incorporates current legislative requirements for internal and external loan borrowings. The Borrowing Policy will be adhered to, with reference also to the Borrowing Strategy.

 

The draft policy was reported to a Councillor Briefing on the 23 May 2019 and is being reported tonight to the Ordinary Meeting for the Council’s consideration and adoption.

Background

Council’s borrowings are monitored by the Office of Local Government (OLG). Council advises the OLG of its Borrowing Program on an annual basis and Council’s proposed Borrowing Program for each year is included in the Operational Plan.

 

In past years loans have been sourced from various financial institutions and secured by a charge on Council’s income. In 2016 Council qualified for access to the NSW Treasury Corporation Loan Facility by being assessed as “Fit for the Future”. Since June 2016 new borrowings have been financed through the NSW Treasury Corporation Loan Facility, including 2018-19 new borrowings. Loan contracts have been completed for Council’s 2018-19 Borrowings and are also being separately reported at this Ordinary Meeting.

Current Situation

Currently the Borrowing Strategy allows loan borrowings on identified capital projects that are considered by Council to be of the highest priority, and which are unable to be funded from revenue. The 2018-19 Borrowing Program reported to Council 25 February 2019, included $5.5m worth of new loans with debt servicing to be funded by the 2016-17 Special Rate Variation (SRV). Debt servicing for the multi-level carpark $30m loan is also to be funded from the 2016-17 SRV, with current anticipated draw-down from 2020-21. There are no further new loan borrowings currently in the Long Term Financial Plan.

 

The Borrowing Strategy also states - “Any proposed new borrowing must be supported by a comprehensive business case including known capital funding requirements, future operational costs of maintenance, renewal, loan repayments of any infrastructure, and should only fund the specific project or purpose approved”. This provision is recommended to remain for prudent financial management. As such a business case will need to accompany all projects considering borrowings prior to the loan income and repayments being entered into the Long Term Financial Plan or Original Budget.

 

The draft Borrowing Policy adheres to Council’s Borrowing Strategy and legislative requirements for internal and external loan borrowings. The draft Borrowing Policy is proposed for adoption with a review period of every two years.

 

 

RECOMMENDATION

That:

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

2.    Council adopt the Borrowing Policy.

 

 

ATTACHMENTS/APPENDICES

1.

Borrowing Policy

3 Pages

Attachments Included

2.

Borrowing Policy Attachments

5 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

9

Borrowing Program 2018-19   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

The Council at its Ordinary Meeting held 25 February 2019 gave approval to finalise the 2018-19 Borrowing Program for $7,782,752.08. The program comprised of $5,500,000 new loan monies and $2,282,752.08 for renewal of existing loans.

 

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

 

This report provides a summary of the evaluation process and quotations received. The report informs Council that NSW Treasury Corporation (TCorp) was the successful lender for the $5,500,000 new money and Australia and New Zealand Banking Group (ANZ) for the $2,282,752.08 renewal loans.

Background

The 2018-19 Borrowing Program was made up of $2,800,000 to fund the City Centre Renewal and Improvement Program and for Infrastructure and $2,700,000 to fund the s7.11 Cultural Facilities deficit amount. As well as $2,282,752.08 to refinance existing loans from the 2013/14 Borrowing Program including Asset Renewal Established Area Strategy borrowings for the remaining 5 years of the original term.

 

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

Lenders Response and Selection

Responses were received from ANZ, CBA, NAB, WBC & TCorp. TCorp quoted only for the new borrowings and the remaining banks provided quoted for the renewal loans. Details of unsuccessful bids have not been disclosed in this report.

 

TCorp 10 year fixed rate of 2.31%, repayable semi-annually was selected for the $5,500,000 new loan. This loan was drawn down on the 20 June 2019.

 

The ANZ bank provided the lowest fixed rate at 2.22% payable semi-annually for the full 5 year term of the $2,282,752.08 renewal loan and was therefore selected for the Council’s 2018-19 renewal loan requirement. This loan was already held with ANZ. 

 

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

Conclusion

The 2018-19 Borrowing Program has now been completed in line with the Council resolution of the 25 February 2019 Ordinary Meeting. New loan funds were drawn down on 20 June 2019. 

 

NSW Treasury Corporation (TCorp) was the successful lender for the $5,500,000 new loan borrowing and the Australia and New Zealand Banking Group was selected for the renewal loan.

 

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Borrowing Program 2018-19 be received.

2.    Council be advised that NSW TCorp was the successful lender for the $5,500,000 new monies and ANZ was the successful lender for the renewal loans that comprised the 2018-19 Borrowing Program.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

10

Proposed Amendments to 2019-20 Fees and Charges   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

The purpose of this report is to advise Council of the outcome of public exhibition of the proposed changes to the 2019-20 Draft Fees and Charges reported to Council on the 27 May 2019. The changes include new fees developed by Environmental Health that were omitted in error from the draft Fees & Charges presented to the Ordinary Council meeting on the 29 April 2019. The proposed amendments include a fee for services required under legislation and two fees that will strengthen procedural fairness for Tree and Vegetation Management determinations by providing applicants with an option to have determinations reviewed.

 

There have also been two Annual Fire Safety fees that were discontinued in the 2019-20 Draft Fees & Charges, which have since been proposed to be reinstated as a single fee.

 

These fees required 28 days public exhibition, which commenced on Wednesday 29 May 2019 and closed on Wednesday 26 June 2019. One written submission was received in relation to the Request to Review Determination Fee (Tree Removal Applications).

There has also been a recent review of the adopted Waste Fees & Charges and it is proposed to remove three fees relating to emergency pump-outs and commercial effluent as these are additional discretionary fees payable directly to the contractor, rather than a service Council provides or charges for.

In addition, the Section 88G certificate statutory fee has a proposed conditional wording to be added.

A summary of these changes (Attachment 1) as well as an updated Fees and Charges document (Attachment 2) are attached.

Background

The following details the proposed new fees in the Draft 2019-20 Fees & Charges.

 

Environmental Health

 

Public Health Surveillance Program – Places of shared accommodation

 

·    Boarding House Initial Compliance Inspection $350

Pricing Structure – Direct Cost Recovery

Fee Condition – Section 16 Boarding House Act, 2012 – Requirement to inspect certain registered boarding houses within 12 months of registration.

 

Comment - Over recent years, Council has seen the number of Boarding House applications increase dramatically. There is a statutory requirement under Section 16 of the Boarding Houses Act, 2012 for Council to arrange for an initial compliance investigation to be conducted for each registered Boarding House located in its area. This proposed fee is needed as a number of these applications have been approved and construction has either started, near completion or completed and there will be an onus on Council to conduct inspections. This proposed fee will also be applied to existing Boarding Houses that re-register or change proprietor where the previous inspection was completed more than 12 months prior. It is unknown at this stage how many notifications Council will receive and will depend on the number of development applications approved and the number of Boarding Houses that change proprietor. The proposed fee is to recover the cost of providing this inspection service.

 

Tree and Vegetation Management

 

·    Request to Review Determination Fee (Tree Removal Applications) $175

Pricing Structure – Subsidised

 

Comment - Currently the only determination review option under the Vegetation SEPP is for applicants to appeal against a refusal to the Land and Environment Court. This appeal process is likely to be both lengthy and expensive for all parties. To provide applicants with an alternative review option and to strengthen procedural fairness, applicants will be offered a determination review option through Council. This is not dissimilar to the review process available to applicants for development applications. This proposed fee of $175 (professional hourly fee) is to recover (in part) the time taken to consider and respond to an applicant’s request to review the determination of a tree removal/pruning application. The time taken for a determination review is estimated to be double what could be covered by the proposed fee of $175. However, we would prefer to allow applicants an opportunity to first seek a review through Council. This is also consistent with customer expectations that they should be able to seek a review through Council. The proposed fee is also needed to ensure requests to review determinations are legitimate and not just because an applicant is simply dissatisfied with the original determination.

 

·    Request to Review Determination Fee (Vegetation Clearing Applications) $350

Pricing Structure – Subsidised

 

Comment - Currently the only determination review option under the Vegetation SEPP is for applicants to appeal against a refusal to the Land and Environment Court. This appeal process is likely to be both lengthy and expensive for all parties. To provide applicants with an alternative review option and to strengthen procedural fairness, applicants will be offered a determination review process through Council. This is not dissimilar to the review process available to applicants for development applications. This proposed fee of $350 (professional hourly fee x2) is to recover (in part) the time taken to consider and respond to an applicant’s requests to review the determination of a vegetation clearing application. The time taken for a determination review is estimated to be double what could be covered by the proposed fee of $350. However, we would prefer to allow applicants an opportunity to first seek a review through Council. This is also consistent with customer expectations that they should be able to seek a review through Council. This proposed fee is set higher than the proposed tree removal/pruning determination review (see above) as applications involve more complex assessment and documentation such as biodiversity assessments and flora and fauna reports. Applications also involve vegetation clearing as opposed to removal of individual trees. The proposed fee is also needed to ensure requests to review determinations are legitimate and not just because an applicant is simply dissatisfied with the original determination.

 

Development Applications

Miscellaneous – Professional & Administration Fees

 

·    Council staff – Fire Safety Consultancy Services

Pricing Structure – Full Cost Recovery

Fee Condition – Fee by quote + GST

 

Comment- Two fees were mistakenly removed from the fees and charges list for 2019-20 and not replaced: Fire Safety Inspection Service (for existing and new buildings) Initial Inspection $369 first hour then $150 per hour or part thereof and Fire Safety Inspection Service (for existing and new buildings) Follow-up Inspection $184 per hour.

 

These fees are charged to building owners to undertake inspections of their buildings and prepare compliance reports with respect to fire safety. This is a consultancy type service that is also provided by privately accredited building consultants, meaning that it is therefore a contestable service.

 

The fee has previously been listed in Council’s fees and charges as an hourly rate for a significant number of years and has been renamed for 2019-20 to better reflect the service provided. We have also requested that the fee be charged by quote only. This will allow Council to be more flexible and with what we charge as the complexities of the work involved can vary widely across different building sizes and types.

 

The fees charged for this service will be increased by the rate of inflation each year. Consequently, there will be no impact on the budget. It is hoped however that our ability to be more flexible with the fees we charge will enable us to remain competitive with the private sector and possibly increase our market share for this service.

 

Outcome of Exhibition Period

 

A submission relating to the Request to Review Determination Fee (Tree Removal Applications) was received and included as part of the report to Council on Monday 24 June on the Operational Plan and Fees and Charges exhibition and considered by Council. The submission feedback and Council’s comment are reported again as follows:

 

Submission Four

A submission to the proposed Fees and Charges 2019-20 requested Council to introduce a new declaration application fee to allow property owners across the LGA to remove trees planted by the property owner. 

 

Comment:

The proposed fee does not appear to be feasible, if Council policy was to change as suggested the consideration of whether a tree was planted by the property owner would be more a merit based consideration as to its possible removal. As such this consideration is already factored into the application assessment and inspection fees. In addition, if a planted tree was factored as an exemption under the policy then the proposed fee would be based on no-service being provided and would not be a valid fee proposal.

 

 

Other Amendments Proposed

 

There has also been a recent review of the adopted 2019/20 Waste Fees & Charges and it is proposed to remove three fees relating to emergency pump-outs and commercial effluent as these are additional discretionary fees payable directly to the contractor, rather than a service Council provides or should charge for. Refer to Attachment 1 for a list of these fees proposed to be removed.     

The Section 88G certificate statutory fee has a proposed conditional wording added: ”If inspection undertaken, additional fee (to a maximum of $35.00) may be required”. Change in wording required to accurately reflect Part 4 Clause 29 of the Conveyancing (General) Regulation 2018.

 

Financial Services Manager Comment

Following the 28 day exhibition period required under the Local Government Act 1993 Section 610F, it is proposed to adopt the amended Fees and Charges as above. The removal of the waste contractor fees and the conditional wording for a statutory fee does not require an exhibition period for the proposed changes.

 

 

RECOMMENDATION

That:

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

2.    Council adopt the amended Fees and Charges document.

 

 

ATTACHMENTS/APPENDICES

1.

Fees and Charges amendments

1 Page

Attachments Included

2.

Fees & Charges 2019/20

85 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    22 July 2019

 

 

 

11

Audit, Risk and Improvement Committee   

 

Compiled by:               Stuart Benzie, Internal Audit and Policy Officer

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

This report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 12 June 2019. The draft Minutes of the Audit, Risk and Improvement Committee meeting 12 June 2019 are attached to this report.

Background

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

 

a)   compliance

b)   risk management

c)   fraud control

d)   financial management

e)   governance

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

g)   service reviews

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

i)    any other matters prescribed by the regulations.

 

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

 

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

Current Situation

The ARIC met on 12 June 2019. This was the second meeting of the ARIC for the calendar year. The draft Minutes of the prior meeting, as provided to Council on 29 April 2019, were adopted without alteration.

 

A copy of the draft Minutes for the meeting of 12 June 2019 are attached to this report.

 

In keeping with the ARIC’s practice, the ARIC identified the following five key take-outs from the meeting:

 

1.   Considered a report on Council’s work health and safety processes and performance, and noted the staff awareness, consultation, information channels, incident management, training, and reporting arrangements. Received an update on action taken to address and closeout 7 of the 8 recommendations arising from an internal audit of the area reported in June 2018; the one outstanding recommendation is rated as a moderate risk and is on track for implementation by August 2019. The ARIC reflected upon Council’s commitment to promoting a safe and healthy work environment. 

2.   Considered a more detailed analysis of Council’s insurance operational processes following a briefing by the Executive Officer of CivicRisk Mutual at the previous ARIC meeting. A broad range of governance, operational, oversight and coverage controls are in place within Council.

3.   Confirmed that Council’s finance team has been well-briefed on changes to accounting standards that will become effective for this year and next. Preparations are well-advanced for preparation and delivery of the financial statements to the Audit Office of NSW by the scheduled date; planning for the external audit has been agreed.

4.   Considered minor revisions to the ARIC Charter as part of a scheduled periodic review, and considered updated finance policies for the higher-risk areas of investments and borrowing. These documents will make their way to a future Policy Review Committee meeting.

5.   Discussed a paper on the Corporate Entities produced by Morrison Low, together with supplementary information sought by the ARIC. The ARIC recognised the importance of strengthening the governance and associated operating models for the corporate entities, noting the strategic, legal, compliance, sustainability, reputational, competitive neutrality and financial risks. The ARIC also noted the approved direct subsidies (including a loan forgiveness) of $18.6 million over the last five years and indirect subsidies of $7.8 million over the same period. The ARIC asked the General Manager to consider the best options for strengthening the risk mitigation and governance arrangements on a collaborative basis with a view to developing an action plan, with progress to be reported back to the ARIC in twelve months.

Next Meeting

The next ARIC meeting is scheduled for 4 September 2019.

 

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

1.

Draft ARIC Meeting Minutes of 12 June 2019

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  22 July 2019

Appendix 1 - Draft ARIC Meeting Minutes of 12 June 2019

 

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Ordinary Meeting                                                                                                    22 July 2019

 

 

 

12

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

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for June 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 June 2019 to 30 June 2019 and a reconciliation of invested funds as at 30 June 2019.

 

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

 

·    Council portfolio current yield (including FRNs)       2.41%

·    90 day Bank Bill Swap rate (Benchmark)                 1.29%

 

 

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

 

Background

Attached to this report is a Summary of Investments including Economic Commentary for June 2019, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for June 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 30 June 2019.

 

                                             

Andrew Moore

Responsible Accounting Officer

 

RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Investments June 2019

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  22 July 2019

Appendix 1 - Summary of Investments June 2019

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday July 22 2019

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Council Property - Lease Agreement - Suite G02/114-116 Henry Street, Penrith (Community Connections Building)                                                        2

 

3        Council Property - Lease Agreement - Suite 1, Ground Floor and Level 1, 225-227 Queen Street, St Marys                                                                                                                  2

 

4        Acquisition of Easement - 2-16 Leland Street, Penrith (Lot 6 DP1040572)                      2

 

5        Property Matter                                                                                                                   3

 

 

 

 

 

 


Ordinary Meeting                                                                                                    22 July 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 7

 

2        Council Property - Lease Agreement - Suite G02/114-116 Henry Street, Penrith (Community Connections Building) 

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        Council Property - Lease Agreement - Suite 1, Ground Floor and Level 1, 225-227 Queen Street, St Marys   

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 5

 

4        Acquisition of Easement - 2-16 Leland Street, Penrith (Lot 6 DP1040572)

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

 

5        Property Matter

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

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 July 2019

Report Title:            Investment Policy

Attachments:           Investment Policy

                                Investment Policy Attachments

                                Investment Strategy Attachment



Ordinary Meeting                                                                                                                  22 July 2019

Attachment 1 - Investment Policy

 

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Ordinary Meeting                                                                                                                  22 July 2019

Attachment 2 - Investment Policy Attachments

 

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Ordinary Meeting                                                                                                                  22 July 2019

Attachment 3 - Investment Strategy Attachment

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 July 2019

Report Title:            Borrowing Policy

Attachments:           Borrowing Policy

                                Borrowing Policy Attachments



Ordinary Meeting                                                                                                                  22 July 2019

Attachment 1 - Borrowing Policy

 

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Ordinary Meeting                                                                                                                  22 July 2019

Attachment 2 - Borrowing Policy Attachments

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 22 July 2019

Report Title:            Proposed Amendments to 2019-20 Fees and Charges

Attachments:           Fees and Charges amendments

                                Fees & Charges 2019/20



Ordinary Meeting                                                                                                                  22 July 2019

Attachment 1 - Fees and Charges amendments

 

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Ordinary Meeting                                                                                                                  22 July 2019

Attachment 2 - Fees & Charges 2019/20

 

 

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ATTACHMENT       

 

 

 


Date of Meeting:     22 July 2019

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2019-2020 Voted Works