Council_Mark_POS_RGB

20 November 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 25 November 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 - 28 October 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 - 9 October 2019.

Resilience Committee Meeting - 6 November 2019.

Policy Review Committee Meeting - 11 November 2019.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 November 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 28 OCTOBER 2019 AT 7:04PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

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

PRESENT

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


LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Marcus Cornish for the period 14 October 2019 to 11 November 2019 inclusive. 

APOLOGIES

216  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Karen McKeown OAM that the apology received from Councillor Tricia Hitchen be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 September 2019

217  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 23 September 2019 be confirmed, with an amendment to Recommendation 2 of the resolution at COW Item 5 – Council Property - Licence Agreement - Suite 102/114-116 Henry Street Penrith (Community Connections) to AFFORD, to now read:

 

“2.   Council grant a new licence to AFFORD on the terms and conditions in this report.”

 

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 - RFT1920-12 Supply and Installation of Automatic Irrigation System as

he works in the Office of the Minister for Sport whose portfolio is responsible for the allocation of funding to the Rance Oval irrigation project. 

         


 

 

Mayoral Minutes

 

1        Acknowledgement of visiting delegation from Gangseo-gu  Republic of Korea     

RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Acknowledgement of visiting delegation from Gangseo-gu  Republic Of Korea be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Resilience Committee Meeting held on 11 September 2019                                                                                                     

218  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kath Presdee that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 11 September, 2019 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 14 October 2019                                                                                                            

219  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 14 October, 2019 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 21 October 2019                                                                                                       

220  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2019 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Western Parkland Councils' Governance Arrangements                      

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

That:

1.     The information contained in the report on Western Parkland Councils' Governance Arrangements be received.

2.     Council formally enter into an alliance with the Western Parkland Councils in accordance with the draft Deed of Agreement and Section 355 of the Local Government Act 1993.

3.     Council contribute $20,000 for the 2019/20 financial year and then $40,000 annually towards resourcing the Western Parkland Councils as outlined in the report.

4.     Council nominate the Deputy Mayor, Councillor Karen McKeown OAM to be appointed as an alternate representative on the Western Parkland Councils’ Mayoral Forum should the Mayor be unavailable.

 

Procedural Motion

222  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa that the following items be deferred to Committee of the Whole at the conclusion of all other business before being considered in open Council:

          Item 2         RFT1920-04 Werrington, Hunter Field & Roper Road Sport Amenities                     Refurbishment

Item 3         RFT1920-11 Recreation and Leisure Centre Building Upgrade

Item 6         RFT1920-12 Supply and Installation of Automatic Irrigation System    

Item 7         RFT1920-10 Cook and Banks Sports Field Lighting

 

 

 Outcome 5 - We care about our environment

 

4        Penrith CBD Catchment Floodplain Risk Management Study and Plan    

223  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Penrith CBD Catchment Floodplain Risk Management Study and Plan be received.

2.    The draft report for public exhibition of the Penrith CBD Catchment Floodplain Risk Management Study and Plan, October 2019 be endorsed for public exhibition for a period of no less than 28 days.

3.    A further report be presented to Council on the results of the public exhibition of the draft report for public exhibition of the Penrith CBD Catchment Floodplain Risk Management Study and Plan, October 2019 addressing any submissions received during the exhibition period.

 

5        Hawkesbury - Nepean Valley Regional Flood Study                              

224  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Hawkesbury - Nepean Valley Regional Flood Study be received.

2.    Council note that, as a result of the release of the INSW Regional Flood Study, there is no change in managing those floodplains covered under the Penrith’s Nepean River Flood Study, 2018.

3.    Council note that the estimated Probable Maximum Flood levels from the INSW Regional Flood Study are approximately 2 metres higher than the Probable Maximum Flood level estimated by the Penrith’s Nepean River Flood Study, 2018.

 

4.    Council investigate and reassess the Probable Maximum Flood levels for those areas covered under its Nepean River Flood Study,2018 using the updated hydrology information obtained from the NSW Government. This assessment will be undertaken as part of the Nepean River Floodplain Risk Management Study and Plan currently in progress.

5.    Council note that the flood levels for Emu Plains estimated by the INSW Regional Flood Study is higher than the flood levels estimated by Penrith’s Nepean River Flood Study, 2018.  No action is required as the modelling of the INSW Regional Flood Study does not provide adequate explanation, and this may be due to mapping methods rather due to actual flood modelling result.

6.    Council note that under the INSW Regional Flood Study there is a flood breakout near Devlin Road, Castlereagh. No action is required as the Probable Maximum Flood will be reassessed under the current Floodplain Risk Management Study and Plan being undertaken by Council.

7.    Council note that, as a result of the release of the INSW Regional Flood Study, there is no change in the 1 in 100-year (1% AEP) flood levels for Wallacia Village.  Council continues to use the 1995 Upper Nepean River Flood Study until such time a detailed Flood Study is completed for the areas of Wallacia Village.

8.    Council note that the estimated Probable Maximum Flood levels for the areas of Wallacia Village from the INSW Regional Flood Study are approximately 9.4 metres higher than the levels currently being sourced from the 1995 Upper Nepean River Flood Study.  As the result, the area of Wallacia Village will now be classified as “Low Flood Island” in terms emergency response planning classification.

9.    Council update the section 10.7 (formally s149) flood planning notation to those properties in the area of Wallacia Village impacted by the INSW Regional Flood Study Probable Maximum Flood to reflect the changes in emergency response planning classification from “High Flood Island” to “Low Flood Island”.

10.  Council note that there is no change of the 1 in 100-year (1% AEP) flood levels for Rickabys Creek by the INSW Hawkesbury – Nepean River backwater flooding.

11.  Council note that there is a minor increase of 300 mm of the Probable Maximum Flood level for Rickabys Creek from the INSW Hawkesbury – Nepean River backwater flooding.

12.  Council note that there are no changes observed to the 1 in 100-year (1% AEP) flood levels for South Creek by the INSW Hawkesbury – Nepean River backwater flooding.

13.  Council note that there is a minor increase of 300 mm of the Probable Maximum Flood level for South Creek by the INSW Hawkesbury – Nepean River backwater flooding.  No action is required at this stage however should a review of South Creek Flood Study be undertaken in the future Council is to consider the higher backwater river flooding of the Probable Maximum Flood by the Hawkesbury – Nepean River.

 

 

                   14.  Infrastructure NSW be requested to undertake  contemporary flood               modelling of the Upper Nepean Catchment and specifically  the Probable        Maximum Flood levels for the Wallacia Village  Area and that Council be        consulted on the brief for the study.

 

 

Outcome 7 - We have confidence in our Council

 

8        RFT1920-05 Development Management for Soper Place Carpark and Commercial Project                                                                                    

225  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on RFT1920-05 Development Management for Soper Place Carpark and Commercial Project be received.

2.     The proposal and total fee from Savills Project Management Pty Ltd, including strategic leasing input, for the amount of $725,000 (excluding GST) be accepted.

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

 

9        Pecuniary Interest Returns                                                                        

226  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa that the information contained in the report on Pecuniary Interest Returns be received.

 

10      Licence Agreement for an Air Quality Monitoring Station at Part Lot 101 Laycock Street, Cranebrook                                                                            

227  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Licence Agreement for an Air Quality Monitoring Station at Part Lot 101 Laycock Street, Cranebrook  be received.

2.     Subject to no objections being received, Council grant a licence to Department of Planning, Industry and Environment on the terms and conditions detailed in this report.

3.     Council resolve to affix the Common Seal of the Council of the City of Penrith to any necessary documentation.

 


 

 

11      2018-19 Financial Statements                                                                   

228  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on 2018-19 Financial Statements be received.

2.     Council note the completion of the public exhibition process for Council’s 2018-19 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2019 to the Office of Local Government.

 

12      Changes to the 2019-20 Operational Plan                                               

229  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Changes to the 2019-20 Operational Plan be received.

2.     The 2019-20 Operational Plan be updated to ensure responsibilities and budget allocations reflect the current organisational structure and emerging priorities.

3.     The revised version of the plan be placed on Council’s website.

 

13      Audit, Risk and Improvement Committee                                                

230  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

14      Summary of Investment & Banking for the Period 1 September 2019 to 30 September 2019                                                                                 

231  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

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

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

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

 


 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Honoured Citizens of Penrith     

Councillor John Thain requested that a report be presented to Council confirming the  nomination of John Bateman OAM and Leigh Hartog to be acknowledged as Honoured Citizens of Penrith.

 

UB 1           Terry Ryan Memorial Golf Day   

Councillor Bernard Bratusa requested that an amount of $150 be allocated from each Ward’s voted works (totalling $450) towards the Terry Ryan Memorial Golf Day to be held at Colonial Golf Course on 24 November 2019.

 

232  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM 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.

 

233  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM an amount of $150 be allocated from each Ward’s voted works (totalling $450) towards the Terry Ryan Memorial Golf Day to be held at Colonial Golf Course on 24 November 2019.

 

RR 2           Development of a Financial Dashboard       

Councillor Brian Cartwright requested a briefing on the development of a financial dashboard similar to that presented at the recent LGNSW Conference. 

 

RR 3           Green Bridge, Nepean River       

Councillor Mark Davies requested that the Local Traffic Committee investigate the provision of signage on the Green Bridge to encourage cyclists to reduce speed when crossing the bridge.

 

RR 4           Information regarding filling of land and changing flow of water on       land 

Councillor Kevin Crameri OAM requested a memo reply advising whether the Penrith LEP and DCPs contain information regarding the filling of land without consent and changing the natural flow of water for intensified farming on five acre blocks.

 

RR 5           Minimum Lot Size and Road Widths   

Councillor Kevin Crameri OAM requested an update on his previous request regarding the minimum lot sizes and road widths set out in the LEP and DCPs for the Penrith Local Government Area.

 

UB 2           Request for Leave of Absence   

Councillor Kevin Crameri OAM requested Leave of Absence for 11 November 2019.

 

234  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

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

235  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Greg Davies that Leave of Absence be granted to Councillor Kevin Crameri OAM for 11 November 2019.

 

RR 6           Request for Transportation of Carving Material   

Councillor Kevin Crameri OAM requested that transportation be arranged for a log which is to be carved by artist Adrian Shafer for the community centre at St Marys.

 

RR 7           Pink Up Penrith Initiative   

Councillor Karen McKeown OAM requested that the St Marys and Penrith CBD Corporations, as well as Council staff, be congratulated on the Pink Up Penrith initiative for 2019, and that starting next year Council maintain a list of events for this initiative and publish a calendar of the events on Council’s website.

 

RR 8           Prosecution of Bill Posters

Councillor Greg Davies requested that Council write to the LGNSW requesting information on what actions have been taken and representations have been made to the State Government including any replies regarding the association’s position on bill posters on poles in light of this motion being considered a category 2 motion and not discussed at this year’s Local Government Conference.

 

 

Committee of the Whole

 

236 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:57pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Lease of Shop 2/134-138 Henry Street, Penrith (Gaymark Lane)                                

 

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 Land - Acquisition of Easements for Underground Cables (M4 Smart Motorway Project)                                                                                                             

 

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

 

4        Commercial Matter – Tendering Process

 

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

 

The meeting resumed at 8:25pm and the General Manager reported that the Committee of the Whole met at 7:57pm on 28 October 2019, the following being present

 

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

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

 

CONFIDENTIAL BUSINESS

 

2        Lease of Shop 2/134-138 Henry Street, Penrith (Gaymark Lane)                                

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

CW2 That:

1.     The information contained in the report on Lease of Shop 2/134-138 Henry Street, Penrith (Gaymark Lane) be received.

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

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

 

3        Council Land - Acquisition of Easements for Underground Cables (M4 Smart Motorway Project)                                                                                                             

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

CW3 That:

1.     The information contained in the report on Council Land - Acquisition of Easements for Underground Cables (M4 Smart Motorway Project) be received.

2.     Council agree to grant easements over Lot 6 DP 1090232 and Lot 1043 DP252535 in accordance with the terms and conditions in this report.

 

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

 

4        Commercial Matter - Tendering Process     

 

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright

CW4  That the information provided regarding the Tendering Process be received.

 

 

 

ADOPTION OF Committee of the Whole

 

237  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

Outcome 4 - We have safe, vibrant places

 

2        RFT1920-04 Werrington, Hunter Field & Roper Road Sport Amenities Refurbishment                                                                         

238  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on RFT1920-04 Werrington, Hunter Field & Roper Road Sport Amenities Refurbishment be received

2.     Council accept the ‘Move It Aus’ – Community Sport Infrastructure Program grants awarded for the Werrington & Roper Road projects. Write to & thank the federal Minister for Youth and Sport and Senator Marise Payne for her advocacy.

3.     The proposal and lump sum price from Alpall Pty Ltd, for the amount of $1,223,697 (excluding GST) be accepted for Construction and Refurbishment of Sporting Amenities.

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

 

3        RFT1920-11 Recreation and Leisure Centre Building Upgrade           

239  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on RFT1920-11 Recreation and Leisure Centre Building Upgrade be received

2.     The proposal and Lump sum price from Westbury Constructions Pty Ltd of $1,921,256.00 excluding GST be accepted for the Construction of St Clair Recreation and Leisure Centre, St Clair.

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

 

 

Outcome 6 - We are healthy and share strong community spirit

 

6        RFT1920-12 Supply and Installation of Automatic Irrigation System 

240  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT1920-12 Supply and Installation of Automatic Irrigation System be received

2.     The proposal and lump sum price from Romba Pty Ltd of $249,547 excluding GST be accepted for supply and installation of automatic irrigation system at Ridge Park North and Rance Oval

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

 

7        RFT1920-10 Cook and Banks Sports Field Lighting                             

241  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robin Cook

That:

1.     The information contained in the report on RFT1920-10 Cook and Banks Sports Field Lighting be received

2.     The proposal and lump sum price from Kealec Pty Ltd T/As Sportz Lighting of $167,220.00 excluding GST be accepted for supply, installation, testing and commissioning of Cook and Banks Sports Field Lighting at Cook and Banks Oval, St Clair.

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

 

RR 9           Review of Procurement Policy   

Councillor Greg Davies requested that an urgent briefing be held to consider a review of Council’s procurement policy including all weightings and methods of assessment.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:30pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

   


Notices of Motion

 

Item                                                                                                                                                Page

 

1        Code of Conduct - referral of complaints to a conduct reviewer                                       1

 

 

 



Ordinary Meeting                                                                                         25 November 2019

Notice of Motion

1          Code of Conduct - referral of complaints to a conduct reviewer            

 

 

Councillor Marcus Cornish TO MOVE:

 

THAT Council write to the Office of Local Government (OLG) requesting an amendment to the Procedures for the Administration of the Model Code of Conduct for Councils in NSW (the Procedures) requiring the appointment of conduct reviewers in relation to complaints about councillors be made by the OLG rather than the council’s complaints coordinator.

 

FURTHER, THAT Council write to the Department of Premier and Cabinet and Local Government NSW advising of Council’s representations to the OLG.

 

 

Background information

 

The Procedures provide that code of conduct complaints about councillors are to be made to the general manager (Cl 4.6). The general manager must refer certain complaints to the OLG e.g. matters pertaining to pecuniary interests, political donations (Cl 5.20), may decide to take no action (Cl 5.22) or resolve the complaint (Cl 5.24). All code of conduct complaints that are not otherwise dealt with under Cll 5.20, 5.22 or 5.24 must be referred to the complaints coordinator (Cl 5.26).

 

The complaints coordinator must refer all code of conduct complaints that have been referred under Cl 5.26 to a conduct reviewer (Cl 6.1).

 

 

 

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 9 October 2019                                                                                                                                              1

 

2        Report and Recommendations of the Resilience Committee Meeting held on 6 November 2019                                                                                                                                    6

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2019                                                                                                                  9

 

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 9 October, 2019

 

 

 

 

PRESENT

 

Anthony Mulholland, Allan Windley, Farah Madon, Matt Roger, Dianne Brookes (5.25pm), Carole Grayson (5.45pm).

 

IN ATTENDANCE

 

Erich Weller – Community and Cultural Development Manager (Chair), Claire Galvin – Disability Inclusion Officer, Graham Howe – Building Assets Coordinator, Craig Squires – Building Certification and Fire Safety Coordinator, Lucy Goldstein – Development Assessment Planner, Kathryn Sprang – Development Assessment Planner.

 

APOLOGIES

Apologies were accepted from Councillor Robin Cook, Councillor Tricia Hitchen and Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 August 2019

The minutes of the Access Committee Meeting of 14 August 2019 were confirmed.

 

BUSINESS ARISING FROM PREVIOUS MINUTES

 

GB11                   Doors and Escalators in Westfield Shopping Centre

 

Erich Weller advised that correspondence had been received from Westfield Management in regard to the issues with the doors and escalators failing in the Penrith shopping centre.

 

The correspondence from Penrith Centre Manager advised “All of our plant and equipment in the centre undergo routine inspection and maintenance. From time to time we experience some outages however we engage and work closely with our contract partners, relying on their expertise to assess and implement the required maintenance, and with the least disruption to customers.”

 

Access Committee members had a short discussion regarding this matter and it was concluded that this was a reasonable response from Westfield Management.

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a Pecuniary Interest in Item 1 – Development Applications Referred to the Access Committee – DA19/0553 – Demolition of Demountable Building on Copeland Street and Construction of New Two Storey School Building and Carparking and Landscaping and Removal of Trees (St Dominic’s College) because the Access Report for this application was prepared by her company, Vista Access Architects Pty Ltd. 

 

Farah Madon left the meeting at 5.15pm.

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications Referred to the Access Committee              

DA19/0553      Proposed Demolition of Demountable Building and Construction of New Two Storey School Building and Carparking and Landscaping and Removal of Trees (St Dominic’s College) at 21 Copeland Street Kingswood

 

Lucy Goldstein spoke to the development application for the demolition of a demountable building and construction of a new two-storey school building at St Dominic’s College.  It was advised that the application has been brought to the Access Committee because the building may be used by the public.

 

The application is accompanied by an Access Report and some of the accessibility considerations include two accessible carparking spaces, gradients of proposed footpaths, width of entry gates, a multi-purpose learning space with tiered seating, signage and a passenger lift. The proposal includes an accessible toilet and shower to comply with Australian standards.

 

Issues discussed by the Committee included:

 

·    Seating, which will be moveable

·    Accessible toilet to be located in the new building

·    Number of accessible parking spaces and undercroft carparking.

 

Farah Madon returned to the meeting at 5.22pm.

 

DA19/0621      New Community Facility in the Village Park, Lot 1 Wianamatta Parkway Llandilo, containing BBQ area, a stage, ancillary structures and associated landscaping works

 

Kathryn Sprang introduced the development application for the community activation shelter in the Village Park Llandilo as well as cleaners’ rooms, a community storeroom, ambulant and unisex toilets, kitchenette, barbecue area, stage and associated landscaping works.  The community activation shelter will be dedicated back to Council after it is constructed.  The space will be used for events such as Christmas carols and is located in the Jordan Springs Central Precinct.

 

An Access Report was provided with the development application and this refers to the DA for the community activation shelter as well as the embellishment works to the Village Park.  The Access Committee has previously been briefed on the Village Park development application.  The main concerns are the paths, gradients, toilet facilities and provision of signage.

 

Farah Madon advised that the interiors of the community activation shelter are fine but queried if it was appropriate for a baby change table to be in an accessible toilet.  As changing babies can potentially take 15-20 minutes it would mean a person with a disability would be waiting outside for a long period of time.  It is preferable that accessible sanitary facilities be exclusively for people with a disability and not for baby changing.

 

 

 

Kathryn Sprang advised that she could go back to the applicant as Council wants to see best practice.  The applicant has already been sent an extensive list but they only have to comply with the BCA.

 

Farah Madon highlighted a flight of stairs at an angle could be the cause of trips and falls.  This type of stairs is very difficult for a person with low vision as it is awkward to have one hand on the handrail and one foot on the step and another foot on an angle. It is also difficult to use with assistance animals.

 

Other issues discussed by the Committee included:

 

·    Provision of an adult change table in the amenities

·    The timeframe of when the Access Report is completed prior to lodgement of the development application

·    Tactiles

·    Provision of a hearing loop

·    Directional signage

·    Signage of toilets, braille.

 

Dianne Brookes arrived at the meeting at 5.25pm.

 

Kathryn Sprang advised that these requirements could be conditioned when the development application is approved.

 

DA19/0643       Alterations and Additions to St Joseph’s Primary School, 12 Richmond Road, Kingswood

 

Lucy Goldstein presented the development application for alterations and additions to St Joseph’s Primary School in Kingswood.  The application seeks consent for internal and external changes to block F at the school.  The building will be split into two separate rooms to provide a more adaptable and functional learning space.  The two large rooms would accommodate two class groups in each room. Two new accessible entrances to each room would be constructed.  Removal of one tree, landscaping works and associated stormwater drainage works would also be undertaken.

 

The development application is accompanied by an Access Report and student numbers and carparking arrangements would not be changed.

 

Issues discussed by the Committee included:

 

·    Internal access for a person with a disability

·    Suggestion to convert storage space into a platform lift

·    Difficulty with steps that become narrower and disappear into the wall – 90o is the safest option

·    One of the ramps has a bend – all four wheels need to touch the surface so that the wheelchair doesn’t fall over.

 

Carole Grayson arrived at the meeting at 5.45pm.

 

Erich Weller thanked Lucy Goldstein and Kathryn Sprang for their presentations on the development applications referred to the Access Committee.

  

RECOMMENDED

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

 

Lucy Goldstein and Kathryn Sprang left the meeting at 5.47pm.

 

GENERAL BUSINESS

 

GB 1           Civic Disability Services Catering       

Claire Galvin advised that tonight’s catering was provided by Civic Disability Services, the organisation that operates Council’s coffee cart.  It was decided to have different catering this evening and also to support Civic Disability Services.  At the next meeting the usual Council contract caterers will provide the food.

 

GB 2           NSW Disability Council Presentation  

Claire Galvin advised that earlier this year the General Manager had received an invitation from the NSW Disability Advisory Council to present on Disability Inclusion Action Planning as Penrith is one of the Councils of Excellence in this field.  Claire Galvin will present to the Disability Advisory Council on 18 October 2019 at NSW Parliament House.

 

Claire Galvin will present a report to the next Access Committee meeting in December on the progress of the Penrith Disability Inclusion Action Plan 2017-2021 over the last 12 months and also provide information about the presentation to the NSW Disability Advisory Council.

 

GB 3           Traffic Lights at Station and High Streets    

Anthony Mulholland advised that the timed traffic lights on the corner of Station and High Streets have been reinstalled.  Erich Weller advised that a Council officer made representations to the RMS to have the timed lights reinstalled.

 

GB 4           Nepean Redevelopment Consumer Committee   

Matt Roger advised that he had joined the Nepean Redevelopment Consumer Committee in October.

 

GB 5           Parking at NeuroMoves (Spinal Cord Injuries Australia), 201 High Street Penrith     

Matt Roger enquired about GB5 from the August 2019 Access Committee meeting – Parking at NeuroMoves, 201 High Street Penrith. 

 

Craig Squires advised that he would continue to follow up this matter.

 

GB 6           Carers NSW      

Dianne Brookes advised that she was part of a film by Carers NSW to be screened during Carers Week in October.  The Carers NSW Conference 2019 will be held on 17 October at the Pullman Sydney.  Dianne Brookes is on the panel of carers for the Conference and she has also completed five workshops for the Carers Strategy with another workshop to be held in Fairfield soon.

 

Erich Weller asked if there would be an opportunity for Dianne Brookes to attend the Penrith Community Care Forum (PCCF).  Dianne Brookes advised that she could facilitate a workshop at the PCCF but would require two hours at a minimum.  Claire Galvin will liaise with Dianne Brookes about providing a Carers Strategy workshop at the PCCF.

 

 


 

 

GB 7           Pedestrian Footpaths

Erich Weller referred to GB8 from the August 2019 Access Committee minutes regarding the Terms of Reference of the Traffic Committee. The Operation of Traffic Committee Guidelines document is 30 pages long and very technical so not really applicable to the Access Committee.

 

Erich Weller reminded Committee members that Councillor Hitchen has reiterated that she will refer issues to the Traffic Committee on behalf of the Access Committee.

 

GB 8           Outstanding Advocacy Award   

Anthony Mulholland advised that he will be attending Federal Parliament to receive an award from the Australian Prime Minister for outstanding advocacy work he has undertaken.

 

GB 9           Pedestrian Access in Retirement Villages   

Craig Squires referred to GB2 from the August 2019 Access Committee minutes regarding pedestrian access in retirement villages.

 

Craig Squires has had discussions with the Planning teams who are aware of the potential of conflict between cars and pedestrians in aged care facilities.  For retirement villages approved by Council with a development application a referral would be sent to Council’s Building and Traffic teams who would ensure the development contained clear and safe paths of travel.

 

GB 10         Disability Access Improvement Program Budget

Farah Madon initiated discussion regarding increasing the annual budget of $35,000 for the Disability Access Improvement Program (DAIP). 

 

It was noted that due to Council’s commitment to providing access funds are expended from a number of other programs towards increasing access in Penrith City.  This includes bus stops and significant extra expenditure on footpaths.

 

Erich Weller undertook that, with Claire Galvin, he would provide further information on this request for increased funds for the DAIP program.  This information will be brought back to the Access Committee.

 

RECOMMENDED

That Council consider increasing the annual budget of $35,000 for the Disability Access Improvement Program.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.08pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 October, 2019 be adopted.

 

 

 


Ordinary Meeting                                                                                         25 November 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 6 November, 2019

 

 

 

PRESENT

Councillors Karen McKeown OAM, Robin Cook, Kath Presdee; Michelle Tormey, Andrea Connor, Carina Fernandes, Helen Ryan, Stephen Bygrave, Bradley and Forssman.

IN ATTENDANCE

Andrew Moore – Director Corporate Services, Andrew Hewson – Acting Sustainability and Resilience Coordinator, Krystie Race – Sustainability Research Planner, Nicole Dukinfield – Principal Planner, Danielle Fox – Senior Planner, Melissa McSeveny – Social Planning Coordinator, Paula Tomkins – Executive Planner.

 

APOLOGIES

Councillor John Thain, Duncan Challen, Nevin Sweeney, Warwick Wynn, Jacklin Abdel Messih.

 

 

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 11 September 2019

The minutes of the Resilience Committee Meeting of 11 September 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Overview of Draft Local Strategic Planning Statement

Nicole Dukinfield presented an overview of the Draft Local Strategic Planning Statement. This included the context of the work, the community engagement that is being undertaken around this work, and how key elements of sustainability and resilience have been incorporated in to the work.

RECOMMENDED

That the information contained in the report on Overview of Draft Local Strategic Planning Statement be received.

 

2        Places of Penrith Strategy and Underpinning Visions and Data

Melissa McSeveny and Paula Tomkins presented on Council’s work in developing the Places of Penrith Strategy, and how this is being directed by strategic visioning and how it will be measured using data.

RECOMMENDED

That the information contained in the report on Places of Penrith Strategy and Underpinning Visions and Data be received.

 

Outcome 5 - We care about our environment

 

3        Heat summit update

Andrew Hewson presented an update on the heat summit event. A range of high profile presenters will come to Penrith to explore the challenge of urban heat across Sydney, discussing the need for action, innovative case studies, the business case to support investment in this field, and the leading strategy and research work leading this field. The day time professional event will also be supported by a night time talk for local residents on sustainable architecture and design.

 

RECOMMENDED

That the information contained in the report on Heat summit update be received.

 

 

GENERAL BUSINESS

 

GB 1           Increasing resilience to climate change community grants

 

Stephen Bygrave advised that the Increasing Resilience to Climate Change funding was open and available for submissions. This round of the program is particularly targeted towards community groups and funding of between $10,000 to $30,000 is available. Applications close 31 January.

 

GB 2           Real Festival

 

Krystie Race reported on the Sustainability and Resilience Team’s attendance at the Real Festival. The electric vehicle was highly popular and the team achieved a high level of engagement with attendees throughout the event. Attendance overall at the event seemed higher than in previous years as well. Other environmental activities such as Costa Georgiadis and his talks, and the wildlife shows, also proved to be immensely popular with attendees.

 

GB 3           Sustainability and Resilience Team Thanks

 

Andrew Hewson thanked the Sustainability and Resilience Team – Jennifer Moses and Krystie Race, for their support and hard work during the year. The year saw the team experience a number of changes including a new department, new director, new manager, and a new team coordinator expected shortly. During this time they have continued to deliver high quality work and continue to deliver sustainability outcomes for the organisation.

 

GB 4           Home Solar Night

 

Andrew Hewson gave a brief update on the home solar night. Around 40 people have booked in, and will learn about making their homes more energy efficient, reducing their energy bills, and what to consider when looking at installing solar panels and batteries.

 

GB 5           2020 Resilience Committee dates

 

Andrew Hewson advised that he will confirm Resilience Committee dates for 2020 and email the Committee to let them know.

 

GB 6           Sustainability and Resilience Coordinator update

 

Andrew Moore provided an update on the recruitment for the Sustainability and Resilience Coordinator. The new Coordinator is Belinda Atkins, who has strong strategic experience in her work as Manager Projects and Programs at Sydney Coastal Councils Group as well as Manager Environmental Services at Mosman Council. She is also a long term resident so has a strong understanding of our local context and challenges. Belinda will start full time with the team on the 25th November.

 

GB 7           Engagement and greencover

 

Andrew Moore advised that Council has begun engagement and planning for key city shaping open space projects in the region, including City Park, Regatta Park, and Soper Place.

 

GB 8           Waste management and recycling

 

Kath Presdee advised that Local Government NSW have a wide variety of information on waste management and recycling on their website available to assist councils.

 

GB 9           Healthy built environment

 

Brad Forssman updated on work to develop a healthy built environment assessment tool, which Council’s Community and Cultural Development team have been involved with.

 

GB 10         Fire risk

 

Brad Forssman advised of the high fire risk predicted for the weekend and encouraged at risk residents to make sure they were prepared.

 

GB 11         Committee

 

Michelle Tormey advised that she had moved to Canberra and would no longer be able to participate as a Committee member. The Committee thanked her for her involvement and support over the years and passion for sustainability and improving how it is integrated within Council’s operations.

 

 

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

 

  

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 6 November, 2019 be adopted.

 

 

 


Ordinary Meeting                                                                                         25 November 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 11 November, 2019

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the 11 November 2019.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 21 October 2019

The minutes of the Policy Review Committee Meeting of 21 October 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        St Marys Night Time Economy Audit and Study

Councillor Aaron Duke left the meeting, the time being 7:26pm.

Councillor Aaron Duke returned to the meeting, the time being 7:27pm.                 

RECOMMENDED

That:

1.     The information contained in the report on St Marys Night Time Economy Audit and Study be received

2.     Council endorse the St Marys Night Time Economy Study and Audit.

 

 

2        Draft Special Places Usage Policy (Penrith City Centre and St Marys Town Centre)

Councillor Mark Davies left the meeting, the time being 7:29pm.                            

RECOMMENDED

That:

1.     The information contained in the report on Draft Special Places Usage Policy (Penrith City Centre and St Marys Town Centre) be received

2.     Council endorse the Draft Special Places Usage Policy (Attachment 1).

 

 

Councillor Karen McKeown OAM left the meeting, the time being 7:31pm.

 

Outcome 5 - We care about our environment

 

3        Regional Illegal Dumping Squad (RID) - EPA Project Agreement

Councillor Karen McKeown OAM returned to the meeting, the time being 7:32pm.

Councillor Mark Davies returned to the meeting, the time being 7:33pm.                

RECOMMENDED

That the information contained in the report on Regional Illegal Dumping Squad (RID) - EPA Project Agreement be received.

 

 

Outcome 7 - We have confidence in our Council

 

4        Draft Fraud and Corruption Prevention Policy                                           

RECOMMENDED

That:

1.     The information contained in the report on Draft Fraud and Corruption Prevention Policy  be received

2.     Council adopt the Fraud and Corruption Prevention Policy as attached to the report.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:04pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 November, 2019 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

 

Outcome 1 - We can work close to home

 

1        RFT19/20-15  Child Care Management Software                                                             1

 

 

Outcome 2 - We plan for our future growth

 

2        Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway                                                                                                                    9

 

3        Western Parkland City Overseas Study Tour                                                                  21

 

 

Outcome 3 - We can get around the City

 

4        Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding                                                                                                                              27

 

 

Outcome 4 - We have safe, vibrant places

 

5        Naming of the Indoor Pool at Ripples St Marys                                                               33

 

6        RFT18/19-15 Minor Mechanical Service                                                                         35

 

7        RFT19/20-01 Security Services                                                                                                                                                                                                                                                                                41

 

Outcome 5 - We care about our environment

 

8        RFT19/20-09 Uneven Terrain Mowing and Clearing                                                       49

 

9        RFT19/20-16 Asbestos Removal and Treatment Services                                             54

 

10      Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland                                                                                           62

 

11      60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020                                                                                                                          64

 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      Acceptance of Cricket Practice Facility Grants                                                                68

 

13      The naming of the scoreboard at Howell Oval, Penrith                                                   72

 

14      Shade Facilities and Policy for Playspaces                                                                     75

 

15      Everyone Can Play Grants 2019-20                                                                                88

 

16      2018/19 Metropolitan Greenspace Program                                                                   93

 

17      Draft Penrith Sport and Recreation Strategy - Public Exhibition                                     97

 

 

Outcome 7 - We have confidence in our Council

 

18      RFT 19/20-21 Manufacture and Delivery of Caravans                                                  103

 

19      Conduct of the 2020 Local Government Election                                                          107

 

20      2018-19 Penrith City Council Annual Report                                                                 110

 

21      Adoption of the Engagement Strategy, with the Community Participation Plan           112

 

22      Organisational Financial Review - September 2019                                                     117

 

23      Code of Conduct - Report on Complaints Statistics                                                      121

 

24      2020 Proposed Council Meeting Calendar                                                                    123

 

25      Outcomes of recent legal proceedings                                                                          127

 

26      Summary of Investment & Banking for the Period 1 October

 2019 to 31 October 2019                                                                                              130

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        RFT19/20-15  Child Care Management Software                                                             1

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

1

RFT19/20-15  Child Care Management Software   

 

Compiled by:               Jade Bradbury, Children's Services Operations Manager

Deone White, Children's Services Business Coordinator

Authorised by:            Linda Ross, People and Children Manager  

 

Outcome

We can work close to home

Strategy

Provide access to lifelong learning to maximise opportunities for our community

Service Activity

Deliver high quality children’s services

      

 

Executive Summary

Tender reference RFT19/20-15 for the provision of Child Care Management Software was advertised in the Western Weekender, APET 360 and the e-tendering portal on 26 September 2019 and Sydney Morning Herald on 1 October 2019. The tender closed on 22 October 2019.

This report advises Council of the outcome of the tender process and recommends that the tender from HubHello Pty Ltd for $42,393.75 (ex GST) per year (amount doesn’t include the additional development features) be accepted for a period of six (6) years, with an option to extend for a further two (2) x (2) year periods, subject to satisfactory performance.

Background

The Child Care Management Software is funded from the operations of Penrith City Council Children’s Services that are managed by the Penrith City Children’s Services Cooperative Ltd.  HubHello Pty Ltd includes provisions for fee payment and billing as well as education and curriculum requirements. 

A tender for Child Care Management Software was advertised in September 2019. Tenderers were required to submit their tender either by using the APET 360 online Portal or a hard copy on a standard pro forma, which clearly identified the required response against each of the evaluation criteria.  Tenderers were also required to complete a price schedule setting out the unit rates for the provision of each service feature including optional extras.

 

Tender Evaluation process

The Tender Evaluation Panel consisted of Jade Bradbury (Children’s Services Operations Manager) Deone White (Children’s Services Business Coordinator) Natalie Van Twest (Children’s Services Cluster Director) and Jane Howard (ICT Operations Manager). Laura Stott (Procurement Business Partner) 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:

 

·    Demonstrated Ability

·    ICT Requirements

·    Cost / Price Category

·    Resources and Personnel

·    Quality Assurance

 

 

 

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).  A total of five (5) submissions were received from the following respondents (listed in price order) in response to the advertised tender. The tendered amount doesn’t include all optional features which were also requested in the tender documentation.

 

Company

Tendered

Location of the business

Director

HubHello PTY LTD

$42,393.75

Suite 3309, 91 Liverpool Street Sydney

David Salajan

Kidsoft PTY LTD

$72,552.00

Suite 315E, L3 3 Oracle Boulevard, Broadbeach QLD

Christopher Sacre

WG Solutions PTY LTD

$86,962.00

22 Manor Hill Close Holgate NSW

Darryl Winder

QK Technologies PTY LTD

$92,999.00

Level 1, 20 Metroplex Avenue, Murrarie QLD

Logan McDowell

MyXplor PTY LTD

$122,400.00

Level 3, 520 Bourke Street Melbourne Victoria

Mark Woodland

 

 

Following the evaluation of the five (5) tenders, the Tender Evaluation Panel determined that all five demonstrated compliance with the evaluation criteria.

 

Price Evaluation

Each tenderer was required to provide rates for the provision of Child Care Management Software that included costings against fee payment and billing, education and curriculum and optional features.

 

Shortlisted Tenderers

Following the initial evaluation process, the Tender Evaluation Panel determined that three tenderers were the most advantageous to Council and were shortlisted for further consideration. It was determined that there was no advantage to Council in further considering the other higher priced tenders.

 

The prices below include the tendered amount with the optional features and set-up costs (one off payment) as well as the total cost for the contracted period of 6 years.

 

·    HubHello Pty Ltd

·    Kidsoft Pty Ltd

·    WG Solutions PTY LTD

 

Company

Total Costs including initial set-up costs and development costs for Optional Features

Total Price for term of Contract (6 years)

HubHello PTY LTD

$49,343.75

$261,312.50

Kidsoft PTY LTD

$72, 552.00

$435,312.00

WG Solutions PTY LTD

$123,212.00

$558,022.00

 

 

 

 

The Tender Evaluation Panel interviewed each of the shortlisted tenderers to further evaluate their capability regarding the following criteria:

 

·    Curriculum features for educators and families

·    Characteristics of the Parent Portal

·    Enrolment capabilities for a range of service types

·    The use of communication mediums for families

·    Service delivery capabilities such as development opportunities and regression testing

·    Methods of payment/direct debit features

·    Account management support and general administration

 

HubHello Pty Ltd

HubHello Pty Ltd is located at Suite 3309, 91 Liverpool Street Sydney. HubHello Pty Ltd is a registered not for profit charity that has been providing fee payment and billing solutions to the childcare industry for the last 12 years. HubHello Pty Ltd is Australian owned and operated and provides a cloud-based management system that is backed up in data centres located in the Sydney region. HubHello Pty Ltd utilises Australian Government ASD certified web services to host their application and database. HubHello Pty Ltd can meet the specific requirements of the tender and provide the most competitive rates for direct debit payments through MasterCard and Visa accounts.

 

Kidsoft Pty Ltd

Kidsoft Pty Ltd is located at Suite 315E, L3 3 Oracle Boulevard, Broadbeach QLD and has over 28 years’ experience in the childcare industry. The organisation consists of a range of childcare experts that provide a fee payment and billing option. Kidsoft Pty Ltd doesn’t provide an educational or curriculum component and relies on a third-party provider called Storypark to meet this requirement. Storypark is a New Zealand based company with customer support offices located in New Zealand. Kidsoft Pty Ltd is an Australian owned and operated provider that has the capability to meet the specific requirements outlined in the tender process. Kidsoft PTY LTD did not provide costings for 5 service features of the tender.

 

WG Solutions PTY LTD

WG Solutions PTY LTD is located at 22 Manor Hill Close Holgate NSW and has been operating for 30 years. WG Solutions PTY LTD is an Australian owned and operated business that provides an integrated web-based system for fee payment and billing and education and curriculum software. WG Solutions PTY LTD utilises Amazon Web Services to host their application and database. WG Solutions PTY LTD can meet the specific requirements of the tender but do charge additional costs for set-up.
 

Evaluation of the Preferred Tenderer

Each tenderer shortlisted was interviewed and assessed against the tender evaluation criteria and their price for the fee payment and billing component, education and curriculum and optional features.  The assessment showed that all three tenderers could provide the service required however, based on service delivery capabilities and cost rankings, HubHello Pty Ltd represents the most advantageous to Council for the provision of Child Care Management Software.

 

 

 

Financial Implications

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis. Based on this review, no concerns were raised as to the ability of HubHello Pty Ltd to perform the services described. The

total tendered price by HubHello Pty Ltd of $42,393.75 (excluding GST) and a once off payment of $6,950.00 for optional features is within the provisioned budget allocation for the Child Care Management Software program and is in the Children’s Services budget.

 

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 Sandy Davies – Director Community and People, Glenn McCarthy - Governance Manager and Lana Axford – Supply Coordinator were briefed by the Children’s Services Operations Manager about the background and the process followed.

 

The TAG considered the recommendations in relation to the tender for Child Care Management Software and it was noted that the recommended proposal is the lowest cost and the company has demonstrated their ability to meet Council’s requirements and their proposal was 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.

 

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for council, overseen by the Tender Advisory Group. The data management requirements in the tender documentation were clearly addressed by HubHello Pty Ltd and align with Council’s guidelines.

Conclusion

The Tender Evaluation Panel is of the opinion that HubHello Pty Ltd provided the most advantageous tender and it is recommended that they be awarded the contract for Child Care Management Software for a sum of $49,343.75 excluding GST which includes the once of payment of $6,950.00 for optional features. The total tendered price is within the provisioned budget allocation for the Child Care Management Software in the Children’s Services Budget.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-15  Child Care Management Software be received.

2.     HubHello Pty Ltd be awarded the contract for Child Care Management Software for a period of six (6) years with an option to extend for a further two (2) by two (2) years.

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

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway                                                                                                                    9

 

3        Western Parkland City Overseas Study Tour                                                                  21

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

2

Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway   

 

Compiled by:               Gavin Cherry, Development Assessment Co-ordinator

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Improve development assessment services through continuous improvement and stakeholder input

      

 

Executive Summary

A review of the Environmental Impact Statement (EIS) exhibited for the M12 Motorway proposed is informing Council’s submission on the application to the NSW Department of Planning, Industry and Environment. While the proposed M12 Motorway is considered a necessary strategic infrastructure connection servicing the planned aerotropolis and Western Sydney catchment, there are a number of design elements, assumptions and conclusions outlined within the EIS that are considered to warrant further investigation, confirmation and potential amendments to the proposal to ensure that the opportunities of the transport corridor are not detrimentally to biodiversity, landscape, heritage and orderly development principles.

Following a review of the EIS it is recommended that matters identified are included in a submission to the NSW Department of Planning, Infrastructure and Environment for their consideration, and the applicants address, in the progressive assessment of the State Significant Infrastructure application.

Background

On 16 October 2019, Council received notification of the proposed M12 Motorway and the exhibition of the EIS accompanying the proposal.   The proponent of the application is the NSW Roads and Maritime Service (RMS).

The proposal is State Significant Infrastructure being assessed by the NSW Department of Panning, Infrastructure and Environment. The Minister is the consent authority.

The exhibition period is from 16 October 2019 to 18 November 2019 however Council has been granted an extension to this exhibition period up until 29 November 2019 to enable this report and the issues identified to be considered prior to the preparation and issue of a formal submission.

Refer to separate enclosure (pages 1-4) for diagrammatic details of the proposed road corridor and key construction features of the proposal.

 

Strategic Planning and Connectivity Considerations

 

The proposal has been considered having regard to broader strategic planning opportunities and identified connection requirements throughout the precinct. Below are issues that have been identified as part of a review of the EIS and should be addressed by the Applicant and responded to by the Department in the assessment of the application: -

 

·    Noting that the Western City is a key part of the rationale for the M12 proposal, there doesn’t appear to be any inclusion of, or definitive provision for interchange into the Northern Gateway, which is an initial precinct within the Aerotropolis as envisaged in the Western Sydney Aerotropolis Stage 1 Land Use and Infrastructure Implementation Plan (LUIIP);

·    It is therefore requested that the Devonshire Road interchange be brought into the proposal, or alternately be considered as a future extension in the plans (similar to the grade separation of the Northern Road, or the potential for widening to 6 lanes).  It is also noted that the options analysis could be expanded to demonstrate this potential connectivity, as it would enable the opportunities and constraints of bringing forward such connectivity to be assessed;

·    Currently there are no plans for an interchange with Elizabeth Drive. If interchange would be expected between the M12 and Elizabeth Drive through the airport road network, then this may be difficult to rely on given the Commonwealth ownership of airport lands and the inability for the NSW to ensure an airport related connectivity outcome over the long term. It is requested that this aspect be considered in the assessment of the application;

·    In line with the above, as the road network develops for the Aerotropolis during the Stage 2 LUIIP and precinct planning, the EIS (and the design of the M12) should be updated to respond to, and ensure consistency with, these developments. This could include the provision of additional interchanges as the arterial and sub arterial road network develops through the Aerotropolis;

·    The EIS would also need to have regard for the future Draft Aerotropolis SEPP and DCP, which are forthcoming (as indicated in the Western Sydney Aerotropolis ‘What We Heard’ Report);

·    Connectivity across the corridor needs to be considered as a priority, either by including the provision for / of bridges and underpasses across the Northern Gateway precinct, or enabling these to be delivered by others at a future point in time. This is because the Northern Gateway is (in part) divided by this future infrastructure. Private, public and active transport connectivity across the M12 corridor north-south, as well as east-west connectivity across the Airport – M12 link should not be prohibited by the proposed motorway;

·    Impacts on land owners should be minimised to the maximum degree possible, including the return of construction required land to productive use as soon as possible; and

·    Consideration of the impacts on surrounding land should also be undertaken in a manner which identifies the future urban use of surrounding sites (rather than considering in a rural context only). This may require some further works to minimise future impacts.

 

Construction Management Measures

The EIS provides an analysis of noise and vibration, air quality, land contamination, waste and resource management as appendices.

The EIS satisfactorily identifies construction and operational related issues and foreshadows the need for further investigation and refinement of mitigation measures during the detailed design stage. To facilitate this, the EIS proposes the preparation of a Construction Environmental Management Plan and Sub-plans to address issues such as land contamination, community consultation, construction dust and noise. These plans are anticipated to satisfactorily minimise and manage construction impacts as a result of those works.  It is however recommended that suitable conditions of consent reflect these recommendations and ensure that the Plans are prepared by appropriately qualified consultants and submitted to the consent authority for endorsement, prior to commencement of construction works.

Land Acquisition and Wastewater Management Implications

It is noted that construction of the proposed motorway will require partial land acquisition and may impact on existing waste water management systems on various rural – residential properties along the route of the proposed motorway. As part of that process, the impact of any property adjustments, if any, on on-site sewage management systems and disposal areas should be considered and addressed as these allotments are not serviced by Sydney Water infrastructure and rely on site specific effluent management systems.

Whilst the EIS does not specifically discuss property acquisition and resulting impacts to existing operational onsite sewerage management systems, is recommended that this issue be raised for the Department to consider in the assessment of the application and the need for suitable recommended conditions of consent that are addressed during the detailed design phase, ensuring that any impacts to approved effluent management systems resulting from required land acquisition are rectified through the necessary consent processes prior to commencement of construction.

Biodiversity Consideration

On 19 October 2018, the Commonwealth Minister for the Environment determined that the project was a controlled action due to the potential significant impacts to matters of national environmental significance listed under the Environmental Protection and Biodiversity Conservation Act 1999. The predicted significant impacts related to:

·    Cumberland Plain Shale Woodlands and Shale Gravel Transition Forest both being critically endangered ecological communities;

·    Sydney Bush Pea (listed as vulnerable);

·    Grey Headed Flying Fox (listed as vulnerable);

·    Koala (listed as vulnerable); and

·    Swift Parrot (listed as critical endangered).

As a consequence of this classification, approval is required by the Commonwealth Government for the proposal and the impacts of that proposal on biodiversity.

The EIS has identified the following impacts as a consequence of the proposed motorway:

·    Sydney Bush Pea, Cumberland Plain Shale Woodlands and Shale Gravel Transition Forest are considered to be significantly impacted by the proposed works;

·    The Grey Headed Flying Fox was the only listed fauna species recorded or assumed present within the study area with no breeding or roosting habitats within the study area;

·    Approximately 55 hectares of potential foraging habitat for the Grey Headed Flying Fox will be removed as part of the proposed works;

·    The proposal relies on surrounding areas for potential foraging in the suggestion that the impacts resulting from the removal of 55 hectares will not be significant;

·    The assessment identified 8 x plant community types within the study area with 7 x plant community types are listed as threatened ecological communities within 5 x plant communities located within the construction footprint and thus impacted by the proposed works. In summary, 73.65 hectares of plant community types will be removed with a further 12.73 hectares potentially impacted by indirect impacts;

·    Five threatened flora species were identified within the study area with direct impacts identified to two (2) of these species being the Sydney Bush Pea (endangered) and Dillwynia tenuifolia (vulnerable). 90 Sydney Bush Pea plants (of 270 recorded) will be impacted by the road corridor construction and 244 Dillwynia plants (of 464 recorded) are within the road corridor construction;

·    Seven (7) threatened fauna species were recorded in the study area being 5 x microbat species and the grey headed flying fox and white bellied sea eagle. In addition the Cumberland plain land snail southern myotis and eastern false pipistrelle were also assumed to be present. Foraging and habitat removal for these species is 55.58 hectares for microbats, 3.69 hectares for white bellies sea eagle, 1.86 hectares for Cumberland plain land snail and 3.69 hectares for southern myotis; and

·    No threatened fish or ecological communities were considered likely to occur within the study area or likely to be impacted by the proposal. Fish passage was identified as being maintained throughout construction activities and the design allows for the retention of fauna corridors for movement along Ropes Creek. Creek adjustments however would be required for Badgerys Creek, South Creek and Kemps Creek.

The EIS in summary outlines that it is impossible to avoid impacts however minimisation and mitigation measures are proposed with future ecological input into the detailed design phase recommended. This includes refinement to the design and minimisation of Cumberland Plain Woodland clearing. The EIS also suggests that the road design will incorporate suitably placed fauna fencing to reduce mortality risks from motor vehicles and the design of bridges for all creek crossings will assist in maintaining wildlife connectivity.

The findings and conclusions of the EIS has been reviewed by Council’s Biodiversity Officer and the following comments are provided to inform a submission to the consent authority:

·    While the application is supported by a Biodiversity Offset Strategy (BOS), the BOS is not finalised and an offset to the extent of clearing proposed has not been identified in the EIS. This is critical in the consideration of impact. While the Roads and Maritime Service in a recent presentation to Council suggested that 80% of offset credits have been secured, this is not reflected within the EIS and security or retirement of all 100% offset credits should be ascertained prior to determination of the application. This is recommended to ensure that the credits are firstly available, and that the credits are appropriate to compensate for the extent of loss identified as a direct consequence of the proposed works;

·    The EIS also makes numerous statements that “certain impacts on biodiversity values require further consideration by the relevant consent authority” and “Further surveys of these areas would be undertaken during detailed design and prior to construction and new calculations performed as necessary”.  It is considered necessary that this survey work be undertaken up front as part of the Development Application process, to inform an assessment of significance. This required survey work will ascertain the extent of biodiversity, specifically native vegetation impact and as a consequence, the amount of credits to be secured / retired to conclude if the proposal will, or will not, have a detrimental impact on native flora;

·    Similar to the above comments, the EIS suggests that detailed design is to be progressed that will ascertain the retention of fauna passages at all four main creek lines (Cosgroves, South, Kemps and Badgerys Creeks)”. In the absence of this detailed design, it cannot reasonably be concluded that fauna passages will not be impacted upon which should be investigated and suitably addressed as part of the development application stage rather than being deferred to construction;

·    While pathogen management is referenced within the EIS, it is recommended that pathogen management be undertaken in accordance with Guide 7 Pathogen management of the Biodiversity Guidelines: Protecting and managing biodiversity on RTA projects. This is recommended to be addressed by a condition of consent should the proposal be supported;

·    The EIS states that “Fauna within the area would already be adapted to photo pollution and the increased artificial lighting associated with the project is unlikely to have a significant effect.” There is no clear justification for this conclusion and it is considered necessary that light mitigation measures be included in the assessment of impact and be reflected within proposed mitigation measures. This potentially could be addressed through conditions of consent if the proposal is supported; and

·    If the pre-clearing survey finds the sea-eagle nest needs to be removed, it is recommended that a detailed plan be developed and implemented in conjunction with a sea-eagle expert. This potentially could be addressed through conditions of consent if the proposal is supported.

Refer to pages 5-17 of the separate enclosure for further diagrammatical detail on mapped threatened species and the proposed road corridor.

It is also noted that the proposed Cumberland Plain Conservation Plan (CPCP) is part of the Government’s commitment to delivering the Western Parkland City. It is intended to protect the region’s threatened plants and animals and support the needs of the community through the creation of conservation lands and green spaces close to homes.  The CPCP aims to help balance the future needs of the community and protect threatened plants and animals in Western Sydney for the long term.  The CPCP will seek to offset impacts on threatened plants and animals through a conservation program that includes new reserves and ecological restoration.

Given the above, and the importance that the State Government is placing on using “strategic conservation planning”, it is considered imperative that the proposed M12 motorway and the EIS that supports it specifically address the intended CPCP and demonstrate how the strategic intentions of the proposed CPCP are being maintained and addressed through the design and development of this proposal.  While it is appreciated that the CPCP is yet to be finalised, an infrastructure project of this scale should integrate and reflect the intentions and strategic objectives of this plan which are known to the NSW Government.

Water Quality Management

In relation to water and catchment health, there are a number of potential impacts associated with both the construction and operation of the proposed M12 Motorway. The proposed new dual carriageway has the potential to impact on water quality and hydrology. Some of the potential impacts include:

·    Increased road runoff volumes and/or velocity resulting in potential increase in scouring and erosion;

·    Accidental leaks or spills of chemicals and fuels;

·    The introduction of gross pollutants (rubbish) into the waterways;

·    Smothering of aquatic organisms from increased sediments;

·    Reduced water quality from elevated turbidity, nutrients and other contaminants; and

·    Changes to flow rates, volumes and flow paths within waterways and drainage lines;

·    Altered hydrology and geomorphology from the loss of ephemeral streams and the creation of impermeable surfaces and the proposed minor creek adjustments at Badgerys Creek, South Creek and Kemps Creek.

The EIS has included a number of stormwater management commitments for implementation in both the construction and operational stages of the project. Proposed stormwater treatment measures include sediment basins, gross pollutant traps, swales and stormwater treatment basins.

These measures aim to ensure that the quality of stormwater runoff from the M12 Motorway during construction and operation contributes toward the achievement of the NSW Water Quality Objectives as well as those outlined in Council’s WSUD Policy. The report also indicated that the design of the treatment measures will be further refined at the detailed design stage and will be monitored to ensure their adequacy.

In summary, the protection of waterway health is considered to be an important consideration for Penrith City Council and given the scale of the proposed motorway, the management and treatment of stormwater will be important to ensure the impact on receiving waterway and catchments is minimised.

In order to improve the water quality outcomes, the following recommendations are intended to be incorporated into a response to be sent to the Department:

·    It is recommended that the stormwater management strategies be further refined and ensure that the proposal meets current best practice water quality, pollutant reduction and flow management targets to ensure the impacts on all receiving waterways are minimised and adequately managed;

·    There are opportunities to ensure that the stormwater treatment measures are provided in an integrated manner with the associated riparian corridors. The measures should serve to maximise opportunities to enhance passive recreational benefits of the riparian corridors;

·    It is recommended that all stormwater treatment measures associated with the construction of the motorway, be owned and maintained by the RMS or operator of the road and not be dedicated to Council, and

·    An appropriate water management and monitoring strategy should be prepared and implemented to ensure water management measures are adequately maintained and appropriately function both during the construction and operational phases of the project.

It is noted that these recommendations could be addressed as conditions of consent to be further refined and compliance demonstrated through detailed design progression.

Flooding and Overland Flow

Clause 7.8 of the EIS and Appendix L – Flooding Assessment Report provides an assessment of the proposal on the flood characteristics of the land and potential impacts of the proposal on those characteristics and neighbouring properties:

·    The construction standards and finished levels for the proposed motorway have been designed for a 100-year ARI year flood immunity however it is considered necessary that the EIS be amended to provide a cross section of each bridge showing the top water level for various flood events up to and including the PMF event. This is considered necessary to adequately consider the implications of the proposal stemming from flood events beyond the 1 in 100-year flood;

·    The Flooding and Drainage Design Criteria (Table 3-1 of Appendix L) also states that culverts are to be designed to a 50-year ARI where surcharge is allowable. It is considered necessary that the assessment of the application, specifically the impacts of surcharge on land be considered having regard to the strategic intentions for this area, which is planned to undergo significant change in response to the Western Sydney Aerotropolis;

·    The Flood Impact Objectives (Table 3-2 Appendix L) states that less than 50mm increase in flood levels for the 20 and 100 year ARI flood events is acceptable for houses, urban areas and commercial areas. It has been the position of Penrith City Council that no increase in flood levels is suitable for such areas. It is considered imperative that this position be maintained that that any increase in flood levels resulting from the development should not have any adverse impact upon neighbouring properties. As such, any increase in flood levels upon properties that are not affected by flooding is not considered to be supportable and should be addressed and resolved as part of this application assessment process;

·    The EIS identifies that the bridges will span across the 1:100 year flood extent.  However, some plans and diagrams illustrate the bridge span falling short of the illustrated flood areas. It should be confirmed that the plans to be relied upon for the bridge extent align with the mitigation measures outlined within the EIS being an expanse for the full width of the flood zone;

·    Further consideration should be given to upgrading the existing culverts under Luddenham Road to eliminate any potential risk to motorists and pedestrians from overland flow flooding in major storm events. This aspect could be addressed as a recommended condition of consent if the proposal is supported; and

·    Where the motorway drainage network proposes to connect into existing Council drainage systems, the capacity of such existing systems is required to be assessed with any upgrades to existing systems to be provided with the development. This aspect could be addressed as a recommended condition of consent if the proposal is supported.

Road Construction and Maintenance Expectations

The following matters have been identified by Council’s Traffic Management and Development Engineering Teams for consideration by the Department and address by the applicant:

·    The EIS has acknowledged there is a proposal for a future extension of Devonshire Road to Mamre Road, which would provide a North-South arterial road connection with a potential connection to the proposed M12 Motorway. Given the significance of this infrastructure to Western Sydney, including the Western Sydney Airport and Growth Area, along with its relationship to transport movements in the region, it is recommended that the timeframe for the Devonshire Road/Mamre Road interchange be brought forward to coincide with the opening of the proposed  M12 Motorway and this form part of, or be facilitated by, this State Significant Infrastructure proposal;

·    Confirmation is sought from the applicant as to what authority is intended to be responsible for the future long-term maintenance of any infrastructure that is to be delivered by the project including: water quality / detention basins; landscaping; public art; shared pathways and associated lighting. Specifically, there needs to be up front advice and negotiated agreement with Council for any assets that are proposed to be handed over to Council at the completion of the project;

·    All local road construction within the Penrith Local Government area is to be undertaken in accordance with Council’s standards and specifications. Detailed design plans for the local access road construction are to be reviewed by Penrith City Council. This specifically relates to works associated with Clifton Avenue and Salisbury Avenue;

·    Provision for future vehicular access and connectivity to the Western Sydney Priority Growth Area lands to the north of the M12 Motorway should be provided as part of the development. In particular, the lands north of the M12 Motorway between Badgerys Creek and South Creek will likely become land locked as a result of the proposed development. Provision of an underpass is should be provided as part of the M12 development proposal;

·    Further to the above point, access to the lands between Cosgrove Creek and Badgerys Creek north of the M12 Motorway should also be considered.  Any suggestion for access to the Western Sydney Priority Growth Area lands from the local road network of Twin Creeks is not considered acceptable and a suitable arrangement must be provided for as part of this proposal; and

·    The bridge over South Creek on Luddenham Road has a load limit and is not suitable for heavy traffic. Any construction traffic or haulage along Luddenham Road for construction of the bridge is to occur from Elizabeth Drive. A dilapidation report of the existing pavement condition of Luddenham Road is to be undertaken prior to any use of Luddenham Road as a haulage route.

Landscape and Open Space

The following landscape, urban design and open space considerations are raised for address in  the assessment of the application:

·    The proposal has identified the opportunity to provide a connection between the creek crossings and the shared pathways. The gradients of these connections must be confirmed through detailed design as part of the initial work proposed, to ensure that large areas of vegetation are not compromised when regrading for the secondary connections planned for the future;

·    It is understood that amendments have been made to the M12 alignment to accommodate the Western Sydney Parklands to the east, however the same preservation and consideration has not been applied to the western extent of the proposed corridor. It is considered necessary that a similar open space connection between Luddenham Road and The Northern Road be provided for. A landscape connection between Luddenham Road and The Northern Road would service as a spine for further recreational and ecological connections to be provided. Opportunities may exist for an overpass as an innovative open space infrastructure outcome for the western parkland city. It is also noted that the proposal is identified as a key link in the implementation of the NSW ‘Green Grid’ network however the opportunities that this establishes are not yet realised in the current proposal due to the missing connections west;

·    The proposal provides for water quality treatment measures in the form of basins however basins of this nature are usually required to fenced. Opportunities to better integrate the basins as landscape features with recreational attraction should be investigated, rather than just acting as civil drainage and biofiltration infrastructure; 

·    Canopy tree planting is predominantly shown at the toe of batters and significant distance to road pavements. This planting arrangement is not considered to suitably address Council’s Cooling the City plan by ensuring the appropriate locations for planting of trees for maximum amenity and shading effect. Opportunities should be pursued to locate trees that provide canopy shade on road pavements, with the use of barriers considerate of the need to enable non-frangible canopy trees;

·    Pedestrian and cycle connections along the road corridor are linked to open space recreation (creek) corridors which may, or may not, be established at the time of road construction. Th assessment of the application should consider and address how these connections will still be delivered if no recreation path networks exist in open space corridors;

·    It should be clarified if power is intended to be provided underground for the entire alignment and if not, how is development inclusive of exposed power poles and the like, sufficiently responding to the need for integrated and environmentally responsive design solutions;

·    The proposed engineered batters contrast against the natural existing landforms as outlined in the Landscape Character Zones.  The urban design analysis has sought to demonstrate that the visual prominence of the resulting road levels and batters will not be excessive as viewed from various vantage points, however the scale and gradient of the batters is still excessive and has the potential to dictate finished ground levels when the broader precinct is developed. The rationale for the finished road levels and the necessity for excessive batters, irrespective of landscaping requires further explanation;

·    Existing dams add visual interest and contribute to landscape character. Given the extensive loss of dams, consideration should be given to proposed water bodies being designed to be more naturalistic elements in the landscape (not standard engineered forms);

·    The shared path is noted as having high amenity and separation from the highway where possible. A dialogue with the RMS during design phases of the shared path is encouraged to ensure sufficient amenity is achieved. This includes maximising canopy cover over the shared path for pedestrian and cyclist comfort and health;

·    There are opportunities through this proposal to include and exhibit ‘parkland city principles’ and contribute to the 5 million trees program (e.g. through the planting of additional trees and improvement of the interface with the South Creek corridor, etc);

·    Part of the shared path along the M12 relies on upgrades made by Western Sydney Parklands. Further detail on the certainty of this upgrade is requested, as the benefits of the shared path would be best realised if there is connectivity through to the M7 shared path network; and

 

·    Further view corridor analysis is recommended up and down the north-south creek corridor as these will be key areas of open space in accordance with the LUIIP. This includes South Creek, Kemps Creek, Badgerys Creek and Thompsons Creek.

Refer to the separate enclosure (pages 18-23) for typical cross sections of the proposed road corridor and the implications of the proposed alignment, landscape batters and finished ground levels.

Land Fragmentation Considerations

The proposal would appear to render a number of properties between the M12 east / west alignment, the proposed southern approach to the planned airport and the mapped flooding extent coinciding with Badgerys Creek as being land locked. The design interface and relationship of Elizabeth Drive and the airport entry is not yet known and as such it is not clear how orderly development and access arrangements to this land will be retained.  This should be further investigated and clarified.

Non-Aboriginal Heritage Assessment

The Non-Aboriginal Heritage Assessment Report which forms Appendix J of the EIS while lengthy, is not considered to be sufficient in the analysis that has been undertaken to inform the conclusions made.  The report recommends destruction and archival recording of all known and documented items of heritage significance where they are directly impacted by the proposed development.

The proposal should be informed by a detailed analysis of site conditions, heritage significance and suitably demonstrate that the proposal has respected and responded to that significance. The proposal and alignment of the road corridor, including the future planned connection with the airport, does not appear to have been prepared in response to these items given the recommendations made.  This is particularly concerning as the report itself acknowledges that major impacts are proposed to items of identified State significance being McGarvie Smith Farm and McMaster Field Station.

The heritage assessment also does not make identifiable reference to the heritage qualifications of the author and given the proposal seeks to destroy and archive all directly impacted items of heritage significance, it is imperative that the analysis is undertaken by a suitably qualified heritage consultant that explores all opportunities for retention or amendment of the development to provide for some retention or relocation.

Alternatively, the assessment must detail why, on the grounds of heritage conservation, it is most appropriate to remove / destroy and archive photographically. 

It is also noted that the assessment report states that for the McGarvie Farm: “options will be investigated to provide funding support to prepare a thematic heritage study …” It is recommended that this be prepared prior to approval of the proposal, to better understand if this site has a greater significance than currently thought/understood (national or commonwealth significance). The assessment of significance and requirements of the project to respond to that significance should then be assessed based on the results of this study.

Luddenham Road is also still listed as containing heritage significance and while the reports note impact is minimal it is thought that this might not be the case in respect to road alignment, rural setting, landscaping and fencing. Further discussion should be sought through the amended impact assessment as outlined above.

It is therefore requested that the Department consider pursuing an amended Heritage Impact Assessment, or an addendum to the existing report that is prepared from a suitably qualified independent heritage consultant which addresses the above points and the following key questions and considerations:

·    What other options have been explored (in a heritage context) to avoid impacts to the sites?;

·    Archival recording should be the last resort for options relating to demolition of listed heritage items. Have other options been explored and where is this discussion if they were not thought to be feasible options? i.e. Has salvaging been explored?  Relocation of structures? Partial demolition as opposed to demolition of all buildings?;

·    What interpretation strategy is taking place for demolished structures/site? This should be provided prior to construction and available for the consent authority and affected local Council to review; and

·    Is the demolition essential at this time? Or can it be postponed in case future circumstances change? i.e. entry/exit ramp locations

Refer to separate enclosure (page 24) for diagrammatical details of the proposed road corridor alignment and the location of identified non aboriginal heritage items of significance.

Aboriginal Heritage Assessment

Similar concerns are raised with the nature of the reporting and assessment undertaken within the separate enclosure (page 1).

The author of this component of the EIS is identified as being a “suitably qualified heritage consultant in accordance with the guidance documents listed Section 7.5.1.” It should be demonstrated by nomination of author and qualification that this is complied with and it should be demonstrated that the author is independent to the RMS, and that the conclusions are informed by that independent analysis given the implications of the proposal on identified items of significant.

It is however noted that survey work was undertaken between July and September 2017 with representatives from the Deerubbin and Gandangara Local Aboriginal Land Councils. With consultation with Aboriginal community representation stated between October 2017 and February 2019.

The assessment surveys identified 19 aboriginal sites within the construction footprint. With an addition 7 sites within the investigation area.  There were areas identified as containing high significance along South Creek however the assessment confirms that all 19 sites will be subject to direct harm, 11 sites subject to partial harm and 8 sites subject to total harm.

The report concluded that realignments were considered, and it was found that all options would have an impact on aboriginal heritage values.  The focus is outlined as being on minimisation of impacts, but the report does not clearly detail if this alignment was deemed to the least impactful having specific regard to aboriginal heritage values or the basis on which this alignment was the most appropriate balance of all competing considerations.

The report does however confirm that the least extent of impact would be realignment to areas of high ground disturbance, specifically referencing the existing Elizabeth Drive corridor or operational quarries.  This however was not deemed strategically appropriate due to perceived unacceptable impacts on existing infrastructure, transport and commercial operations.

The Department is therefore requested to confirm what alignment options were tested with a constraints and benefit analysis that would support the identified impacts to aboriginal heritage values including sites of ‘total harm’ in considering impacts to infrastructure, transport links and commercial operations.

Financial Implications

There are no financial implications that would result from the detail contained within this report or the recommendation to make a submission to the NSW Department of Planning, Infrastructure and Environment.

Risk Implications

There are no identified risks that would result from the detail contained within this report or the recommendation to make a submission to the NSW Department of Planning, Infrastructure and Environment. The recommendation to make a submission responds to the Department’s invitation to review the State Significant Infrastructure application and make comment.

Conclusion

While the strategic importance of the proposed M12 Motorway is appreciated, the indicated design and alignment of the corridor not been demonstrated to have been informed by or responded to key environmental and planning factors that would suggest that the proposal in its current form is supportable.

It is recommended that the issues outlined within this report be considered by the Department in the assessment of the application. It is also recommended that the applicant have any opportunity to amend the proposal and / or submit further documentation to be made available to Council and adequately respond to the matters raised prior to the determination of the State Significant Infrastructure application. 


 

 

RECOMMENDATION

That:

1.     The information contained in the report on Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway be received.

2.     The matters identified within this report be included as a submission to the NSW Department of Planning, Infrastructure and Environment for their consideration and address in the assessment of the State Significant Infrastructure application.

3.     Upon receipt of a response to Council’s submission, a memorandum is to be circulated to all Councillors outlining the nature and outcome of the response received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                         25 November 2019

 

 

 

3

Western Parkland City Overseas Study Tour   

 

Compiled by:               Carlie Ryan, City Deal Manager

Authorised by:            Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Support and influence tri-government strategic planning in the Western Parkland City by responding to the City Deal opportunities

      

 

Executive Summary

This report outlines a combined proposal from the NSW Minister for Jobs, Investment, Tourism and Western Sydney, the Hon Stuart Ayres, MP and from the Minister for Population, Cities and Urban Infrastructure, the Hon Alan Tudge, MP for Council to participate in an overseas study tour with other partners in the Western Sydney City Deal.

 

The tour focuses on examples of best practice in regional development such as Manchester and Sheffield in the United Kingdom and the Schiphol airport precinct in Amsterdam, and will also provide an opportunity to promote investment. 

Background

The Mayoral Forum of the Western Parkland Councils has recently considered a suggestion from the Minister for Jobs, Investment, Tourism and Western Sydney, the Hon Stuart Ayres MP for the City Deal Councils to join him and the Minister for Population, Cities and Urban Infrastructure, the Hon Alan Tudge MP, together with Geoff Roberts, Global Head of Relationships (NSW Treasury) on an overseas study tour.

Purpose of the Study Tour

The key purpose of the proposed study tour is to provide a learning opportunity for leaders from Local, State and Commonwealth governments. The itinerary focuses on:

·   Examples of best practice in regional development such as Manchester and Sheffield in the UK and Schiphol airport in Amsterdam;

·   Experiences of UK local government in successful “City Deals” and how they have evolved as the regional governance arrangements matured.

 

The visit to Sheffield, for example, provides an opportunity to learn about the economic redevelopment of this region and how academia and industry are partnering to ensure local residents have the skills and qualifications required for emerging jobs in advanced manufacturing.  Similarly, the visit to Schiphol will include an examination of how agri-tech, agri-logistics and agri-science has worked in the Netherlands and the lessons that may be applied throughout the Western Parkland City.

 

In addition, the tour incorporates opportunities for the participating Councils to promote investment opportunities, either for the whole Western Parkland City or individual LGAs.  Such opportunities will be co-ordinated through Austrade and the NSW Department of Planning, Industry and Environment, utilising existing connections to align with regional priorities.

 

It is also envisaged that the tour will provide a further opportunity for relationship building, both with overseas networks and within the leadership group for the Western Sydney City Deal. 

 

Participants

 

Participation in the study tour will be open at the invitation of Minister Tudge and Minister Ayres to all of the Councils of the Western Parkland City.   

 

It is proposed that attendees be finalised once confirmation of the dates and complete itinerary are known. On return, a briefing will be provided to Councillors and key staff on the insights obtained through the study tour.

 

Timeframe

 

The proposed timeframe for the study tour is likely to be 7 days including travel times, depending on final confirmation of the itinerary and travel arrangements. 

 

The trip would be held in the first quarter of 2020, most likely in mid-March when neither the Commonwealth or NSW State Parliament are sitting as this will enable Minister Tudge and Minister Ayres to join the tour, pending confirmation of other commitments.

 

Consultation

 

The study tour proposal has been developed by relevant Commonwealth and NSW State Government agencies including the Commonwealth Department of Infrastructure, Transport, Cities and Regional Development, the Western Sydney City Deal Delivery Office and the Western City and Aerotropolis Authority (WCAA) and incorporates feedback received from the Mayoral Forum.  Travel arrangements will be finalised with participants once confirmed and agencies such as Austrade consulted regarding potential investment attraction activities.

 

Financial Implications

 

The WCAA will meet the costs associated with planning the itinerary and incidental costs such as speaker and venue arrangements.  Councils are required to cover the direct costs associated with each participant. These costs will not be known until the itinerary is finalised.

 

Funding for the first year of the Western Parkland Alliance was set aside in December 2018 in the Financial Management Reserve. These funds are sufficient to cover the first year contribution to the alliance in addition to the costs associated with Council representatives participating in the tour and can be met through this budget.

 

Risk Implications

Appropriate insurance policies are in place to provide cover (e.g. travel and personal accident risks) for Council representatives whilst on the overseas tour.

Conclusion

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

 

Funds are available within the Financial Management Reserve to undertake this delegation.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Western Parkland City Overseas Study Tour be received

2.     Council authorise the attendance of the Mayor to attend the 2020 City Deal Study Tour.

3.     The General Manager be authorised to make arrangements for Council participation in the 2020 City Deal Study Tour to the United Kingdom and Amsterdam once final details have been provided.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

4        Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding                                                                                                                              27

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

4

Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding   

 

Compiled by:               Matthew  Buckley, Major Projects Coordinator

Wasique Mohyuddin, Major Projects Coordinator

Ari Fernando, Major Projects & Design Coordinator 

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We can get around our City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage the delivery of Council’s major transport infrastructure projects

      

 

Executive Summary

On 22 October 2019 the Australian Government, via the Department of Infrastructure, Transport, Cities and Regional Development, announced that funding has been allocated to Council as part of the third round of the $200 million Local Roads Package, within the Western Sydney Infrastructure Plan (WSIP).

 

The report recommends Council accept the $13,152,046 (P90 estimate) in funds for the three projects proposed which are scoping of Coreen Avenue corridor improvements, the scoping of Jamison Road intersection upgrades and delivery of improvement works to Caddens Road, Claremont Meadows.

Background

In April 2014, the Federal and State Governments released the Western Sydney Infrastructure Plan (WSIP). As part of the WSIP, both Governments agreed to a partnership to deliver a $200 million Local Roads Package which would be shared between seven local government areas in Western Sydney over ten years.

 

Round 3 applications were opened on late 2018 and Council proposed the three successful projects for consideration. Dunheved Road Improvements were also proposed, however funding for Dunheved Road will be subject of a separate report.

 

Scope of Projects

The projects are scheduled to be delivered over a full three (3) year period from November 2019 to November 2022. The three projects to be delivered are as follows:

 

Delivery (Construction phase)

·    Caddens Road - Gipps Street to Heaton Road.

Provide roundabout at White Cedar Avenue, pedestrian refuge and seagull intersection at Silkwood Drive and pavement widening, with construction funding of $11,932,755 (P90).

 

 

Scoping (Investigation and design phase)

·    Coreen Avenue Corridor Improvements.

Study of the Coreen Avenue & intersections to consider efficiency improvements, with investigation & design funding of $711,253.

·    Jamison Road Signals at Station Street and Woodriff Street Intersections.

Study to replace the existing roundabouts with signalised intersections, with investigation & design funding of $508,038.

Funding Agreement

The funding has been provisionally allocated to the level of the P50 estimates ($12,234,197 in total).  Variations up to the level of the P90 estimates ($13,152,046 in total) require the approval of the Department of Infrastructure and Regional Development.  All project costs above the P90 estimate must be borne by Council.

 

P50 and P90 are RMS terms which refer to the probability of risk on the project. In layman’s terms, P50 includes an allowance for an average level of construction risk and RMS experience has demonstrated that approximately 50% of projects can be delivered for that cost.  P90 is the 90% worst case scenario, so 90% of all projects can be reasonably anticipated to be delivered within that total cost.  The P50 and P90 cost estimates were prepared by experienced Quantity Surveyors based on detailed concept plans, survey and site investigations so the level of risk should reasonably be expected to be within the 90% limit.

Financial Implications

The proposal aims to upgrade Council owned local infrastructure asset at Caddens Road from Gipps Street to Heaton Road. Road asset management plan have highlighted a funding gap for road renewals. External funds will help reduce this gap by fully funding the proposed works and thereby eliminating the risk of early asset maintenance intervention from General Revenue. Funding has been provisionally allocated to the level of the P50 estimates. Should project variations go over the RMS specified P90 limit, which represents a 10 percent probability the project will go over $13,152,046, a reprioritisation of Council civil operations programme funds will be undertaken to meet the shortfall.

 

Additional asset maintenance budget will be allocated at the completion of the project from General Revenue. Total allocation will be approximately $21,629 in accordance to Budget Management guidelines.

Risk Implications

The key risk associated with acceptance of this funding relates to the larger portion of funding on the Construction project.  The potential P50 to P90 funding gap can be covered by the federal funding providing such an increase can be adequately justified, however the agreement puts all risk over and above P90 onto Council.  That potential value over and above P90 is effectively unlimited.  Project management principles will be used to mitigate risks associated with construction procurement and management.

 

 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding be received

2.     Council write to the General Manager, Western Sydney Infrastructure Plan, RMS, to accept the funding offer for the projects as listed in the report.

3.     Council write to the Minister for Infrastructure, Transport and Regional Development, Minister for Population, Cities and Urban Infrastructure, and Local Members expressing appreciation for their support and funding.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

5        Naming of the Indoor Pool at Ripples St Marys                                                               33

 

6        RFT18/19-15 Minor Mechanical Service                                                                         35

 

7        RFT19/20-01 Security Services                                                                                                                                                                                                                                                                                41

 

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

5

Naming of the Indoor Pool at Ripples St Marys   

 

Compiled by:               Robert Tweddle, Manager - Ripples

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

Manage the use of community, sport and recreation facilities

      

 

Executive Summary

Penrith City Council received correspondence from Penrith Aquatic and Leisure Ltd (Ripples) asking Council to consider naming of the indoor pool hall at Ripples St Marys as the Alan Brown Memorial Pool. This request was made following the passing of Mr Brown, and in recognition of the outstanding contribution made by Mr Brown over a 24-year period to the development and support of Health Fitness and Aquatics across the City.

 

Investigations into this proposal were undertaken with the Geographical Names Board (GNB), who investigated the origins of the current name of the site. The GNB has advised that it is possible to name and sign the venue in recognition of Alan Brown as a resolution of Council, however the name would not be recognised legally. Therefore, should Council endorse naming the venue, it will be recognised as the Alan Brown Memorial Pool, Ripples.  The family and other users of the facility support this proposal.

 

It is recommended that Council support the naming of the indoor swimming pool at Ripples, St Marys Aquatic Complex as the Alan Brown Memorial Pool, Ripples and that a sign reflecting the name of the pool is installed.

Background

Mr Alan Brown, a long-term stalwart of Ripples development in the Local Government Area, passed away early in 2019. Council has subsequently received correspondence from Penrith Aquatic and Leisure Ltd asking for consideration that Mr Brown be recognised through the naming of the indoor swimming pool at Ripples, St Marys Aquatic Complex as Alan Brown Memorial Pool.

 

Current Situation

 

The GNB have been consulted with and advised that, should Council resolve to, the venue can be given an ‘in house’ name of Alan Brown Memorial Pool. While this would not be recognised legally the name could be listed in fixture lists, correspondence, media communications and the like as Alan Brown Memorial Pool, Ripples. In addition, the GNB would not object to a sign being suitably placed naming the venue in recognition of Mr Brown.

 

Alan Brown was a volunteer member of the Board at Ripples since the company (Penrith Aquatic and Leisure Limited) commenced in April 1994 and he served as its chairman for the last 12 years.

 

Alan was always very giving of his time and he undertook the role of Ripples Chairperson

with a strong sense of serving his community. Apart from the monthly Board meetings, Alan

played an important role at many additional functions such as meetings of the executive of

the Board, meetings with Council executives, presentations to Council, the recruitment of

Ripples General Managers and many hours of mentoring and supporting them.

 

Alan also spent 41 years of his life as a passionate, involved leader of Fredon Industries, a

100% Australian owned provider of electrical, data, heating/ventilation/air-conditioning,

security, technology and asset services. His contribution was a major reason for Fredon’s

growth and success. He also joined the Board of McDonald College, Australia’s premier

education institution for the performing arts in 2012 and was College Chairperson. Prior to

joining the College Council, Alan and his wife Donna were the driving force behind Premier

State Ballet fundraising activities for some years.

 

As a natural leader of people, Alan rose to positions of prominence not only at Ripples,

Fredon and McDonald College but also in our community. His jovial and likeable character

endeared him to everyone. He was very proud of the achievements of Ripples over the

years and the important service it provides to the Penrith community.

 

Financial Implications

 

Any costs associated with the naming have been incorporated into Ripples 2019/2020 operating budget.

 

Risk Implications

 

There are no identified risks associated with the naming of the indoor pool at Ripples St Marys.

 

Conclusion

 

Given the contribution made by Mr Alan Brown to the local community and the development of Ripples in the Local Government Area of Penrith it is considered appropriate to name the indoor pool hall at Ripples, St Marys in his honour. It is proposed that the name is Alan Brown Memorial Pool, Ripples. The family, Penrith Aquatic and Leisure, and the Ripples Swimming Club and Learn to Swim program (the other users of the facilities) are supportive of this proposal.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of the Indoor Pool at Ripples St Marys be received

2.     Council endorse the name of the indoor swimming venue as Alan Brown Memorial Pool, Ripples St Marys.

 

3.     A plaque reflecting the name of the venue and Alan Brown’s contribution to the community be installed.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

6

RFT18/19-15 Minor Mechanical Service   

 

Compiled by:               Sid Wilson, Asset Coordinator - Buildings

Authorised by:            John Gordon, City Presentation Manager   

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain Council’s public buildings

      

 

Executive Summary

A tender for the provision of Minor Mechanical Services was advertised in the Sydney Morning Herald on Thursday June 6, 2019 and the Western Weekender on Tuesday June 4, 2019 and closed on June 26,2019

The purpose of this report is to advise Council of the outcomes of the tender process for the provision of the Minor Mechanical Services. Minor Mechanical Services include both scheduled and reactive maintenance on Air Conditioning Units located in Councils Halls, Child Care Centres, Neighbourhood Centres, Depots and Councils serviced Community Buildings.

The report recommends that Council accepts the tender from Kotopa Holdings Pty Ltd, as  the approved Contractor for the provision of Minor Mechanical Services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

Background

Minor Mechanical Services include both scheduled and reactive maintenance on Air Conditioning Units located in Councils Halls, Child Care Centres, Neighbourhood Centres, Depots and Councils serviced Community Buildings. The provision of efficient and well maintained air conditioning in these environments is critical to service delivery, particularly during periods of high temperature over the summer period.

The tender was prepared to establish a contractor with the capacity to deliver a scheduled service and undertake reactive maintenance on air conditioning units in accordance with define service levels.

Tender Panel

The Tender Evaluation Committee consisted of John Gordon (Chairperson - Manager; City Presentation), Joshua Martin (Building Services Asset Co-Ordinator) and Sid Wilson (Civic Centre & Scheduled Maintenance Co-Ordinator). Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

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

·    Demonstrated Ability

·    Response Times

·    Employment Policies

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health and Safety

Tenders Received

A total of Nineteen (19) tender responses were received by the closing date of the advertised tender and are listed below.

        Tenderer’s Name

          Company Location

Directors/Company Owners

ARA Mechanical Services Pty Ltd

 

Unit 7, 192 Kingsgrove Road Kingsgrove NSW 2208

 

Ed Federman and Phil Harding

 

BAM Electrical Contractors Pty Ltd

 

15 James Riley Drive Glenmore Park NSW 2745

 

Mitchell Facey, Benjamin Rockell

 

BMG Air Conditioning Pty Ltd

 

4/22 Steel Street Blacktown NSW 2148

 

Brett Goodchild, Matthew Goodchild

 

Burkeair Pty Ltd

 

Level 7, 3 Thomas Holt Drive, Macquarie Park NSW 2113

 

Nicholas Kelvin Thomas Yates, Nicholas John Benson, Timothy Harris, Mark William Lowe

 

Control My Building Pty Ltd

 

24 Medinah Avenue Luddenham NSW 2745

 

Nathan Christopher Verdon

 

Fredon Air Service Pty Ltd

 

123 Wetherill Street Silverwater NSW 2128

 

Stewart Martin, Alan Lipman, Richard Driego

 

Frost Air Conditioning Pty Ltd

 

Unit 3 , 4 Packard Avenue Castle Hill NSW 2154

 

Warren Belcher

 

J.E.C Air Conditioning Services Pty Ltd

 

2 Prince William Drive Seven Hills NSW 2147

 

John Caputo, Eileen Caputo

 

Katopa Holdings Pty Ltd

 

148 James Ruse Drive Rosehill NSW 2142

 

Robert Galvin, Alan Dixon, David Tunstall

 

Krisp Air Pty Ltd

6 Gumleaf Row Werrington Downs NSW 2747

Adam Rapley

Licensed to Chill Air Conditioning Australia Pty Ltd

 

Unit 27/7 Sefton Road Thornleigh NSW 2120

 

 

Mitchell Burge

 

Mountainfresh Air Pty Ltd

 

4 Thomas Telford Place Glenbrook NSW 2773

 

Anthony Iaria

 

 

New Edge Group Pty Ltd

 

5/24 Daniel Street Wetherill Park NSW 2164

 

John Cardinale, Christopher Romeo

 

Nu-Tech Air Conditioning Pty Ltd

 

Unit 18/19 Aero Road Ingleburn NSW 2565

 

Gregory Lomax

 

Quantum FM Pty Ltd

 

1/30 Glendenning Road Glendenning NSW 2761

 

Richard Matthews

 

 

Surelinc Services Pty Ltd

 

Unit 1.09 100 Collins Street Alexandria NSW 2015

 

Villi Royd Ituau-Puletua

 

Tempest Solutions Air and Mechanical Pty Ltd

 

25/14-16 Stanton Road Seven Hills NSW 2147

 

Anthony Loscialpo

 

 

The Trustee for Acland Family Trust

 

PO Box 58 Plumpton NSW 2761

 

Scott Acland

 

 

Ultimate 1 Air Conditioning Pty Ltd

 

1/69 Topham Road Smeaton Grange NSW 2567

 

Michael Kruger

 

 

Tender Evaluation

A total of 19 tender responses were received. As part of the tender process Council issued an addendum in relation to the resubmitting of Price Schedules. Eight (8) of companies did not respond to this addendum and were not considered for further evaluation. These companies were:

·    Quantum FM Pty Ltd

·    Nu-Tech Air Conditioning Pty Ltd

·    New Edge Group Pty Ltd

·    Mountainfresh Air Pty Ltd

·    J.E.C. Air Conditioning Services Pty Ltd

·    Frost Air Conditioning Services Pty Ltd

·    Control My Building Pty Ltd

·    BMG Air Conditioning Pty Ltd

The remaining 11 tenders received were assessed against the nominated selection criteria. The following Companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the nominated selection criteria. These companies were not considered for further evaluation. These companies were:

·    BAM Electrical Contractors Pty Ltd

·    Licensed to Chill Air Conditioning Australia Pty Limited

·    Surelinc Services Pty Ltd

·    The Trustee for Acland Family Trust

The following seven (7) companies met the requirements of the evaluation criteria and were further assessed based on their price schedules:

·    Kotopa Holdings Pty Ltd

·    Burkeair Pty Ltd

·    ARA Mechanical Services Pty Ltd

·    Ultimate 1 Air Conditioning Pty Ltd

·    Krisp Air Pty Ltd

·    Tempest Solutions Air and Mechanical Pty Ltd

·    Fredon Air Services Pty Limited

For these 7 companies, the price schedules submitted for scheduled and reactive maintenance were assessed by applying the submitted rates to the actual work undertaken during the 2018/19 financial year for the provision of the specified service. The table below lists the scheduled maintenance costs provided by the tenderer’s based on previous similar  works undertaken.

Company Name

Annual Estimated Price

Potential Price over Contract Period (5yrs)

Katopa Holdings Pty Ltd

$38,394.10

$191,970.50

Burkeair Pty Ltd

$103,153.50

$515,767.50

ARA Mechanical Services Pty Ltd

$61,077.16

$305,385.80

Ultimate 1 Air Conditioning Pty Ltd

$57,165

$285,825

Krisp Air Pty Ltd

$57,850

$289,250

Tempest Solutions Air and Mechanical Pty Ltd

$136,934.04

$684,670.20

Fredon Air Services Pty Ltd

$57,679.93

$288,399.65

 

 

Evaluation of Preferred Tender:

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

Katopa Holdings Pty Ltd was considered by the Tender Evaluation Panel as the Company to undertake all scheduled maintenance tasks and to be first preference for reactive maintenance work.  They were selected based on their:

·    Demonstrated ability

·    Fast response times

·    Work Health and Safety and Environmental Management Systems

·    Competitive price for hourly rates and scheduled maintenance tasks

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

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

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis and performance analysis for the preferred tenders.  These checks were completed by Corporate Scorecard Pty Ltd and have been review by Financial Services. Based on this review, no concerns were raised as to the ability of Katopa Holdings Pty Ltd to perform the works described.

 

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

 

Tender Advisory Group (TAG) Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen – Director City Services, Glenn McCarthy - Governance Manager and Lana Axford – Supply Coordinator, met to consider the report and recommendations in relation to the tender for the provision of Minor Mechanical Services.

 

The TAG considered the recommendations in relation to the tender, noting that the recommended tenderer is providing the best value for money. The company has demonstrated its ability to meet Council’s requirements and their proposal was 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.

 

Risk Implications

Air conditioning, particularly in summer, represents a critical service across a range of Council facilities. Facilities such as childcare centres require operational and efficient air conditioning to meet their regulatory requirements. Failure to provide a comprehensive scheduled and reactive maintenance service exposes Council to both economic and reputational risk and as such require the contract to be managed effectively and in accordance with Council’s procurement guidelines.

Conclusion

Based on an assessment of both effectiveness and price, the Tender Evaluation Panel is of the opinion that Katopa Holdings Pty Ltd has provided a competitive schedule of rates and demonstrated its capability in accordance with the tender requirements and is recommended as the preferred contractor to undertake the required services as specified.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT18/19-15 Minor Mechanical Service be received

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

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

7

RFT19/20-01 Security Services                                                                                                                                       

 

Compiled by:               Hans Meijer, City Assets Manager

Laurie Cafarella, Security and Emergency Management Co-ordinator

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Provide security for Council property and public areas

      

 

Executive Summary

A tender, reference RFT19/20-01, for the provision of Security Trade Work relating to alarm, CCTV and access control system installation, maintenance, and upgrade work within the Penrith Local Government Area, for an initial period of three (3) years with an option to extend for a further two (2) x one (1) year periods, was advertised in Western Weekender and the e-tender website from 5 September 2019, the Sydney Morning Herald from 10 September 2019, and closed on 1 October 2019.

 

This report advises Council of the outcome of the tender process to establish a preferred contractor and that the tender from Piekar Comm Services Pty Ltd  be accepted for the provision of Security Trade Work relating to alarm, CCTV and access control system installation, maintenance, and upgrade work within the Penrith Local Government Area for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods as per the recommendations contained at the end of the report.

Background

The purpose of this Tender was to establish a contractor to perform all of the Security Trade Work relating to alarm, CCTV and access control system installation, maintenance, and upgrade work within the Penrith Local Government Area on an ‘as required’ basis throughout the term of the agreement. The current contract arrangement for this service expired in March 2016 and was extended by letter until the finalisation of this tender.


Tenders were advertised
on the e-tendering website and in the Sydney Morning Herald and the Western Weekender from 5 September 2019  and closed on 1 October 2019 for the provision of Security Trade Work relating to alarm, CCTV and access control system installation, maintenance, and upgrade work within the Penrith Local Government Area


Tenderers were required to submit their tender by using the APET 360 online Portal which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for Repair, Supply & Installation of various types security related equipment

Tender Evaluation Process

The Tender Evaluation Panel consisted of Hans Meijer (City Assets Manager), Laurie Cafarella, Alison Pearson (Security Operations Officer), and Scott Myles (independent subject matter expert).

 

The Tender evaluation process was facilitated by Laura Stott (Supply Officer - Contracts).

 

Evaluation process

The process for the evaluation of tenders was as follows:

 

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

2.   Assessment of costs based on the unit rates tendered, and  response times for service.

3.   Further evaluation of the short-listed companies through

a.   Independent Financial Risk Analysis

b.   Independent Referee Checks

 

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

 

·    Business References

·    Demonstrated Ability

·    Required certifications

·    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 total of 18 submissions were received from the following respondents (listed in alphabetical order) in response to the advertised tender:

 

Tenderer’s Name

Names of Business Directors, Managers and/or Owners

Location of Business

Azzopardi Family Trust

Timothy Said, Operations Manager

Glendenning

BT Security Systems Pty Ltd

Neal Brown, Director

Cambridge Gardens

Fredon Security Pty Ltd

Dean Hobin, Business Development Manager

Silverwater

G.D. Moss Pty Ltd

Greg Chong, Business Development Manager

Smeaton Grange

H3C Plus Pty Ltd

Nicholas Churchill

Condell Park

Link Enterprise Solutions Pty Ltd

Luke Morgan, Managing Director

Head Office Mermaid Waters, QLD.

Local Office Neutral Bay

Micron Group

Tobias Gustafsson, relationship and Project Manager

Sydney

MTSS Group Pty Ltd

Mouhyiddin Sari, Managing Director

Padstow

National Technical Services Pty Ltd

Shane Conlon, Managing Director

St Marys

Nycon Services Trading Trust Pty Ltd

Emanuel Gemelas, Service Department Manager

Matraville

Piekar Comm Services Pty Ltd

Edward Piekar, Manager

Cranebrook

Ryalex Holdings Pty Ltd

Robert Delauney, Sales Manager

Kirrawee

Sapio Pty Ltd

Joseph Antonios, Account Executive

West Ryde

Securacore Pty Ltd

Donna Foster, National Administration and Projects Manager

Girraween

Secureme Group Pty Ltd

George McDermott, Business Development Manager

Peachtree

Security & Technology Services (NT) Pty Ltd

Gary Danaci

Business Development Manager

Winnellie (NT)

Selec Developments Pty Ltd

Joseph Sanfilippo, Managing Director (Owner)

Blacktown

Wilson Security Pty Ltd

Vlad Babic, National Operations Manager - Technology

Georges Terrace, Perth, Head Office. Bella Vista, Local Office

Evaluation of the Preferred Tender

Thirteen companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, capacity,  quality assurance and environmental systems and were subsequently not assessed any further in relation to their submission:

 

The following 5 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price, response times, and capacity to provide the services specified in the tender documents:

 

·    Piekar Comm Services Pty Ltd

·    Fredon Security Pty Ltd

·    Microngroup Pty Ltd

·    National Technical Services Pty Ltd

·    H3C Plus Pty Ltd

The shortlisted companies were further evaluated against the weighted evaluation criteria and price schedules to determine the most advantageous. The price schedules from Micron Group Pty Ltd, National Technical Services Pty Ltd, and H3C Plus Pty Ltd included minimum setup charges and costs for all works resulting in a significant increase in cost to Council and were not considered further.

The remaining tenderers Fredon Pty Ltd, and Piekar Comm Services were further assessed by estimating equipment installation costs relating to services that will be required as the schedule of rates and equipment costs provided by Piekar Comm Services was significantly lower than those provided by Fredon Pty Ltd who only provided minimum hourly rates for 1 hour and ½ hour  increments. It should also be noted that the tender from Fredon Pty Ltd included establishment costs of over $36,800 to set up and re-code the security, CCTV and access control systems. There are no establishment costs in Piekar Comm Services tender as the company is Council’s current contractor.

Given that most of the security services required by Council are call outs and site visits, security system installations, or are maintenance related with a high hourly rate component, the scenarios used in further evaluation of the tenders included both call outs, and future system upgrades that are planned within the next twelve months. The number of call-outs was based on work carried out over the past twelve months for the Security and Emergency Management team and included call-outs during normal business hours and emergency after hours.

The estimated costs for call-outs in Table 1.1 below are based on an average time on site of 1.25 hours and on the hourly rates quoted by each tenderer.

 

Tenderer

After hours Emergency Call-outs (40)

Business Hour Call-outs (280)

Fredon Pty Ltd

$26,400 (Service fee and min 4 hours)

$48,160 (scheduled rate)

Piekar Comm Services Pty Ltd

$9,550 (service fee +scheduled rate)

$31,500 (scheduled rate)

                   Table 1.1 Call-out cost comparison

                  

Future system upgrades involve installation of a new CCTV system with capacity for 32 CCTV cameras and associated video monitoring system and workstation. Installation and setup costs were not included in this due to the lower hourly rates provided by Piekar Comm Services

The cost to provide a Genetec 32 camera CCTV server, Workstation and monitor, UPS system and appropriate licences would be $46,049 if supplied by Fredon Pty Ltd and $23,143 if supplied by Piekar Comm Services Pty Ltd.

The costs for both call-outs and system upgrades were calculated from the prices tendered for the specified equipment and showed a clear cost saving should the tender from Piekar Comm Services Pty Ltd be accepted.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Piekar Comm Services.  These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  and have been reviewed by Financial Services.

 

The report concludes that Piekar Comm Services has satisfactory financial capacity to undertake the contract, and recommends that, as the proposed contract is multi-year, consideration should be given to undertaking annual financial reviews if the contract is to be awarded to Piekar Comm Services Pty Ltd.

 

If this is adopted, then a reporting covenant should be stipulated as part of the contract that includes a requirement to provide financial and other information to support ongoing financial reviews (at the request of the Council).

Risk Implications

Apart from the above consideration and normal business practice, there is no requirement for any additional risk mitigation action(s) to be implemented.

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, Glenn McCarthy - Governance Manager and Lana Axford – Supply Coordinator, met to consider the report and recommendations in relation to the tender for the provision of Security Trade Work relating to alarm, CCTV and access control system installation, maintenance, and upgrade work within the Penrith Local Government Area.

 

The TAG considered the recommendations in relation to the tender, noting that the recommended tenderer is providing the best value for money both in terms of set up costs and scheduled rates for call-outs. The company has demonstrated its ability to meet Council’s requirements and their proposal was 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

Based on a detailed evaluation of the tenders, establishment costs, effectiveness, performance, previous experience, and price evaluation, the Tender Evaluation Panel are of the opinion that Piekar Comm Services Pty Ltd has provided a competitive rate and through past experience demonstrated its capability to provide the best overall value for money to provide the security trade service in accordance with the tender requirements and is therefore recommended as the contractor for all the above services.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-01 Security Services                                                                                                                                     be received.

2.     A new 3-year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to Piekar Comm Services for the specified services in accordance with the terms and conditions of the Tender with a requirement to provide financial and other information to support ongoing financial reviews at the request of the Council.

 

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 5 - We care about our environment

 

Item                                                                                                                                                Page

 

8        RFT19/20-09 Uneven Terrain Mowing and Clearing                                                       49

 

9        RFT19/20-16 Asbestos Removal and Treatment Services                                             54

 

10      Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland                                                                                           62

 

11      60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020                                                                                                                          64

 

 

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

8

RFT19/20-09 Uneven Terrain Mowing and Clearing   

 

Compiled by:               Gowry Gowrythasan, Acting City Presentation Manager - Civil Operations

Authorised by:            John Gordon, City Presentation Manager   

 

Outcome

We care for our environment

Strategy

Protect and improve the environment of our City

Service Activity

Maintain Council’s natural areas

      

 

Executive Summary

A tender for the provision Uneven Terrain Mowing and Clearing services was advertised in the Sydney Morning Herald on 8 October 2019 and Western Weekender on 10 October 2019. The tender closed on 30 October 2019.

 

The report advises Council of the outcome of the tender process and recommends that the tender from Envirocivil NSW Pty Ltd be accepted as the preferred contractor and that Heaton Contracting Pty Ltd be accepted as a secondary contractor in accordance with the schedule of rates outlined in the RFT 19/20-09 Uneven Terrain Mowing and Clearing.

 

The tender requested hourly and daily rates for the hire of specialised plant, with an operator, to undertake uneven terrain mowing and clearing work in accordance with the listed program. Typically these works are undertaken within drainage channels or on roadside where access is limited.

 

The Contract will be for an initial period of three (3) years with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance.

Background

The purpose of this Tender was to establish primary and secondary contractors to perform all the following services specified in accordance with the maintenance program provided, throughout the term of the agreement. The Contractors will be capable of providing the following services:

·    Mowing open drains and steep embankments and clearing debris and sediment within waterways

·    Undertake removal and/or mulching of selected vegetation within the confines of a drainage easement

·    Non-tracked walking excavator to be used to minimise the footprint on ecosystem in wet and boggy conditions

The maintenance program identified 120,000 square metres of open drains and steep embankments that require the use of non-tracked walking excavators and long reach excavators to provide a range of maintenance services without affecting the ecosystem.

Tenderers were required to complete a price schedule setting out the hourly and daily rates, including float charges for the above services.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Lynden Tippett (Works Coordinator-Contracts), Matthew Nicholson (Operations Coordinator-Civil Works), and was chaired by Gowry Gowrythasan (Acting City Presentation Manager-Civil Operations, Workshop and Fleet Opeartions). Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

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

·    Business References

·    Demonstrated Ability

·    Financials

·    Environmental Management

·    Quality Assurance Systems

·    Work Health & Safety


Tenders Received

A total of thirteen (13) tenders were received by the closing date of the advertised tender and are listed below in alphabetical order.

Tenderer’s Name

Location of the Business

Owners/Directors/Secretary

Asplundh Tree Expert (Australia) Pty Ltd

Unit 1, 197 Power St,
Glendenning NSW 2761

Scott Martin Asplundh
Matthew Bryan Asplundh
Brian Bauer
Gregory Fitzgerald

Digga Hole Excavations Pty Ltd

598 Slopes Rd
The Slopes NSW 2754

Timothy Faithfull

DNT Earthworks & Transport Pty Ltd

12 Orara Court
Wattle Grove NSW 2173

Daniel Tamiazzo

Envirocivil NSW Pty Ltd

50 Tattersall Rd
Kings Park NSW 2148

Peter Day

Farm City Pty Ltd

7 Alban St
Lidcombe NSW 2141

Luke Windsor

Forest Tree Service

Level 1, Suite 15
14 Narabang Way
Belrose NSW 2085

Kerry More

Heaton Contracting Pty Ltd

2815c Bells Line of Road
Bilpin NSW 2758

Phillip Heaton
Helen Heaton

KM One Pty Ltd

34 Daisy St
Revesby NSW 2212

Mohamad Kabbout

Leroy Excavations Pty Ltd

1100 Menangle Rd
Douglas Park NSW 2569

Lance Godfrey

ODK Construction Pty Ltd

2/320 Parramatta Rd
Burwood NSW 2134

Declan Keady
Michael O Donnell

Pan Civil Pty Ltd

14 Foundry Rd
Seven Hills NSW 2147

Gerard Glasby
Phillip Glasby

Prime Group Australia Pty Ltd

56/23 Narabang Way
Belrose NSW 2085

Shane John Halliday

Workforce Road Services Pty Ltd

Level 1, 601 Botany Rd
Rosebery NSW 2018

Raymond Roberts


The following seven (7) tenderers did not fully demonstrate that they would be able to mow in a steep embankment, clear debris & sediment within waterways and use non-tracked walking excavators to minimise the footprint on ecosystems, within the confines of the drainage easement and were not considered further in the evaluation:

·    Asplundh Tree Expert (Australia) Pty Ltd

·    DNT Earthworks & Transport Pty Ltd

·    Farm City Pty Ltd

·    KM One Pty Ltd

·    ODK Construction Pty Ltd

·    Prime Group Australia Pty Ltd

·    Workforce Road Services Pty Ltd

All the remaining six (6) tenderers were assessed against the non-price evaluation criteria. The following four (4) tenderers scored highly in effectiveness in the areas of demonstrated ability, environment management, and work health & safety. They are listed below in alphabetical order.

·    Digga Hole Excavations Pty Ltd

·    Envirocivil NSW Pt Ltd

·    Heaton Contracting Pty Ltd

·    Pan Civil Pty Ltd

 

Price Evaluation

The Uneven Terrain Mowing & Clearing program was provided as part of the tender for the tenderers to understand the site conditions, frequency of the maintenance and requirement to minimise the footprint on ecosystems in wet and boggy conditions. These works are typically undertaken within the confines of the drainage easement.

Hourly and daily rates, including float charges, of the machine were requested to undertake the above task.

To enable a full comparison of the unit rates submitted, a total annualised cost for each tenderer has been calculated, based on the estimated annualised quantity in accordance with the program specified in the tender. The table below shows the annualised cost for each tender from lowest to highest.

 

 

Tenderer”s Name

Estimated Annualised Cost

Envirocivil NSW Pty Ltd

$132,100.00

Heaton Contracting Pty Ltd

$176,000.00

Pan Civil Pty Ltd

$213,000.00

Digga Hole Excavations Pty Ltd

$264,750.00


Following the price evaluation, Envirocivil NSW Pty Ltd’s offer represents the best value for Council for the Uneven Terrain Mowing and Clearing maintenance program. Heaton Contracting Pty Ltd would be a suitable back up provider of this service, where the primary tenderer is not available.


It was then recommended by the Tender Evaluation Panel to undertake independent financial and referee checks on both Envirocivil NSW Pty Ltd and Heaton Contracting Pty Ltd to demonstrate their financial and expected capacity.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis and performance analysis on Envirocivil Pty Ltd and Heaton Contracting Pty Ltd. These checks are to be completed by Equifax Australasia Credit Ratings Pty Ltd. At the time of publication, Financial Services have not received the report to review and assess. Subject to the return of an acceptable financial check, the report recommends acceptance of the tenders by Envirocivil Pty Ltd and Heaton Contracting Pty Ltd noting that the budget allocation is within existing drainage maintenance budgets.

 

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, Glenn McCarthy - Governance Manager and Lana Axford – Supply Coordinator, met to consider the report and recommendations in relation to the tender for the hire of specialised plant, with an operator, to undertake uneven terrain mowing and clearing work within the Penrith Local Government Area.

 

The TAG considered the recommendations in relation to the tender, noting that the recommended tenderers are offering the best value for money. These companies have demonstrated their ability to meet Council’s requirements for mowing and clearing operations using specialised equipment and skilled operators in environmentally sensitive areas. The proposals appear 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.

Risk Implications

Mowing and clearing operations, within the confines of a drainage easement and steep embankments, have potential risk implications for the environment and operator safety.

The use of specialised plant, recommended in the tender, will have a minimum footprint on the ecosystem within the confines of the drainage easement, and address any potential risk to the environment.

A site risk assessment, on every site, is to be undertaken and a Safe Work Method Statement (SWMS) is to be prepared to address all risk implications, prior to commencement of the program. These documents will be prepared by the contractor and reviewed by Civil Operations staff.

Conclusion

Based on an assessment of both effectiveness and price, the Tender Evaluation Panel is of the opinion that Envirocivil NSW Pty Ltd has provided a competitive schedule of rates and demonstrated its capability in accordance with the tender requirements and is therefore recommended as the preferred contractor to undertake the required services as specified in the tender.


Heaton Contracting Pty Ltd has also demonstrated that they have the capacity to deliver the service. Therefore, it is recommended that Heaton Contracting Pty Ltd be selected as the secondary contractor, in the event that the preferred contractor is unavailable or does not have the capacity to perform the work.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-09 Uneven Terrain Mowing and Clearing be received

2.     Envirocivil Pty Ltd be appointed as the preferred contractor for the hire of specialised plant with an operator to undertake uneven terrain mowing and clearing work for a period of three (3) years with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance.

3.     Heaton Contracting Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unavailable or does not have the capacity to provide the service.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

9

RFT19/20-16 Asbestos Removal and Treatment Services   

 

Compiled by:               Adrian Estreich, Divisional Assurance Coordinator

Authorised by:            John Gordon, City Presentation Manager   

 

Outcome

We care for our environment

Strategy

Protect and improve the environment of our City

Service Activity

Undertake activities associated with the management of asbestos and other waste, environmental management, chemical management and WHS practices within the Depot

      

 

Executive Summary

A tender for asbestos removal and treatment services was advertised on Thursday 26 September 2019 in the Western Weekender and in the Sydney Morning Herald and closed on Tuesday 22 October 2019 at 11am.

This report advises Council of the outcome of the tender process, and recommends that a panel of licensed asbestos removal and treatment contractors be established including Beasy Pty Ltd, Absolute Environmental Services Pty Ltd and RMA Contracting Pty Ltd.

Background

Penrith City Council has a responsibility to manage asbestos on Council owned assets (inclusive of land and buildings). This responsibility extends to the following:

 

·    Responding to asbestos related incidents

·    Remediating asbestos contaminated sites

 

To ensure Council complies with its legislative requirements and the above situations are managed in a manner which protects the health and safety of our community and workers, Council is obligated to engage suitably licensed asbestos removal contractors to remove asbestos or apply asbestos management treatments.

 

Council relies on the services of licensed asbestos removal contractors to keep workers and the community safe. As such, the quality of their work and methodologies they employ are critical to outcomes achieved when managing asbestos. In addition, it is a legal requirement that the engaged contractors have the relevant licenses from SafeWork NSW. In turn, it is important that they have experience in the types of asbestos matters experienced by Council.

 

This tender was prepared to establish a panel of licensed asbestos removal and treatment contractors that can provide the abovementioned services.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Adrian Estreich – Divisional Assurance Coordinator, Jonathan Page - Asbestos Project Officer and was chaired by John Gordon –City Presentation Manager.  Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

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

1.   Demonstrated Ability

2.   Financial

3.   Employment Policies

4.   Quality Assurance Systems

5.   Environmental Management

6.   Work Health & Safety

 

Summary of Tenders Received

A total of seventeen (17) tenders were received by the closing date of the advertised tender.

A tender was received from EnviroPacific after the closing date and they have been advised that as per Council’s tender requirements that their tender was unable to be assessed.

The 17 tenderers were:

 

Company

Company Location

Director/Company Owner

Absolute Environmental Services Pty Ltd

52/49-51 Mitchell Road
Brookvale NSW 2100

Andriy Konarev

Asbestos Fire Door Removal Pty Ltd

8 / 26 Powers Road
Seven Hills NSW 2147

Allison Zacher

Aztech Services Australian Pty Ltd

24 Parramatta Road,
Underwood QLD 4119

John Joseph Richards

Philip Benjamin Richards

Jennifer Mary Parsons

Kaitlin Ann Tierney

David Ian Whitlock

Beasy Pty Ltd

16 Orchardleigh Street Yennora NSW 2161

Bret Baker

First Choice Asbestos Removal Pty Ltd

PO Box 6583
Silverwater NSW 1811

Patrick Gibson

Hunter West Pty Ltd

42 Gray Crescent
Yagoona NSW 2199

Mohamad Alameddine

Integrated Environmental Pty Ltd

94 Cropley Drive
Baulkham Hills NSW 2226

Paul Paciullo

KM One Pty Ltd

34 Daisy Street
Revesby NSW 2212

Mohamed Kabbout

 

Labour Trader Pty Ltd

7/14C Mars Street
Revesby NSW 2212

Kamal Assaf

Bahjat Assaf

Moit Group Pty Ltd

142 Wicks Road
Macquarie Park NSW 2113

Michael Moit

George Moit

Tony Moit

Joe Vinci

Matt Garnon

Newcastle Asbestos Consulting Pty Ltd

17 Groves Rd
Bennetts Green NSW 2290

Murray Lynch

Ewen Skipworth

Perfect Contracting Pty Ltd

PO Box 3230
Marrickville NSW 2204

Mateusz Jedruszek

RMA Contracting Pty Ltd

12/6-20 Braidwood Street
Strathfield South NSW 2136

Ross Mitchell

George Jabbour

Andrew Mayes

SLH Industries Pty Ltd

7/9 Packard Avenue
Castle Hill NSW 2154

Sengly Heng

Terra Civil Pty Ltd

100 Mark Road
Rossmore NSW 2557

Emilio Spinozzi

Adamo Spinozzi

The Trustee for Eilbeck Family Trust

443 Luddenham Road
Luddenham NSW 2745

Jason Kennett

Amanda Eilbeck

Ventia Utility Services Pty Ltd

Level 4, Tower 1, 495 Victoria Avenue
Chatswood NSW 2067

Alexander Simon Cockerton

Michael Keith Metcalfe

Gordon Kenneth Taylor

Zoheb Mehmood Razvi

Jonathan Dockney 

 

 

 

 

 

 

 

Tender Review Process

Each tender was reviewed using a systematic approach which included:

Review of Demonstratable Ability.

All tenderers were assessed against the following demonstratable ability criteria:  

Demonstrated that the tenderer holds the required SafeWork NSW licenses

NSW Legislation has strict licensing requirements relating to asbestos that must be complied with.

Demonstrated examples of work undertaken

Asbestos related work can vary between industries. As such, the panel reviewed and assessed the tenderer’s experience in dealing with similar asbestos related matters faced by Penrith City Council.

 

The tender required 3 examples to be provide for each of the following categories:

·    Legacy and illegally dumped asbestos

·    Asbestos in buildings

·    Friable Asbestos

·    Remediation

Demonstrated ability to respond to matters 24 hours a day

Asbestos matters generally require urgent responses and as such, the tenderers were required to outline that they could provide a 24 hours, 7 days a week service. In turn, they were required to demonstrate that they had sufficient licensed asbestos supervisors and labourers to undertake the work required by Council.

Asbestos Removal Control Plans

Asbestos Removal Control Plans (ARCP) are a legal requirement when undertaking licensed asbestos removal works.

 

The ARCP provides for the following:

 

·    Notification and communication requirements

·    Asbestos identification

·    Job preparation

·    Safe removal controls

·    Decontamination

·    Waste disposal

·    Asbestos consulting requirements

As such the quality of a tender’s ARCP is critical to the outcomes achieved when managing asbestos.

How long the company had been performing the required service

This criteria was assessed to provide the panel confidence that the company had long term experience in managing these types of matters.

Use of sub-contractors

The use of sub-contractors was also considered. The use of sub-contractors can be managed; however, it is likely to involve greater project management from Council during each incident and as such, it was viewed more favourably if tenderers did not rely on sub-contractors to deliver the required service.

Demonstrated ability to act as Principle Contractor under the WHS Legislation

On occasion, asbestos remediation projects can trigger the Principle Contractor provisions under the Work Health and Safety Legislation.

 

To ensure that these projects are managed appropriately and that workers and the community are not put at risk, it is important to consider the ability of the company to act as a Principle Contractor in those situations.

 

Each company was scored against each of the nominated criteria based on the panels review of their submission. After this process was completed, the top 8 tenderers (based on an overall evaluation score) were taken through to the second-round review. The only local tenderer was unsuccessful in proceeding

 

The top 8 tenderers included (in order based on evaluation score):

 

·    RMA contracting Pty Ltd

·    Beasy Pty Ltd

·    Absolute Environmental Services Pty Ltd

·    Ventia Utilities Services Pty Ltd

·    Perfect Contracting Pty Ltd

·    Aztech Services Australia Pty Ltd

·    Newcastle Asbestos Consulting Pty Ltd

·    Terra Civil Pty Ltd

 

Tenderer’s who did not progress through to the second-round review were culled due to poor responses to tender requirements, lack of examples provided of similar work, an inability to provide a 24-hour 7 day a week service, number of licensed staff available to respond to asbestos matters and standard of asbestos removal control plans.


Second Round Review

The top 8 tenders were then reviewed against the Work Health and Safety requirements and their pricing schedules.

In relation the pricing schedule, the services covered in this tender are covered by hourly rates and as such, it was important to ensure adequate consideration was given to how long the service would take to perform, cost of ancillary items (such as machinery) and how many people would be involved in the service.

To assist with this review, four pricing scenarios were provided to each tenderer. This allowed a standardised approach to evaluate the prices provided by each of the companies. The table below outlines the scenarios and the pricing provided by each tenderer.

 

 

Scenario 1

Scenario 2

Scenario 3

Scenario 4

Total

Absolute Environmental Services Pty Ltd

$11,390.00

$2,190.00

$2,540.00

$950.00

$17,070.00

Beasy Pty Ltd

$14,003.00

$861.00

$2,702.00

$2,176.00

$19,742.00

Ventia Utility Services Pty Ltd

$11,896.00

$2,227.00

$4,621.00

$1,690.00

$20,434.00

RMA Contracting Pty Ltd

$14,619.00

$1,849.00

$2,564.00

$2,741.00

$21,773.00

TerraCivil Pty Ltd

$14,585.00

$2,432.00

$5,481.00

$2,861.00

$25,359.00

Newcastle Asbestos Consulting Pty Ltd

$17,275.00

$4,140.00

$4,288.00

$2,347.50

$28,050.50

Aztech Services Australia Pty Ltd

$21,840.00

$6,993.38

$1,774.14

$3,227.65

$33,835.17

Perfect Contracting Pty Ltd

$37,530.00

$7,380.00

$10,748.00

$9,880.00

$65,538.00

 

At the completion of the two review rounds, consideration was given to each tenderer’s overall evaluation score, demonstrated abilities, work health and safety documentation and their pricing schedule.

The following companies were not included in the preferred tender panel-based pricing and being ranked below the preferred tenderers in terms of the overall tender evaluation score:

 

·    Newcastle Asbestos Consulting Pty Ltd

·    Perfect Contracting Pty Ltd

·    TerraCivil Pty Ltd

·    Aztech Services Australia Pty Ltd

·    Ventia Utilities Services Pty Ltd



Evaluation of the Preferred Tenderers

Based on the evaluation process outlined above, it is recommended that a panel be established to provide the services outline in the tender. The panel will be established as follows:

 

Emergency Works (ranking applies)

 

1.   Beasy Pty Ltd

2.   Absolute Environmental Services Pty Ltd

3.   RMA Contracting Pty Ltd

 

 

Quoted Works

 

For quoted works up to $250,000, all companies on the panel will be provided an opportunity to quote, with a decision being made on each quote based on price, timeframes and methodology. For projects above $250,000, Council’s Procurement Policy will be followed.

 

Suitable operational procedures will be established to monitoring contract performance and to ensure each company is provided equal opportunities across the scope of the service.

Tender Advisory Group Comment

 

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen - Director City Services, Glenn McCarthy - Governance 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 the provision of Asbestos Removal and Treatment Services. It was noted that the recommended proposal to establish a panel resulted in the listing of three companies who had demonstrated their ability to meet Council’s requirements and their proposal was considered 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.

 

Financial Implications

 

In the assessment of the tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Beasy Pty Ltd, Absolute Environmental Services Pty Ltd and RMA Contracting Pty Ltd. These checks are currently in progress with Equifax Australasia Credit Ratings Pty Ltd.

 

Financial Services have reviewed the financial information provided by the tenderers and have not identified any reason why the contracts should not be awarded. The report recommends acceptance of the tenders by Beasy Pty Ltd, Absolute Environmental Services Pty Ltd and RMA Contracting Pty Ltd, subject to completion of financial checks. The services provided for in this tender will be funded from asset operational budgets and projects as required.


Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for council, overseen by the Tender Advisory Group.  The service will be undertaken in accordance with Work Health & Safety systems.

 

The services outlined in this tender have been the subject to a risk assessment and will assist in addressing the asbestos related risks on Council’s Risk Register.

Conclusion

Three companies were short listed based on a range of criteria. It is recommended that the following companies be placed on a panel to provide the services outline in the tender:

 

1.   Beasy Pty Ltd

2.   Absolute Environmental Services Pty Ltd

3.   RMA Contracting Pty Ltd

 

The panel will be established as follows:

 

Emergency Works (ranking applies)

 

1.   Beasy Pty Ltd

2.   Absolute Environmental Services Pty Ltd

3.   RMA Contracting Pty Ltd

 

Quoted Works

 

For quoted works, all companies on the panel will be provided an opportunity to quote, with a decision being made on each quote based on price, timeframes and methodology.


 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-16 Asbestos Removal and Treatment Services be received.

2.     A panel of experts for asbestos consulting services be established that includes Beasy Pty Ltd, Absolute Environmental Services Pty Ltd and RMA Contracting Pty Ltd.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

10

Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland   

 

Compiled by:               Justine Vella, Bushland Management Coordinator

Authorised by:            John Gordon, City Presentation Manager   

 

Outcome

We care for our environment

Strategy

Protect and improve the environment of our City

Service Activity

Maintain Council’s natural areas

      

 

Executive Summary

This report provides information on the outcome of a grant application for funding of $84,552 that was submitted by the Council Bushcare Management Officer, to the NSW Department of Planning, Industry and Environment’s Restoration and Rehabilitation Grants Program on 3 December 2018 for community education events to be held across the LGA over the next 3 years.

The application was successful and funded works are scheduled to commence in March 2020.

The report recommends that Council accept the funding of $84,552 from the NSW Department of Planning, Industry and the Environment.

Background

This project focuses on the indicative flora species of the Cumberland Plain Woodland. Working with community groups and volunteers, the project focuses on increasing and diversifying the knowledge of the local community on threatened species populations that occur over 8 bushland sites within the LGA. The project will deliver over 80 educational work days across 8 sites including interpretive walks and bush regeneration works over a 3 year period. These will be targeted at protecting the threatened species populations within the Critically Endangered Ecological Community of the Cumberland Plain Woodland.

Aligning with Council’s bushland management program, this project will enhance the preservation of our natural bushland areas as well as providing opportunities for resident participation and increasing education and awareness.

Grant Program

The Environmental Restoration and Rehabilitation grants program seeks to assist  community and government organisations to contribute to the ongoing sustainable management and stewardship of significant environmental assets and services in NSW. The program is implemented in accordance with a formal program logic that articulates the objectives and expected outcomes of the program. Outcomes of the program will be delivered through achievement of the following program objectives:

·    Improve and protect the quality of ecosystems and environmental assets managed by community groups, land managers and stakeholders.

 

·    Enhance the management of environmental assets by facilitating the development of environmental expertise and stronger partnerships between individuals, community groups, governments and industry.

·    Provide an appropriate, effective and sustainable mechanism to deliver Government policy, priorities and outcomes.

 

Financial Implications

As there is no requirement for council to provide matching funding there are no financial implications for Council associated with this report.

Risk Implications

Should participation numbers in the education program be low, it is unlikely that Council would be able to secure funding for similar programs in future grant rounds.

Conclusion

Council’s Bushcare Management Officer (City Presentation Department) was successful in applying for grant funds to preserve Cumberland Plain Threatened Species in Penrith LGA through education and weed management. This project has 2 project partners including National Parks and Wildlife Services and Conservation Volunteers Australia and will host over 80 community events over the next 3 years across all 3 stakeholders bushland reserves within the Penrith LGA.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland be received

2.     Council accept the offer of grant funding of $84,552 from the  NSW Department of Planning, Industry and Environment for Community education events across the LGA.

3.     Council write to relevant State Members thanking them for their funding support towards delivering community engagement initiatives toward bushland management.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

11

60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020   

 

Compiled by:               Kristy Johnson, Engineering Services Secretary

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

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

Service Activity

Provide advice on floodplain and stormwater management

      

 

Executive Summary

The purpose of this report is to advise Council of the 60th Annual Floodplain Management Australia (FMA) Conference, to be held in Toowoomba, Queensland from Tuesday, 19 May to Friday, 22 May 2020, and to authorise the attendance of Council’s delegates. The report recommends that Council nominate delegates to attend the 2020 FMA Conference.

Background

The Floodplain Management Australia objectives are to:

·    Support the primary objective of the State Government’s Flood Prone Land Policy, namely to reduce the impact of flooding and flood liability on individual owners and occupiers and to reduce private and public losses from flooding,

·    Press for optimum financial assistance by State and Federal Governments to Flood Mitigation Authorities to implement the Government’s Flood Prone Land Policy,

·    Provide a forum for exchange of information and ideas related to flood mitigation, and

·    Foster good relationships and effective liaison between the Association and Government departments.

 

To support these objectives, the FMA holds a conference annually. The conference continues to be a successful forum in which stakeholders from a broad range of sectors come together to share information, experiences and debate topics relevant to our ongoing floodplain management program.

Current Situation

The 60th Annual Floodplain Management Australia (FMA) Conference, is to be held in Toowoomba, Queensland from Wednesday, 20 May to Friday, 22 May 2020. The theme for this conference is yet to be released.

There are pre-conference workshops planned to precede the Conference. These workshops will be held on Tuesday, 19 May 2020 and further details, including travel and accommodation will be provided at a later date.

Further information regarding the event can be provided upon request.

As representatives of Council’s Floodplain Management Committee, Councillor Jim Aitken OAM, Councillor Kevin Crameri OAM and Councillor Marcus Cornish have appropriately represented Council at previous conferences.

 

Financial Implications

The cost of attendance at the Floodplain Management Australia Conference is able to be accommodated from within existing relevant operational budgets.

 

Risk Implications

Attendance at the conference ensures Council remains aware of contemporary standards in the overall floodplain management space. This is turn assists to inform Council’s floodplain management program; an important element in our ongoing risk management of floodplain issues.

Conclusion

Council is required to nominate delegates to represent Penrith City Council at the 2020 Floodplain Management Australia Conference and Workshops to be held in Toowoomba, Queensland from Tuesday, 19 May to Friday, 22 May 2020.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020 be received.

2.     Council nominate delegates to the 2020 Floodplain Management Australia Conference and Workshops to be held in Toowoomba, Queensland from Tuesday, 19 May to Friday, 22 May 2020 and grant of leave absence as appropriate.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                                Page

 

12      Acceptance of Cricket Practice Facility Grants                                                                68

 

13      The naming of the scoreboard at Howell Oval, Penrith                                                   72

 

14      Shade Facilities and Policy for Playspaces                                                                     75

 

15      Everyone Can Play Grants 2019-20                                                                                88

 

16      2018/19 Metropolitan Greenspace Program                                                                   93

 

17      Draft Penrith Sport and Recreation Strategy - Public Exhibition                                     97

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

12

Acceptance of Cricket Practice Facility Grants   

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Ben Collins, Finance Business Partner

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

Projects to construct two three lane cricket practice facilities at Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains have been developed. Delivery of these projects will upgrade and extend the existing assets and support opportunities for the community to access quality local sporting infrastructure. The projects will improve the use of the venues which currently support participation by over 2,500 players training and competing in cricket throughout the summer season.

The cost of realising these projects is $230,000, with $139,500 of grant funding and, a contribution from the Nepean District Cricket Association (NDCA), being available for their implementation. Council currently has $35,000 in its 2019-2020 Parks Asset Renewal Program and, $55,500 in its existing Local Open Space Action Plan, to contribute towards these projects.

In the last three years Council has secured, or supported, grant submissions which have realised $409,770 for cricket facility improvements in the City. Added to Council’s investment of $634,500, not including general wicket maintenance, cricket facility provision continues to be improved to meet the needs of the community and meet the facility guidelines of the sport.

 

The report recommends that:

 

-        Council endorse acceptance of the grants awarded to the projects, including:

 

o   NSW Government’s ICC World T20 2020 Cricket Legacy Fund $44,500

o   Cricket NSW Australian Cricket Infrastructure Fund $45,000

o   NSW Community Building Partnership (2017 project redistribution) $35,000

o   Nepean District Cricket Association $15,000

 

-        Council allocate $35,000 from the 2019/2020 Parks Asset Renewal Program, and $55,500 from the Local Open Space Action Plan s7.11, for the construction of cricket practice facilities at Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains respectively.

 

-        Letters of thank you be provided to; the NSW State Government, Cricket Australia, Cricket NSW and the Nepean District Cricket Association.

Background

As a result of Council Officer engagement with Nepean District Cricket Association, Penrith Junior Cricket Association, Penrith Cricket Club and Cricket NSW, a number cricket infrastructure improvement projects have been completed (in the last 12 months) or are planned to be implemented (in the next 12 months), including;

·      Amenity building upgrade including showers, toilets, umpire change rooms, canteen and storage at Rance Oval, Werrington. Complete June 2020.

·      New irrigation system at Rance Oval, Werrington. Complete March 2020.

·      New irrigation system at Ridge Park, Oxley Park. Complete March 2020.

·      New synthetic cricket wicket at Village Oval, Jordan Springs. Complete 2020.

·      New cricket practice facilities at Caddens Oval, Caddens. Completed November 2019

·      Upgraded and extended cricket practice facilities at Ched Towns Reserve, Glenmore Park. Completed in August 2019.

·      Maintenance, repairs and upgrade of cricket practice facilities at Cranebrook Oval, Harold Corr Oval and Patterson Oval. Completed May-Sept. 2019

·      Upgrade of cricket practice facilities at Jamison Park, South Penrith. Completed September 2018.

Current Situation

In addition to both the planned and completed projects, opportunities have been identified to improve cricket practice facility infrastructure at both Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains and to utilise grant funds and a contribution from NDCA for this purpose.

 

Shepherd Street Reserve (Potter Fields), Colyton

 

NDCA and Penrith Junior Cricket Association has identified the need for the replacement of the existing cricket practice net facilities at Shepherd Street Reserve as the highest priority. The current facilities on site have reached the end of their useful life and do not meet current need or Cricket Australia's Community Facility Guidelines for cricket training infrastructure. It is proposed to provide a three-lane cricket practice facility at a cost of $115,000.

Council’s 2019-2020 Parks Asset Renewal Program includes $35,000 for the upgrade of the cricket practice facilities at this location.

 

Two grant applications have been successful for this project. The Cricket NSW Australian Cricket Infrastructure Fund has allocated $23,000 and, the NSW Government’s ICC World T20 2020 Cricket Legacy Fund has allocated $44,500, towards the project. NDCA has confirmed its commitment of $12,500.

 

Dukes Oval, Emu Plains

Dukes Oval, Emu Plains cricket practice facility is nearing the end of its useful life and will shortly require significant maintenance and upgrade to meet current Cricket Australia's Community Facility Guidelines for cricket training infrastructure. The cost to provide a three lane cricket practice facility at this venue is $115,000.

Council officers were recently contacted by representatives of NDCA and Glenbrook Blaxland Cricket Club (GBCC) regarding a cricket facility project that was identified for Knapsack Oval, in the Blue Mountains LGA. Advice has been provided that this project can no longer proceed. After agreement between all parties and negotiation with the NSW Government’s Community Building Partnership and Cricket NSW, it is proposed that grants allocated to this project can now be used to improve cricket practice facilities at Dukes Oval.

Consequently, $35,000 from the NSW Government’s Community Building Partnership 2017 and, $22,000 from Cricket NSW Australian Cricket Infrastructure Fund is available for the practice facilities improvement project at Dukes Oval. The NSW Government Officers responsible for the Community Building Partnership Program have indicated support for the transfer of the project stipulating that it needs to be completed by March 2020, which can be achieved.

Council’s existing Local Open Space Action Plan s7.11 includes a project to upgrade cricket practice facilities at Dukes Oval and $55,500 is available for this purpose.

NDCA have confirmed its commitment of $2,500 for the project.

 

Financial Implications

 

Funding for cricket practice facilities at Shepherd Street Reserve (Potter Fields), Colyton includes:

 

$23,000 - Cricket NSW Australian Cricket Infrastructure Fund

$12,500 - Nepean District Cricket Association

$35,000 – 2019-20 Parks Asset Renewal Program

$44,500 - ICC World T20 2020 Cricket Legacy Fund

 

Funding for cricket practice facilities at Dukes Oval, Emu Plains includes:

$35,000 – NSW Community Building Partnership

$22,000 - Cricket NSW Australian Cricket Infrastructure Fund

$55,500 – Local Open Space s7.11

$2,500 - Nepean District Cricket Association

 

No allowance has been made for contingencies in the estimated project costs provided, it is therefore suggested that an additional amount of up to 10% be provided from the Grants Reserve should it be required.

 

The new facilities will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance will also be necessary in Council’s annual budget.

Risk Implications

The Community Facilities and Recreation Risk Register identifies risk associated with providing unsafe facilities and contractor performance. Controls have been established in relation to facility provision and contractor management which means the risk rating is low.

Conclusion

The strength of Council’s relationships with all levels of cricket including Nepean District Cricket Association, Penrith Junior Cricket Association, and Cricket NSW has ensured that, a successful project development process and funding strategy has been realised the development of cricket practice facilities at both Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains.

 

Council will be investing $90,500 into cricket practice infrastructure with this investment being leveraged with an additional amount of $139,500 being made available through grants and contribution from NDCA.

The projects will improve the use of the venues which currently support participation by over 2,500 players training and competing in cricket.

 

 

RECOMMENDATION

That:

1.   The information contained in the report on Acceptance of Cricket Practice Facility Grants be received.

2.   Council endorse acceptance of the grants awarded to the projects to upgrade cricket practice facilities at Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains, including:

   -        NSW Government’s ICC World T20 2020 Cricket Legacy Fund               $44,500     

   -        Cricket NSW Australian Cricket Infrastructure Fund $45,000

       -        NSW Government’s Community Building Partnership (2017 project             redistribution) $35,000

 

       -        Nepean District Cricket Association $15,000

 

3.   Council endorse the allocation of $35,000 from the 2019/2020 Parks Asset Renewal Program as a contribution to the development of cricket practice facilities at Shepherd Street (Potter Fields), Colyton.

 

4.   Council endorse the allocation of $55,500 from the 2019/2020 Local Open Space Action Plan s7.11 as a contribution to the development of cricket practice facilities at Dukes Oval, Emu Plains.

 

5.   Letters of thank you be provided to the NSW State Government, Cricket Australia, Cricket NSW and the Nepean District Cricket Association.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

13

The naming of the scoreboard at Howell Oval, Penrith    

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

Penrith Cricket Club have made a submission proposing that the scoreboard at Howell Oval be named The Pat Cummins Scoreboard to recognise Patrick (Pat) Cummins for; being the first locally developed cricketer to represent Australia whilst playing for the Club, his significant contribution to Penrith Cricket Club and raising the profile of cricket in the City. 

The report recommends that the scoreboard be named The Pat Cummins Scoreboard.

Background

Council’s ‘Naming of Parks and Reserves Policy’ applies to all public spaces under the ownership or care and control of Council. The Policy outlines that Council may wish to consider naming portions of a park or reserve with the name of a person. This may occur when the park already has a name and a request has been received for the naming of an element or field within the park. The approval can be determined by a resolution of Council and does not need the approval of the Geographical Names Board.

 

Under the Policy, the guidelines for assigning portions of parks/reserves a name include:

 

1.       The person is considered worthy of such an honour.

2.       The person should reside within the Penrith City Council Local Government Area.

3.       The person must be, or have been, a member of a local community, services or voluntary organisation.

4.       The person must have made a significant contribution to the local community through voluntary input, association with a local sporting club, education or through business, and that contribution must be identified. A significant contribution could include:

 

· Ten or more years association with local community groups, including school, sporting or service groups.

· Action by an individual to protect, enhance or maintain an area that produces substantial long-term improvements for the community or area.

· Given names may be included as part of the naming proposal, and given and surname combinations are acceptable.

Current Situation

Penrith Cricket Club has made a submission to name the scoreboard at Howell Oval, The Pat Cummins Scoreboard, in recognition of Patrick (Pat) Cummins for; being the first locally developed cricketer to represent Australia whilst playing for the Club, his significant contribution to Penrith Cricket Club and raising the profile of cricket in the City. 

 

In responding to the criteria, for naming a portion of a park, the Club’s Committee has provided the following detail.

Contribution to Penrith Cricket Club

 

Patrick (Pat) James Cummins was born on 8 May 1993 and was raised in Mount Riverview. Pat played his junior cricket for Glenbrook-Blaxland Cricket Club in the Penrith Junior Cricket Association (PJCA) competition and represented the PJCA in junior representative formats from the age of 9 years.

 

Pat first debuted for Penrith Cricket Club in 2007/08 as part of its A.W. Green Shield Under 16 team at just 14 years of age. He made his senior Grade debut in 2008/09 as part of the Club’s 4th Grade team and once again represented the Club in the A.W. Green Shield competition, finishing with 41 wickets across all grades in his first full season.

 

In 2009/10 at just 16 years of age, Pat was part of the Club’s premiership winning Poidevin-Gray Shield team (Under 21’s). In the same season, Pat predominantly played in the Club’s 2nd Grade team and was selected in the NSW Under 17 team. In 2010/11 Pat made his 1st Grade debut for the club, taking 5 wickets in an innings in just his 3rd game and was selected in the NSW Under 19 team. Pat was also a recipient of the NSW Cricket Basil Sellers Scholarship, a prestigious award to develop and guide junior elite talent.

In the years following his meteoric rise to the Australian Cricket team in 2011, Pat sustained several career-threatening injuries that limited his appearances for the Club, State and National teams. During his significant rehabilitations, Pat continued to actively make his comebacks through Penrith Cricket Club which is a very rare commodity for professional cricketers today. Since 2012/13 Pat has made 22 appearances for the club, often by his own request, and was instrumental in the team’s one-day limited overs final win against Hawkesbury in 2016/17.

Pat’s contribution to Penrith Cricket Club extends far beyond his on-field performances. Pat has, and continues to donate his time, funds and personal memorobilia to ensure the Club’s annual Captain’s Lunch and fundraising efforts are a success. He donates his time freely and despite the demands of training and travel, he remains extremely humble and willing to support the club and the Penrith region at every opportunity.

Contribution to NSW State and Australian Cricket

In March 2011, at the age of 17 years, Pat was fast tracked to represent NSW Cricket across all formats including T20, List A and First-Class teams. Pat’s strong performances for NSW saw him selected for Australia’s tour of South Africa in late 2011.

 

On 17 November 2011, Pat become the second youngest Australian Test Cricketer of all time when he was selected to play against South Africa in Johannesburg. He received cap number 423, taking 6 wickets on debut, hitting the winning runs and was awarded Man of the Match honours.

Through his numerous injuries between 2011 and 2017 Pat was restricted to representing NSW and Australia in T20 and limited overs formats. During this time, Pat was part of Australia’s 2015 One Day Overs World Cup Winning Squad and NSW’s one-day limited overs Domestic Title in 2016/17.

On 17 March 2017, Pat made his return to Australian Test Cricket against India, almost 6 years after his debut. Since his return, Pat has been a significant contributor to Australia’s success, surpassing 100 Test wickets at an average of 21.45. He was the leading wicket taker in consecutive Ashes series in 2017/18 and 2019, he was named Man of the Series against Sri Lanka in 2018/19 and he was awarded the Australian Vice Captaincy across all playing formats in January 2019.

In 2019, Pat was awarded the Allan Border Medal, recognising him as Australia’s best cricketer for the previous calendar year. Pat is currently world’s best international bowler according to the International Cricket Council’s rankings. Pat has been instrumental in restoring Australia’s international cricket reputation over the last two years and continues to be a role model for junior cricketers. 

 

Financial Implications

In its submission, Penrith Cricket Club outlined that the Club will cover the total cost of the scoreboard naming should it be approved.

Risk Implications

There are no identified risks for the delivery of this project, should any be identified these will be managed through Council’s risk register.

Conclusion

Pat Cummins has represented Penrith Cricket Club for over 13 years. In this time, Pat became the second youngest ever Australian Test cricketer, Australia’s best international cricketer in 2019 and was awarded the Australian Vice Captaincy across all formats in 2019.

Pat continues to represent and support Penrith Cricket Club and advocate for cricket in the Penrith region. Pat has been consulted by Penrith Cricket Club about its intentions to name the scoreboard in recognition of his achievements and support for cricket in the area.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on The naming of the scoreboard at Howell Oval, Penrith  be received

2.     Council endorse the naming of the scoreboard at Howell Oval, The Pat Cummins Scoreboard

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

14

Shade Facilities and Policy for Playspaces   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Authorised by:            Brian Steffen, Director - City Services 

Requested By:            Councillor Mark Davies

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

At Council’s Ordinary Meeting, on 25 February 2019, Councillor Mark Davies requested a further follow up to his request for information on shade structures at Roger Nethercote Park, Morello Terrace, Caddens. Information about any policies Council has with respect to installation of shade of structures more generally was also requested.

 

Shade structure installation at Roger Nethercote Park was completed in July 2019 at a cost of $50,000.

 

In relation to policies relating to the installation of shade structures at playgrounds, there is currently no formal Council Policy in place, however, there are current practices that are employed, these being:

 

-        When designing or locating play facilities Council Officers assess the availability of, or potential to create natural shade provision.

-        Opportunities to include a level of artificial shade provision (shade sails) are considered when resources are available.

-        Tree planting is undertaken as part of playground projects’ scope of works.

 

A draft Shade Facilities at Playspaces Policy has been developed and is included in Attachment 1 to this report for Council’s consideration.

 

Council Officers have completed a shade assessment of all the City’s playspaces, in line with the draft Shade Facilities at Playspaces Policy. It has been identified that of 153 playgrounds, 83 require new or additional shade provision either artificial (e.g shade sails) or natural (e.g. tree canopy). A full list of playspaces assessed as requiring shade is included in Attachment 2 to this report.

 

The report recommends that Council endorse the draft Shade Facilities at Playspaces Policy as the adopted Shade Facilities at Playspaces Policy, and that an allocation of $2,240,000 for the provision of shade to 83 playgrounds, to be installed over a three-year program 2020-2023, be allocated from the Financial Management Reserve.

 

Background

 

There is currently no formal Council Policy relating to the provision of shade at playspaces, however there are current practices in place.

 

-        When designing or locating play equipment Council Officers assess the availability of, or potential to create natural shade provision.

-        Opportunities to include a level of artificial shade provision (shade sails) are considered when resources are available.

-        Tree planting is undertaken as part of playground projects’ scope of works.

 

Between 2012-2019, using this approach, Council has replaced 56 playgrounds and installed 18 shade structures through the Parks Asset Renewal Program. In addition, a number of these playgrounds, when replaced, have been repositioned to take advantage of natural shade opportunities.

 

Council Officers have also actively pursued opportunities to increase shade provision at play facilities.

 

Two grant applications have been submitted to the 2019 Community Building Partnership grant program for shade provision at Leonay Parade, Leonay; and Myrtle Road, Claremont Meadows. These applications are currently being assessed.

 

In 2018, 4 grant applications were submitted to the NSW Everyone Can Play grant program for shade at Robin Wiles, North St Marys; Outlook Avenue, Emu Heights; Robinson Park, Jamisontown; and Mulgoa Park, Mulgoa. The application for Robin Wiles was successful to cover the activity courts.

 

Also, in 2018, 3 applications were submitted for shade provision at Ridge Park, Oxley Park; Chapman Gardens, Kingswood; and Grays Lane, Cranebrook. The application for Ridge Park was successful.

 

In terms of shade installation, in addition to the shade sails being provided at Roger Nethercote Park (Caddens), new play facilities have opened in Sienna Gardens (Caddens) which incorporate shade provision, and the soon to be completed upgrade of Mulgoa Park includes shade provision to the playspace. Previously completed projects include examples of integrating shade provision, for example Phoenix Reserve, where an older park was embellished with both artificial shade and natural shade alongside other improvements to the park and play infrastructure.

 

Current Situation

 

a)      Strategic Context

 

Recent strategy development, planning guidelines and community feedback has reiterated the need for the future provision of shade at playspaces, these include;

 

-        NSW Government’s ‘Everyone Can Play Guidelines’

 

The Everyone Can Play Guidelines sets out best practice frameworks designed to encourage more people to create more inclusive playspaces. Playspaces are at the heart of neighbourhoods and should cater for everyone – young and old, families and carers, and people of all abilities and cultural backgrounds. They should also be welcoming and comfortable, easy to navigate and interesting and, offer a range of physical challenges as well as a variety of landscape settings, and provide opportunities to connect with others.

 

The Guidelines are based on three principles:

 

i)        Can I get there? Location, layout, signage, wayfinding, and accessibility.

 

ii)       Can I play? Including equipment and surfacing allowing everyone to experience a variety of challenging and engaging play opportunities, in a way that suits them.

 

iii)      Can I stay? Safety, facilities, adequate amount of shade to cover play activities, landscape and the wider environment ensure everyone can stay at the playspace as long as they like.

 

-        Government Architect NSW draft ‘Open Space for Recreation Guide’

 

The draft guide has been developed to provide a consistent approach and framework to encourage innovation in public open space planning and to promote higher community use through the provision of better quality, easily accessible and more functional open space.

 

The quality of park embellishment and ongoing maintenance and management is critical to attracting use and activation of the open space network.

 

While still at draft stage, the guidelines have sought to provide planning considerations, for a range of outdoor recreation, and indicate shade provision suggestions.

 

The draft ‘Open Space and Recreation Guide’ has yet to be released as a finalised publication.

 

-           NSW Government’s ‘5 Million Trees for Greater Sydney’

 

The NSW Government’s ‘5 Million Trees for Greater Sydney’ seeks to realise Five Million Trees being planted by 2030, in streets, parks, backyards, neighbourhoods and schools, so that the tree canopy grows from 16.8% to 40%.

 

More tree canopy means healthier neighbourhoods, more shade, cooler suburbs, and habitats for wildlife among other benefits.

 

The core objectives of the Program are:

 

-         Enhance the tree canopy of Greater Sydney, particularly in suburbs with the least amount of tree cover.

-        Promote the establishment of newly planted trees to ensure longevity of the tree canopy.

-        Promote partnership projects between state and local governments.

-        Support projects that demonstrate a commitment to canopy expansion, including improved outcomes for health, sustainability and climate adaptation.

 

The Five Million Trees for Greater Sydney initiative has an associated grant program which supports local councils in Greater Sydney to enhance urban tree canopy by co-funding tree planting projects in public spaces such as streets, parks and plazas.

 

In the 2018-2019 grant program, Council was awarded $150,000 for tree planting in Chameleon Reserve, Erskine Park.

 

-        Council’s draft Sport, Recreation, Play and Open Space Strategy

 

In the development of Council’s draft Penrith Sport and Recreation Strategy , the community were consulted regarding playground provision, particularly relating importance of aspects of playspace provision and current performance. This process identified the priority area to address as the provision of shade/shelter.

 

The draft Strategy includes proposed design guidelines for a revised classification of playspaces as Local, District and Citywide. It has been specified that each classification of playspace should incorporate a combination of natural shade and built shade as a requirement.

 

-        Council’s adopted Cooling the City Strategy

 

The strategy focuses on identifying opportunities, to cool the City and region, that improve liveability and prioritise protection from heat for people and communities. One of the areas prioritised for protection against heat include public exercise areas.

 

The document recognises that the provision of Green Infrastructure, including tree planting and landscaping through the maintenance and renewal of parks contribute to; the cooling of the City, providing attractive public spaces, providing opportunities for recreation and leisure, and creating a positive impact on people’s health and well-being, among other benefits.

 

Specific actions in the Cooling the City Strategy include:

 

i)        Consider heat in the design and development of Council parks, including the City Park.

ii)       Undertake a key audit of parks in the LGA to determine where shade can be better incorporated over seating etc. and where drinking water fountains are required.

iii)      Implement an increase in canopy cover and shade in identified priority hotspot areas across the City

 

b)      Playspace Audit

 

Comfortable and effectively shaded play areas promote physical activity and can contribute to long term benefits in addressing a range of important health issues. Shade provision is important for both users of the equipment and carers visiting the playspace.

 

An assessment of 153 playgrounds in the City has identified that 83 require new or improved shade through the installation and provision of;

 

-    Natural shade i.e. that provided by tree canopy cover.

-    Artificial shade i.e. a built structure e.g shade sails, rigid structure with fixed roof etc.

 

i)   Artificial Shade

 

Artificial shade provides a level of instant shade, with coverage dependent on time of day. Shade sails provide a level of protection from ultra-violet radiation (UVR) as well as air flow, but do not provide protection from reflected UVR as much as natural shade, are susceptible to vandalism and require ongoing maintenance.

 

Rigid fixed roof structures provide a higher level of sun protection, are more resistant to vandalism, have a longer life span, and better protect the play equipment and soft fall under them increasing their lifespan. However, there is a higher cost than shade sail installation.

 

In both instances, whole of life and maintenance costs also need to be considered. Graffiti and vandalism are variables that are unable to be mitigated and are managed on a reactive basis.

 

Should shade sails be provided to the 83 playgrounds currently without, or with insufficient shade, a budget of $1,950,000 will be required.

 

 

ii)  Natural Shade

 

Tree planting is a longer-term shade solution which provides a range of benefits including; cooling, biodiversity, habitat, mental and physical health benefits, soil and water benefits, carbon sequestration, improved land values, reduced noise pollution, fewer disposal issues and less need to use non-renewable resources (used in many building materials).

 

Trees also offer children opportunities to connect with nature, have sensory experiences and to play with natural materials.

 

Natural shade is also required to complement the provision of artificial shade, protecting playgrounds from the sun in the east and west, with artificial shade having more impact during the middle of the day. It also provides shade for visitors to the playground not utilising the play equipment.

 

Dependent on species, trees can be slow to grow and develop an effective shade canopy and, when young, they can be prone to vandalism. Any tree planting also needs to consider risk of being located too close to any playground facility.

 

It has been identified that 687 trees are required to provide an appropriate level of shade to playspaces in the City, with a required budget of $290,000.

 

c)      Shade Policy

 

In addressing the provision of shade at playspaces into the future, a draft Shade Facilities at Playspace Policy has been developed and provided in the attachment to this report. The draft Shade Facilities at Playspace Policy incorporates the following principles:

 

i)        It will not be possible to provide 100% shade coverage to all playgrounds at all times. Provision will maximise shade over playgrounds, as well as seated areas, between the hours of 10am and 4pm.

 

ii)       Shade facility provision will be designed to provide shade throughout the year.

 

iii)      Shade will be provided at all existing and planned playgrounds in the City incorporating natural and/or artificial shade provision based on individual site characteristics.

 

iv)      The use of natural shade provided by trees will be prioritised over artificial shade options, as a long-term shade solution.

 

v)      When designing playspaces assessment of availability of existing natural shade will be assessed when determining location.

 

vi)      If artificial shade is provided materials, are to meet Australian Standards and specifications will ensure durability, quality and whole of life value.

 

vii)     Specified UV blockout ratings are to be met, and design should minimise heat conduction and allow appropriate air flow.

 

viii)    If artificial shade is provided, at the time of renewal of the artificial shade an assessment is to be undertaken. If the assessment deems that natural shade is sufficient, the artificial shade should be removed from the site.

 

ix)      Play equipment that incorporates shade is to be considered when purchasing play equipment, dependent on resource availability and level of shade provided or planned for the site.

 

x)      Developers are to provide a landscape masterplan from a qualified landscape architect for each park and play location, and shade provision over play facilities and seated areas must be provided and maximised.

 

xi)      Shade audits are to be conducted every 5 years to monitor effectiveness of shade provision and enable future planning of shade installation.

 

xii)     The community is to be advised of shade facility projects, and engagement undertaken when required.

 

Financial Implications

 

Provision of both artificial and natural shade at 83 playgrounds is expected to cost $2,240,000 with sufficient funding available from the Financial Management Reserve. The shade sail structures will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance will also be necessary in Councils annual budget with vandalism being of particular concern.

Risk Implications

The risks associated with the delivery of this project will be managed within the organisations operational risk register.

 

Conclusion

 

Shade provision is one element of playground design which increases the accessibility of play spaces and encourages community visitation. Council continues to improve its playspaces through the Parks Asset Renewal program, Developer Contributions and grant opportunities and, in doing this will continue to engage with the community to ensure design meets need.

 

Currently 83 playspaces lack any or sufficient shade. Should Council choose to provide both artificial and natural shade facilities to these playspaces it will cost $2,240,000 which can be funded from the Financial Management Reserve.

 

Contingent on the budget being made available a program will be developed which will realise the completion of shade installation and tree planting over a 3-year period. Council Officers will also continue to seek to leverage the funds through grant funding opportunities.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Shade Facilities and Policy for Playspaces be received.

2.     Council adopt the Shade Facilities at Playspaces Policy.

3.     $2,240,000 for the provision of artificial and natural shade to 83 playgrounds, to be installed over a three-year program 2020-2023, be allocated from the Financial Management Reserve.

 

ATTACHMENTS/APPENDICES

1.

Shade Facilities at Playspaces Policy

3 Pages

Appendix

2.

Playspaces Requiring Shade

3 Pages

Appendix

  


Ordinary Meeting                                                                                                       25 November 2019

Appendix 1 - Shade Facilities at Playspaces Policy

 

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Ordinary Meeting                                                                                                       25 November 2019

Appendix 2 - Playspaces Requiring Shade

 

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Ordinary Meeting                                                                                         25 November 2019

 

 

 

15

Everyone Can Play Grants 2019-20   

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

The NSW Government’s Everyone Can Play (ECP) grant program supports Councils to renew, renovate and build inclusive playspaces across NSW. The ECP grant program was established in 2018 and will be in operation for a five-year period. The program is administered by NSW Department of Planning, Industry & Environment.

Council Officers have identified the following playspace projects as potential Council grant applications for 2019. Each playground requires the provision of accessible, inclusive and new play opportunities and has contributing funds allocated to the project in accordance with the grant criteria. The elements listed for each site are those to be funded by the grant as part of an overall playspace upgrade project.

 

Brian King Park, Oxley Park (nominated Mayoral Challenge project)

Accessible pathway connections, static fitness equipment and tree planting

 

Ironbark Reserve, Ironbark Drive, Cranebrook

Accessible pathway connections, accessible shelter, inclusive play and tree planting

 

The Carriageway, Glenmore Park

Accessible picnic seating and additional inclusive play equipment.

 

Peter Kearns Memorial Oval, Banks Drive, St. Clair

Accessible pathway connections, accessible shelter, formalised playspace edging and tree planting

The deadline for grant applications is Monday 11 December 2019, and successful projects must be completed within 18 months from the date that the funding contract is accepted.

This report recommends that Council endorse grant applications for the four nominated playspaces seeking a total of $190,000 in funding. It also recommends that a contribution of $351,314 is allocated from existing Council budgets to enable the submissions of these grant applications.

Background

The Everyone Can Play (ECP) Grant was announced in 2018 by the NSW Government to support Councils to renew, renovate and build inclusive playspaces across NSW.

The three ECP guideline principles encourage strategic thinking around how to create more inclusive playspaces. The three ECP principles to consider when designing or improving playspaces are:

Can I get there?

Consider location, layout, signage, wayfinding and accessibility to ensure everyone can find their way to, in and around the playspace.

Can I play?

The play experience, including the equipment and surfacing, should enable everyone to experience a variety of challenging and engaging play opportunities in a way that suits them.

Can I stay?

Consider safety, facilities, landscape and the wider environment to ensure everyone can stay at the playspace for as long as they would like.

ECP applications must include a tree planting provision of 1 tree per $2,500 of requested grant funds. Projects will be assessed against their alignment to program objectives. The ECP grant requires existing and ongoing consultation with the community, as well as the consideration of the needs and expectations of targeted groups. Councils must also clearly outline that they are able to deliver the project within the required 18-month delivery program.

The ECP application deadline closes on Monday 11 December 2019. Applications will be assessed between December 2019 and February 2020. Successful projects will be announced in February 2020, with formal funding agreements to be administered by NSW Department of Planning, Industry and Environment.

Current Situation

Council Officers have recently completed community consultation for the nominated Mayoral Challenge playspace in 2019/2020 and those included in this year’s Parks Asset Renewal Program. Subsequently, Council Officers have reviewed the consultation outcomes and have identified additional playspace opportunities that could be delivered through the ECP grant program.

The proposed ECP grant applications projects for 2019/2020 are:

Brian King Park, Braddon Street, Oxley Park (Mayoral Challenge)

Throughout 2019, Council’s Neighbourhood Renewal department have consulted on improvements to Brian King Park as part of Council’s Mayoral Challenge Program. Council Officers have actively engaged Oxley Park residents and students from Oxley Park Public School through community workshops, school visits and pop up sessions to determine the expectations of the Oxley Park community.

Council has a current budget of $141,200 to deliver the Stage 1 upgrade which includes new play equipment, accessible pathway connections, structured shade, new seating and minimal tree planting. Council’s contributing funds have been identified through the Parks Asset Renewal Program $75,000, Neighbourhood Renewal $65,000 and Voted Works $1,200 budgets.

Through the community consultation process, Oxley Park residents identified that they would like to see the provision of increased accessible pathways and static fitness equipment. If successful, an ECP grant of $50,000 will be able to provide the requested infrastructure as well as accessible seating and additional tree planting within the reserve.

Ironbark Reserve, Ironbark Drive, Cranebrook

Council’s Community Facilities and Recreation department recently completed community consultation for the 2019/2020 Parks Asset Renewal Program playspaces. Council currently has a budget of $120,114 to deliver new play equipment, accessible path connections, shade and some tree planting at Ironbark Reserve. Council’s contributing funds have been identified through existing budgets including Parks Asset Renewal $90,000 and Local Open Space – Section 7.11 $30,114.

Upon reviewing the consultation feedback, Council Officers have identified that an ECP grant application of $50,000 could deliver increased accessible pathway connections, an accessible shade shelter and picnic seating and provide additional tree planting within the reserve.

The Carriageway, Glenmore Park

Council’s Community Facilities and Recreation department recently completed community consultation regarding 2019/2020 Parks Asset Renewal playspace projects. Council currently has $40,000 within the 2019/20 Park Asset Renewal budget to deliver new play equipment at The Carriageway. The existing playground has significant tree canopy, accessible paths and seating.

Council Officers have identified that an ECP grant application of $40,000 could be used to deliver additional inclusive play equipment and accessible seating throughout the reserve. Whilst there is significant tree coverage and shade already present within the reserve, minor tree planting could still occur to meet ECP guidelines.

Peter Kearns Memorial Oval Playground, Banks Drive, St. Clair

In assessing the ECP application requirements, Council Officers identified the requirement for both accessible and shade improvements for Peter Kearns Memorial Oval playspace. The existing playspace has no formalised access from Banks Drive to the play equipment, is exposed to direct sunlight and seating within the reserve is limited.

Council Officers have identified that $50,000 from the Grants Reserve could be used as contributing to funds to apply for an ECP grant of $50,000. If the ECP grant is successful, a project would deliver improved accessible pathway connections to the existing playspace, an accessible shade shelter, additional seating and complete tree planting to the north of the play equipment.

To support Council’s proposed ECP applications, Council’s Disability and Inclusion Officer has identified user groups for each play space to provide letters of support which outlines how increased accessibility, inclusive play and shade improvements will benefit their respective organisations. 

Financial Implications

 

This report proposes that a total council contribution of $351,314 be included in the applications for the 2019-20 Everyone Can Play grant program including; Parks Asset Renewal $205,000, Neighbourhood Renewal Program $65,000, Councillor Voted Works $1,200, Local Open Space Action Plan – Section 7.11 $30,114 and $50,000 from the Grants Reserve budgets. Council has previously endorsed the funding allocation from the Neighbourhood Renewal Program and Voted Works for implementation of the project at Brian King Park.

 

Should the grant applications be successful, the upgraded facilities will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance will also be necessary in Council’s annual budget.

Risk Implications

The Community Facilities and Recreation Risk Register identifies risk associated with providing unsafe facilities and contractor performance. Controls have been established in relation to facility provision and contractor management which means the risk rating is low.

The play facility upgrades will ensure compliance to current playspace standards and this  will be sustained through a regular playspace inspection and maintenance program.

Conclusion

It is proposed that Council Officers submit four Everyone Can Play grant applications for the identified playspaces at Ironbark Reserve, Brian King Park, The Carriageway and Peter Kearns Memorial Oval.  Each project will address the ECP principles of Can I get there, Can I play, and Can I stay.

The identified upgrades for each playspace have been identified through consultation with the community and will provide accessible, inclusive and new play and recreation opportunities.

 

RECOMMENDATION

That:

1.     The information contained in the report on Everyone Can Play Grants 2019-20 be received

2.     Council endorse the allocation of existing budgets as contributing funds to enable grant applications for improvements to Brian King Park, Ironbark Reserve, The Carriageway, Peter Kearns Memorial Oval.

-     Parks Asset Renewal Program 2019/2020 - $205,000

-     Local Open Space Action Plan 7.11 - $30,114

-     Grants Reserve - $50,000

 

3.     Council endorse the submission of grant applications to the NSW Government’s Everyone Can Play program for the following projects: 

 

·    Brian King Park, Oxley Park

Accessible pathway connections, static fitness equipment and tree planting.

 

·    Ironbark Reserve, Cranebrook

Accessible pathway connections, accessible shelter, inclusive play and tree planting.

 

·    The Carriageway, Glenmore Park

Accessible picnic seating and additional inclusive play equipment.

 

·    Peter Kearns Memorial Oval, St. Clair

Accessible pathway connections, accessible shelter, formalised playspace edging and tree planting.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

16

2018/19 Metropolitan Greenspace Program   

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Carlie Ryan, City Deal Manager

Vicki Russell, Finance Business Partner 

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager

Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

This report advises that the following two project proposals have been awarded $600,000 (in total) through the NSW Government’s 2018/19 Metropolitan Greenspace Program which is  being administered by the Department of Planning, Industry and Environment (DPI&E).

 

Penrith Green Grid Strategy and Implementation Plan - $400,000

The project proposes to develop a Green Grid Strategy and Implementation Plan for Penrith that; details a proposed network of high-quality green spaces and tree lined streets across the City, supports safe active transport opportunities, and connects vibrant community open spaces, water ways, bushland, schools, public transport and town centres accessible for everyone.

Penrith Lakes Spatial Framework - Great River Walk Corridor – $200,000

This project will develop a spatial framework focused on the extension of the Great River Walk adjacent to the Penrith Lakes Parkland area. This project, in tandem with the development with the greater Penrith Lakes precinct plan and Penrith City Centre will support the needs of a growing population.

The $600,000 that has been awarded for these projects has not been the subject of a grant application in this round of the Metropolitan Greenspace Program, it has been a direct allocation of funds from DPI&E subject to its agreement to suitable project proposals.

The report recommends that Council accept the funding provided through the 2018/2019 Metropolitan Greenspace Program for the identified projects and, that a letter of thank you is provided to NSW DPI&E to recognise the funding allocated.

Background

The Greater Sydney Region Plan, A Metropolis of Three Cities identifies the Greater Sydney Green Grid (GSGG) as the element which sets the long-term vision for a network of high-quality green areas that will connect communities to green infrastructure. The GSGG will keep the region cool, encourage healthy lifestyle, support walking and cycling, provide better access to open spaces, enhanced bushland and support ecological resilience.

NSW Government’s 2018/2019 Metropolitan Greenspace Program (MGP), administered by DPI&E, identified an allocation of funding to 13 Councils for the purpose of each Council preparing a Spatial Framework for Priority Green Grid Corridors identified in the Greater Sydney District Plans (GSDP).

The Western City District Plan (WCDP) identifies several priority Green Grid corridors for Penrith. In July 2019, DPI&E invited Council to develop three Spatial Frameworks for Penrith Lakes Parklands, Blaxland Creek and Bushland Reserve, and Kemps Creek and Kemps Creek Nature Reserve providing up to $200,000 for each study, a total allocation of $600,000 to Council.

Current Situation

In October 2019, Council officers met with DPI&E representatives to discuss the proposed projects in detail.

 

As a result of these discussions it was agreed that developing a spatial framework for the Great River Walk connection to Penrith Lakes presented significant merit. However, it was determined that with a range of planning considerations to be resolved, progressing spatial frameworks for Blaxland Creek and Bushland Reserve, and Kemps Creek and Kemps Creek Nature Reserve would not present the best value for money projects.

 

As an alternative, Council Officers outlined plans to prioritise the development of a comprehensive Green Grid Strategy for Penrith to truly create a healthier, more liveable and greener Western Parkland City in line with the NSW Premier’s Priorities, and The Greater Sydney Region Plan – A Metropolis of Three Cities, that identifies priorities for short, medium- and long-term action.

Subsequently, it was agreed that, as an alternative, two detailed project proposals would be submitted for:

-        Penrith Green Grid Strategy and Implementation Plan

-        Penrith Lakes Spatial Framework – Greater River Walk Corridor

The development of the two projects are essential in delivering Council’s Planning Priority 18 – Connecting our Blue and Green Grid as outlined in the draft Local Strategic Planning Statement. This work will inform updates to relevant Council Strategies and updates to planning instruments.

 

Penrith Green Grid Strategy and Implementation Plan

The project proposes to develop a Green Grid Strategy and Implementation Plan for Penrith that; details a proposed network of high-quality green spaces and tree lined streets across the City, supports safe active transport opportunities, and connects vibrant community open spaces, water ways, bushland, schools, public transport and town centres accessible for everyone.

The Strategy will have the following objectives:

·        Understand the scope, characteristics and quality of the existing and potential Green and Blue Grid including green infrastructure in the Penrith LGA.

·        Identify and evaluate local Green Grid and green infrastructure priority connections, sections and enhancements.

·        Localise the associated Green Grid actions in the Western City District Plan for the Penrith LGA.

·        Create an aspirational LGA wide masterplan that outlines a connected Green and Blue Grid with strategic approach to green infrastructure.

·        Understand how the Green and Blue Grid principles and delivery of green infrastructure can be embedded across Council plans, policies and strategies.

·        Identification of instruments and mechanisms that can currently be used, or need to be changed, to implement and maintain the Green and Blue Grid and green infrastructure.

·        Identification of priority actions and initiatives for Council to deliver elements of the Green and Blue Grid and green infrastructure over time.

The Penrith Green Grid Strategy will build on existing strategic work already undertaken by Council. This includes the Cooling the City Strategy, the draft Penrith Sport and Recreation Strategy, the Penrith Accessible Trails Hierarchy Strategy and, the Street and Park Tree Management Plan. It will localise principles outlined by the Government Architect NSW like Greener Places, Movement and Place, and Better Placed. Most importantly, it will outline strategic actions to increase canopy coverage and access to greenspace in line with the Premier’s Priorities and Greater Sydney Commission’s liveability indicators.

Penrith Lakes Spatial Framework - Great River Walk Corridor

Penrith Lakes Parklands will be a regionally significant lakes and open space project for Western Sydney. Covering an area similar to Sydney’s outer harbour, there is significant opportunity for the future of this site.

The focus for this project will be the extension of the Great River Walk into the Penrith Lakes area. The Spatial Framework project aims to:

·        Investigate continuous public access along the Nepean River as part of the Great River Walk

·        Promote active and healthy lifestyles for the community through the benefits of using the Great River Walk, adjoining active transport routes, and other sport and recreation offers around the Lakes precinct

·        Provide critical quality open space, parklands connections, following the River and creek line

·        Align with the Penrith LGA Green Grid Strategy

·        Showcase best practice in environmental rehabilitation and water management

·        The project will also identify and plan for future green links and connections with strategic projects.

The project plans have identified an 18 months delivery timeframe for the Green Grid Strategy and the Penrith Lakes – Great River Walk Corridor Spatial Framework.

 

Financial Implications

The total funding required for the projects is $600,000 and this will be provided through the 2018/2019 Metropolitan Greenspace Program. 

Risk Implications

The project submissions provided to DPI&E included the requirement for the provision of a risk management framework for delivery of the project. The risk assessment included considerations regarding resource availability and management, engagement and stakeholder consultation strategies, identification of constraints, procurement, project execution, misuse of information, conflicts of interest, policy and legislation changes, and project timing. Treatment strategies for each identified risk have been considered. DPI&E have confirmed its agreement to the project submissions.

Conclusion

The development of the two projects are essential in delivering Council’s Planning Priority 18 – Connecting our Blue and Green Grid as outlined in the draft Local Strategic Planning Statement. This work will inform updates to relevant Council Strategies and updates to planning instruments.

Should acceptance of the funding be endorsed a proposed public launch of the projects could coincide with the Cooling the City Master Class in February 2020.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2018/19 Metropolitan Greenspace Program be received

2.     Council accept the $600,000 allocated by the NSW Department of Planning, Industry and Environment through the 2018/19 Metropolitan Greenspace Program to develop the Penrith Green Grid Strategy and Implementation Plan ($400,000) and the Penrith Lakes Spatial Framework - Great River Walk Corridor ($200,000).

3.     A letter of thank you be provided to the NSW Department of Planning, Industry and Environment for the allocation of $600,000 to realise the Penrith Green Grid Strategy and Implementation Plan, and the Penrith Lakes Spatial Framework – Great River Walk Corridor.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

17

Draft Penrith Sport and Recreation Strategy - Public Exhibition   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

A draft Penrith Sport and Recreation Strategy has been developed which includes strategies, actions, planning frameworks and guidelines to provide the future direction for the provision of open space, play, sport and recreation in the City over the next 15 years.

 

A draft Executive Summary document has been developed which should be read in conjunction with the main draft Strategy document and both have been provided to Councillors separately.

 

The draft Strategy has been divided into timeframes for delivery, these being short term (1-5 years), medium term (6-10 years) and long term (10-15 years). Reviews will be undertaken during each period to consider progress of implementation, community need, infrastructure development in the City, contemporary trends in Sport and Recreation, and resource availability.

 

The documents integrate with and will inform other planning strategies that have been either completed, or are being developed for the City. It will also be a critical document in informing the development of the City’s future s7.11 Developer Contributions Plan.

 

In the draft Strategy’s first five years a proposed program of work has been developed which balances investment in capital projects (new, upgrades, and asset renewal) with forward planning initiatives and advocacy which will inform and assist the programming and implementation of the Strategy’s delivery for years 6-15.

 

Should the draft Strategy be adopted, a proposed $125m will be invested in open space, play, sport and recreation projects in the first 5 years of the plan spread across 82 projects, as well as an annual asset renewal program. These projects capture major initiatives such as City Park, Regatta Park and Gipps Street, sport projects that have received grants through programs such as the Greater Sydney Sports Facilities Fund, and initiatives where funding has not been available to date to realise projects such as mixed recreation/youth spaces at Trinity Drive, Cambridge Gardens and Bennett Park, St Marys, as well as an outdoor health and fitness gym at Chapman Gardens, among others.

 

Funding sources identified to realise project implementation includes the Parks Asset and Building Asset Renewal Programs, s7.11 Local Open Space Contributions Plan, s7.11 District Open Space Action Plan, grants, NSW and Federal Government election (2019) commitments, the Telecommunications Access Fund, and Voluntary Planning Agreements. It is also proposed that budget is allocated from the City Centre Renewal budget.

The report recommends that a community engagement plan is developed, consultation with the community regarding the draft Penrith Sport and Recreation Strategy is undertaken between January and March, and a report is to be provided to Council at its Ordinary Meeting in March 2020 outlining the feedback received and presenting the finalised Strategy.

Background

The core objectives in the development of the Strategy are to:

 

Plan for Growth – ensure that the provision and delivery of sport, play recreation and open space meets the needs of the city’s current population and future growth.

 

Promote Accessibility and Inclusion – encourage active and healthy lifestyles for all in the community by optimising access and functionality.

 

Support Environmental Sustainability – conserve and enhance the City’s natural values as an integral part of the landscape of public open space and, respond to climate change.

 

Create Economic Benefits – foster recreation-based participation, infrastructure development and visitation to the City that benefits the local economy.

 

Manage the City’s Assets – inform strategic asset management strategies to ensure effective and contemporary provision of facilities through efficient and ongoing maintenance and renewal.

 

Resource Strategies – design, maintain and review open space, play and sport and recreation facilities and services with associated funding and resourcing strategies.

 

Monitor and Evaluate Outcomes – review and refine strategies based on an ongoing assessment of success against key performance indicators.

Current Situation

Over a period of time, in developing the draft Strategy, Council Officers have engaged with the community, responded to evolving strategic directions and initiatives of all levels of Government, secured over $14m in grants and election commitments for a number of sport and recreation projects in the last 12 months, and completed a significant amount of data collection and mapping. As a result, the following is a summary of the key draft strategy directions for open space, play, sport and recreation;

 

Open Space

 

It is proposed that future open space in the City will:

 

-      be classified as; Local, District, Citywide, Linear, Sporting Space and Regional Open Space,

-      support environmental sustainability,

-      be integrated into a network and connected, creating equitable access,

-      be multi-functional, support a diversity of activity and encourage participation,

-      be provided in new release and development areas in accordance with specified quantity and quality/performance frameworks within the strategy, and

-      be optimised for existing populations in established suburbs.

 

 

 

Play

 

It is proposed that future provision of playspaces in the City will;

 

-      be classified in a hierarchy as Local, District, Citywide and Regional to guide levels of investment and facility design,

-      be accessible, creating a connected network across the Penrith Local Government Area where everyone is able to engage and play together,

-      be designed to cater for everyone, bring people together, be a comfortable environment, be easy to navigate, and encourage users to stay as long as they want,

-      offer a range of physical challenges across a variety of landscape settings,

-      be spaces to explore, promoting active and healthy lifestyles, and  

-      be diverse, contemporary, unique, safe and innovative.

 

Sport and Recreation

 

It is proposed that future provision of sport and recreation facilities and services in the City will;

 

-        be accommodated through the provision of the appropriate amount and quality of  open space,

-        be designed, configured and located to ensure capacity and participation opportunities are maximised, sustaining usage demand through the provision of fit for purpose and fit for future facilities,

-        include contemporary aquatic and indoor facilities,

-        include unstructured recreation spaces and activities that meet changing trends in participation,

-        include paths and trails to support walking and cycling,

-        provide sports/recreation clubs and associations with the support to enable good governance, sustainable operations including grant assistance, and facility planning and development, and

-        support tourism strategies for the City through the ability for venues to host district, regional, state and national events as well as large scale participation events.

 

In the draft Strategy’s first five years, a program of work has been developed which balances investment in capital projects (new, upgrades, and asset renewal) with forward planning initiatives and advocacy which will inform and assist the programming and implementation of the Strategy’s delivery for years 6-15.

 

Should the draft Strategy be adopted, $125m will be invested in open space, play, sport and recreation projects in the first 5 years of the plan spread across 82 projects, as well as an annual asset renewal program. These projects capture major initiatives such as City Park, Regatta Park, Gipps Street and sport projects that have received grants through programs such as the Greater Sydney Sports Fund, and initiatives where funding has not been available to date to realise projects such as mixed recreation/youth spaces at Trinity Drive, Cambridge Gardens and Bennett Park, St Marys, as well as outdoor health and fitness gym at Chapman Gardens, among others.

 

The next steps in finalising the draft Strategy is to develop a communications plan and community consultation strategy, so that the community is able to provide its feedback between January and March 2020. A report will subsequently be provided to Council’s Ordinary Meeting at the end of March 2020 outlining the outcomes of the consultation and, where necessary, proposing a strategic response. 

Financial Implications

 

A work program has been developed to the value $125m for capital projects (new, upgrades and renewal) for delivery in the first 5 years of the Strategy. The proposed program in years 1-5 is to be primarily funded from a combination of sources that have been budgeted in the Long-Term Financial Plan. These include Council’s established Parks and Building Asset Renewal programs, grants currently approved (incl Liveability fund for Regatta Park), S7.11 (LOSP and District, subject to re-exhibition) and, funding from the transfer of $1m annually from the City Centre Renewal Program (given the nexus with the draft Strategy) which has available funds from 2019-2020 as a result of being delivered over an accelerated period.

 

The proposed investment in open space, play, sport and recreation projects outlined will be required to be incorporated in future operational plans, as well as annual asset renewal and maintenance budgets.

 

Risk Implications

Risks associated with the delivery of this project will be managed within the organisation’s Risk Register.

Conclusion

The draft Strategy forms the roadmap for the future provision of open space, play, sport and recreation in the City.

 

The draft Strategy reflects the needs and expectations of our growing community while setting a framework for the creation of an active, safe, healthy and vibrant city that enhances Penrith’s reputation as a liveable city.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Sport and Recreation Strategy - Public Exhibition be received

2.     A communications plan is to be developed to advise the community about the draft Penrith Recreation Sport and Recreation Strategy and the community consultation process.

3.     Community consultation is to be undertaken between January and March 2020.

4.     A further report be provided to Council’s Ordinary Meeting at the end of March 2020 outlining the outcomes of the consultation and, where necessary, proposing a strategic response.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

18      RFT 19/20-21 Manufacture and Delivery of Caravans                                                  103

 

19      Conduct of the 2020 Local Government Election                                                          107

 

20      2018-19 Penrith City Council Annual Report                                                                 110

 

21      Adoption of the Engagement Strategy, with the Community Participation Plan           112

 

22      Organisational Financial Review - September 2019                                                     117

 

23      Code of Conduct - Report on Complaints Statistics                                                      121

 

24      2020 Proposed Council Meeting Calendar                                                                    123

 

25      Outcomes of recent legal proceedings                                                                          127

 

26      Summary of Investment & Banking for the Period 1 October

 2019 to 31 October 2019                                                                                              130

 

 

 

 

 

 



Ordinary Meeting                                                                                         25 November 2019

 

 

 

18

RFT 19/20-21 Manufacture and Delivery of Caravans   

 

Compiled by:               Gowry Gowrythasan, Acting City Presentation Manager - Civil Operations

Authorised by:            John Gordon, City Presentation Manager   

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Optimise the use of Council’s fleet, plant and equipment to minimise risk and reflect lifecycle costs

      

 

Executive Summary

A tender for the Manufacture and Delivery of nine (9) Civil Works Caravans was advertised in the Sydney Morning Herald on 8 October 2019 and Western Weekender on 10 October 2019. The tender closed on 30 October 2019.

 

The efficient and effective use of plant to support operational requirements is a key focus of Council’s Plant Optimisation Strategy. This strategy aims to ensure Council is optimising fleet size, maximising vehicle productivity, minimising downtime or unproductive plant, with a view to reducing whole of life costs. This strategy identified the requirement for the replacement of nine work caravans utilised by Civil Works staff due to age, increased maintenance costs and changing operational requirements. 

 

The report advises Council of the outcome of the tender process and recommends that the tender from Traymark Industrial Caravans Pty Ltd, for the lump sum price of $669,553 (excluding GST), be accepted for the manufacture and delivery of 9 Civil Works Caravans.

 

Background

There are nine (9) Civil works caravans that have been identified for replacement as part of the Council’s Plant Replacement program. As part of the Plant Optimisation Program, Council has overtime reduced the number of caravans used by the Civil Works teams. The remaining nine caravans are more than 20 years old, lack insulation, and the downtime and maintenance costs are constantly increasing due to their age.

Council’s Civil Works teams carry out maintenance and construction work in rural and semi-urban areas where the facilities can be very limited. These teams have their own caravans that carry work tools, materials, construction drawings, and statutory paper work to effectively and efficiently perform their work. It is important to provide access to shelter for taking meal breaks, and to protect them against adverse weather conditions. 

The current caravans have reached the end of their serviceable life and do not have appropriate facilities to support staff. The current vans have no air conditioning, are not insulated and lack contemporary support facilities. Increases in the frequency of days over 35 degrees in Western Sydney has seen the need for improved worker comfort to be considered. The new caravans will be sustainable, incorporate air conditioning, insulation, toilet and have an onsite generator driven by a solar energy source.



 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Greg Rodwell (Workshop Coordinator), Matthew Nicholson (Operations Coordinator-Civil Works), Gowry Gowrythasan (Acting City Presentation Manager-Civil Works, Workshop and Fleet Operations) and was chaired by John Gordon (City Presentation Manager). Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.


Tender Evaluation Criteria

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

·    Business References

·    Demonstrated Ability

·    Financials

·    Environmental Management

·    Quality Assurance Systems

·    Local Supplier

·    Work Health & Safety


Tenders Received

A total of six (6) tenders were received by the closing date of the advertised tender and are listed below in alphabetical order.

Company

Tendered Price (excl.GST)

Company Address

Owners/Directors/Secretary

Allweld Manufacturing Pty Ltd

$746,190

11-13 Gateway Court Tinana QLD 4650

Andrew Mark Shilleto
Jo-anne Margaret Shilleto

Amtek Pty Ltd

$1,273,190

2-4 Marigiold St
Revesby NSW 2212

Alan H Moses

Overlanda Caravans Pty Ltd

$637,159

Shed 6/24 Alfred St
Ararat VIC 3377

Gerald Hurkens
Nicole Hurkens

Signature Custom Floats Pty Ltd

$710,743

9 Sabre Close
Rutherford NSW 2320

Neil James Green

Traymark Industrial Caravans Pty Ltd

$669,553

32 Wheeler Crescent
Currumbin Waters QLD 4223

Mark Gabriel

Vansite Manufacturing Pty Ltd

$853,650

36 Ivan St
Arundel QLD 4214

Grant Gasiner


Amtek Pty Ltd was not considered further, as their tendered price was beyond the available budget. Vansite Manufacturing Pty Ltd was also not considered further, as they did not submit a conforming price schedule.


Criteria Evaluation

All remaining four (4) tenderers were assessed against the non-price evaluation criteria. Allweld Manufacturing Pty Ltd and Traymark Industrial Caravans Pty Ltd demonstrated high in effectiveness in all areas of demonstrated ability, environment and work health and safety. They also provided a satisfactory layout of the caravan in accordance with the specification.

Following the criteria assessment, the tender from Traymark Industrial Caravans Pty Ltd was considered by the Tender Evaluation Committee, to be the best value for money in terms of effectiveness and price.

Traymark Industrial Caravans Pty Ltd was selected based on their experience, demonstrated ability to meet Council’s requirements, effectiveness in the delivery of caravan, and the competitive price.   


Financial Implications

In the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Traymark Industrial Caravans Pty Ltd. These checks are currently in progress with Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded. The report recommends acceptance of the tender by Traymark Industrial Caravans Pty Ltd, subject to completion of financial checks. The works provided for in this tender will be provisioned for from the Plant Replacement Program. 

 

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen – Director City Services, Glenn McCarthy - Governance Manager and Lana Axford – Supply Coordinator, met to consider the report and recommendations in relation to the tender for the manufacture and delivery of four single axle work caravans and five dual axle work caravans.

 

The TAG considered the recommendations in relation to the tender, noting that the recommended tenderer is providing the best value for money. The company has demonstrated its ability to meet Council’s requirements and their proposal was 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.

 

Risk Implications

Working under the conditions of high or low air temperature can contribute to fatigue and heat or cold related illnesses to workers.

As part of the risk assessment, the Plant Replacement Committee recommended replacing nine Civil Works caravans to provide Outdoor workers access to shelter for meal breaks, facilities, storing tools, materials, and to protect them against adverse weather conditions. The new Civil Works caravans will assist in the management of health and safety for workers in adverse weather conditions. 


Conclusion

Based on both effectiveness and price evaluation, the Tender Evaluation Committee is of the opinion that Traymark Industrial Caravans Pty Ltd provided a competitive price and demonstrated its capability in accordance with the tender requirements.

It is therefore recommended that the tender from Traymark Industrial Caravans Pty Ltd, for the lump sum price of $669,553 (excluding GST), be accepted for the Manufacture and Delivery of both four (4) single axle works caravans and five (5) dual axle works caravans.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 19/20-21 Manufacture and Delivery of Caravans be received

2.     Traymark Industrial Caravans Pty Ltd, for the lump sum price of $669,553 (excluding GST), be awarded for the Manufacture and Delivery of both four (4) single axle works caravans and five (5) dual axle works caravans.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

19

Conduct of the 2020 Local Government Election   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support the Councillors in meeting their obligations and roles as community representatives

      

 

Executive Summary

Councils are obliged to resolve who will be responsible for the administration of their elections under s296AA(1) of the Local Government Act 1993. Recent amendments to the Act limit councils to either engaging the NSW Electoral Commission (NSWEC) or engaging another electoral services provider. The option for the General Manager to directly run an election without the assistance of an electoral services provider has been removed.

Council at its 23 September 2019 meeting resolved to not engage the NSWEC and to engage the services of an electoral services provider subject to a further report outlining the details of any engagement.

Background

Council resolved for the 2012, 2016 and 2018 (By-Election) local government elections, to engage the services of the Australian Election Company (AEC) to conduct the Council’s elections. The AEC has successfully undertaken this assignment professionally with no significant issues being raised by candidates or staff over this time.

The AEC has previously offered Council the option of either partially outsourced electoral services or to conduct the entire election. Council has accepted the hybrid model of electoral services, whereby Council staff have undertaken several administrative matters, such as advertising and the provision of an office for the Returning Officer, due to the cost savings that could be achieved through local supplier relationships.

The AEC was found in these elections to be responsive and utilised Council’s local area knowledge, which had been especially useful when the decision-making regarding the placement of Polling Places occurred.

It was observed that the performance of AEC compared to NSWEC, produced comparable results in relation to the timing of the declaration of the poll.

By engaging the AEC it is estimated that Council has saved approximately $100,000-$150,000 compared to what it may have cost by utilising NSWEC at each election.

Current Situation

Council received a report in September of this year to consider the administration of the 2020 Local Government Elections and resolved to not engage the NSWEC and to engage the services of an electoral services provider subject to a further report outlining the details of any engagement.

 

Both the NSWEC and AEC have provided Council with indicative cost estimates for the conduct of the 2020 Local Government election. These indicative quotes have demonstrated again the significant cost savings that Council can achieve by utilising the services of an electoral services provider, while also maintaining a high level of service utilising local knowledge.

The NSWEC cost estimate was $1,123,676 excluding GST.

The AEC cost estimate was $858,266 excluding GST

Included in the cost estimate from the AEC are a number of areas of potential cost savings Council can achieve by conducting some of the administrative and logistical elements of the elections in house. While it is difficult to predict these savings, there is the potential to further reduce the cost of the election by $50,000-$100,000.

Other Considerations

Based on Council’s experience, enquiries with other councils and the recent review of the costs of conducting local government elections undertaken by IPART, Council staff are confident there are only two legitimate providers capable of providing the Council with electoral services, with one of those being the NSWEC. The recent IPART Review into the cost of elections dealt with competition in the market describing it as a near monopoly specifically stated that “there is only one private provider in the market, the Australian Election Company”.

 

Accordingly, Council staff recommend the engagement of the AEC and that Council use the provisions contained in Clause 55 (3) (i) of the Act. This Clause states that the tender provisions do not apply to a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders. In these particular circumstances Council staff believe it is legitimate for the Council to rely on the unavailability of competitive or reliable tenders section of this Clause.

 

Risk Implications

The running of a council election is a complex and significant task. There are inherent risks associated with Council engaging an electoral services provider as opposed to NSWEC. However, these risks are mitigated through the engagement of a suitably experienced and qualified electoral services provider which Council has been successful in working with at previous elections in addition to Council staff who now have significant experience in overseeing the process.

Conclusion

The next Council election will be held on 12 September 2020. Council has previously passed a resolution to engage an electoral services provider.

Based on experience and the information available it is considered that the Australian Election Company can provide an effective and efficient electoral service to Council.  Council has previously demonstrated this and conducted successful elections 2012, 2016 and 2018 (By-election) while being able to achieve significant savings.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Conduct of the 2020 Local Government Election be received.

2.     A tender process not be entered into in accordance with Section 55 (3)(i) of the Local Government Act 1993 because a satisfactory result would not be achieved due to the unavailability of competitive tenderers

3.     The General Manager be authorised to engage the Australian Election Company to administer the election subject to a satisfactory terms being agreed upon.

4.     Council write to the Office of Local Government and NSWEC advising of this decision and of the nominated Returning Officer and Substitute Returning Officer when this information is available.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                         25 November 2019

 

 

 

20

2018-19 Penrith City Council Annual Report   

 

Compiled by:               Craig Shepherd, Corporate Reporting Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

Deliver our services to provide best value for money

Service Activity

Tell our community and stakeholders about how we are delivering  on our commitments to them

      

 

Executive Summary

Under the Local Government Act (1993), Council must produce an Annual Report each year and submit it to the Office of Local Government by 30 November.  The report must focus on our performance in implementing our adopted Delivery Program and Operational Plan, but must also include a range of other information as specified in the Local Government Act and Regulations, and other legislation.   

 

Content for the Annual Report has been drawn from the Delivery Program Progress Reports, and supplemented with additional information sought from management and staff in order to meet our legislative reporting requirements and ensure our community has a good understanding of our activities. 

 

The 2018-19 Annual Report is provided as a separate enclosure to this report.

It is recommended that the information contained in this report and the 2018-19 Penrith City Council Annual Report be received; and that the 2018-19 Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2019.

Background

Council’s Annual Report must be presented to the Minister for Local Government and posted on Council’s website within 5 months of the end of the financial year.  The Local Government Act and Regulations, along with other legislation, set out the information that must be included in the Report. 

 

The Annual Report focuses on what we have achieved in implementing our Delivery Program and Operational Plan from July 2018 to June 2019 and includes highlights, challenges, information about the Penrith local government area and information on several other statutory matters including financial results for the reporting period.  

 

The format and content of the Annual Report has been built on feedback from the Australasian Reporting Awards (ARA) and internal stakeholders.  This year’s Annual Report aims to be a comprehensive and visual representation of Council’s activities, services and achievements. 

 

Conclusion

The Annual Report is an opportunity to share with the community the things we have achieved, the challenges we have faced and how we have operated as an organisation.  The Annual Report will be fully accessible and available via our website. 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2018-19 Penrith City Council Annual Report be received

2.     The 2018-19 Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2019.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         25 November 2019

 

 

 

21

Adoption of the Engagement Strategy, with the Community Participation Plan   

 

Compiled by:               Snezana  Gorgieva, Corporate Planner

Allegra Zakis, Corporate Planning Coordinator

Breannan Dent, Planner

Authorised by:            Kamil Janji, Acting Business Transformation Manager

Natasha Borgia, City Planning Manager  

 

Outcome

We have confidence in our Council

Strategy

Keep our community informed about what Council is doing  and how they can have their say in decisions that affect them

Service Activity

Ensure our corporate planning documents reflect how council will respond to community needs within organisational capacity

      

 

Executive Summary

Council is required to prepare and adopt a Community Engagement Strategy (CES) and a Community Participation Plan (CPP). The two have been prepared in a single document to meet legislative requirements for both Integrated Planning and Reporting and the Environmental Planning and Assessment Act 1979.

The Community Engagement Strategy sets out Council’s approach to engagement and how Council will engage with the community to inform the development of the next Community Strategic Plan. The Community Participation Plan sets out how the community can be involved in planning and development decisions. The Community Participation Plan must be adopted by 1 December 2019.

The Community Engagement Strategy, incorporating the Community Participation Plan, was presented to Council on 23 September. The CES and CPP document was placed on public exhibition under Section 402 of the Local Government Act 1993 and Schedule 1 to the Environmental Planning and Assessment Act 1979, from 24 September to 4 November 2019. During the 43 day exhibition period, Council received a total of thirty-two submissions through twenty-five online surveys, five printed surveys and two phone calls.

This report seeks Council’s adoption of the Community Engagement Strategy and included Community Participation Plan (provided in Attachment 1).

Exhibition

The draft CES and CPP were exhibited for 43 days, from 24 September to 4 November 2019,  significantly longer than the legislative minimum of 28 days. The decision to exhibit the documents for a longer period was made based on the importance of the community understanding how to be involved in decision making processes and the scope of engagement to develop the Community Strategic Plan. The public exhibition process included an optional survey and encouraged community feedback on both the Community Engagement Strategy, and the included Community Participation Plan as well as a ‘quick poll’ about the ease of finding information about a Council decision and share feedback.

The exhibition was promoted through:

·    Drop in sessions, collaborated with the Local Strategic Planning Statement drop in sessions to give the community opportunities to discuss and view the Strategy in more locations across the LGA.
Sessions included: Penrith Civic Centre on 05 October, Glenmore Park Youth and Community Centre on 08 October, St Marys Memorial Hall on 15 October, Berkshire Park Hall on 22 October and Erskine Park Community Centre on 30 October 2019.

·    Information Booth at the Real Festival on Saturday 2 November 2019

·    Local media Western Weekender advertisements on 3, 10, 17 and 24 October 2019.

·    Children’s centres displayed brochure and exhibition FAQ information

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

·    Community Newsletter ‘Call out to Spring’ distributed to all households on 26 September 2019

·    Recorded Message on the Customer Contact Centre main switchboard

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

·    Your Say Penrith Newsletter with an exhibition notification sent to 1,340 emails and opened by 566 people.

During the exhibition period the community had the opportunity to view and comment on the draft CES and CPP, with copies of informing documents, including the FAQ and Penrith Development Control Plan 2014 Appendix F4 available at the Penrith Civic Centre, St Marys Business Office and Council’s libraries and on the Your Say Penrith page.

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

·    A total of 372 visits to the project web page

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

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

·    105* document downloads, and

·    31*¹ engaged visitors (25 surveys completed and 13 quick poll responses)

 

*A single participant can perform multiple actions

¹Two participants completed the survey twice, and five users completed the quick poll and survey

Figure 1 – Online Your Say Penrith engagement webpage visitor summary from 24 September to 4 November 2019

A total of thirty surveys were completed (twenty-five online and five printed), and additional feedback from two phone calls were received to the exhibition of the draft CES. A summary of community feedback received during the public exhibition and Council’s responses are provided in Attachment 2.

Changes following exhibition

The following outlines updates to the CES and CPP which have been made following comments to the exhibition, and proposed changes planned as part of the graphic design process following adoption of the document.

Multilingual translations

The brief introduction to the Strategy was translated in Arabic, Tagalog, Farsi (Persian), simplified Chinese (Mandarin) and Punjabi. 

Section One – Community Engagement Strategy

-   The charts and graphics on pages 4, 5, and 6 will be designed by the internal graphic designer to improve clarity and meet accessibility requirements.

-   Staff profiles were added from pages 8 to 11 to improve community understanding of the diverse ways our community engages with Council through our day-to-day provision of services. Pictures of each Council staff member will be included as part of the graphic design stage of the CES

-   Content under ‘How does Council engage me?’ on page 7 was updated to clearly communicate how the IAP2 framework is used when Council plans to engage the community.

Section Two – Shaping Our Vision for Penrith

-   ‘Engagement challenges and actions to close the gap’ table on page 16 was updated to respond to the comments made to the exhibition.

-   The Community Strategic Plan (CSP) engagement activities will be informed by the comments to the exhibition, with the first phase of engagement starting in late January. A detailed Phase One (CSP) Engagement Plan will be communicated from early January, with an article scheduled to be published in the December Community Newsletter alerting residents of the upcoming engagement to ‘Shape our vision for Penrith’ next year.

Section Three – Community Participation Plan

-   General updates to support the implementation of the following changes.

-   Penrith Development Control Plan (DCP) 2014 Notification and Advertising requirements have been incorporated into the Notification and Advertising section of the CPP. Section F4 ‘Notification and Advertising’ in Penrith DCP 2014 will be removed through a separate amendment reported at a future date to Council after the CPP is adopted.

-   Engagement Principles from the CES, guided by community feedback, have been incorporated in the ‘Application of the Community Participation Plan’ section of the CPP.

-   A new graphic as a guideline indicating the levels of engagement Council can provide for different types of plans or development will be inserted.

 

 

Document layout and general grammar

CES and CPP content has been revised to improve grammar and clarity. Some layout changes have been made, including moving the Statement of Recognition to a single page with further layout changes potentially to be made following as part of the graphic design. 

 

Financial Implications

Community engagement to inform the development of the Community Strategic Plan will occur next year and has been include in the budget for 2019-20. There are no financial implications associated with adoption of the Community Participation Plan.

Risk Implications

Council is legislatively required to meet the 1 December 2019 deadline for submission of an adopted CPP to the Department of Planning, Infrastructure and Environment’s Planning Portal. Without a comprehensive, publicly exhibited Community Engagement Strategy to implement outcomes from the Community Plan, Council runs the risk of not meeting legislative requirements for Integrated Planning and Reporting. These risks will be minimised by adopting the Community Engagement Strategy and Community Participation Plan.

Conclusion

This report seeks Council’s adoption of the draft Community Engagement Strategy, including the Community Participation Plan (with proposed changes outlined in the report and associated attachments), following Council’s consideration of the submissions.

Once Council adopts the revised Community Engagement Strategy which includes the Community Participation Plan, they will be published on Council’s website and the NSW Department of Planning and Environment’s Planning Portal on or before 1 December 2019 to meet Environmental Planning and Assessment Act 1979 requirements. A graphically designed version of the Strategy will be published on Council’s website by 31 January 2020 which will meet all online accessibility requirements.

Sections one and two of the Engagement Strategy relating to Council’s approach to engagement and the Community Strategic Plan will be updated as required by legislation and re-exhibited in 2021 as part of the new Integrated Planning and Reporting suite of plans.

A separate amendment to Penrith DCP 2014 will revoke Attachment F4 ‘Notification and Advertising’ after the Community Participation Plan is adopted and will be reported to Council at a future date.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Adoption of the Engagement Strategy, with the Community Participation Plan be received.

2.     The General Manager be granted delegation to update and finalise the Community Engagement Strategy, with the Community Participation Plan before the adopted document is published.

3.     The adopted Community Engagement Strategy, including the Community Participation Plan be published on the NSW Department of Planning and Environment’s Planning Portal by 1 December.

4.     Graphically designed and accessible version of the adopted Community Engagement Strategy, with the Community Participation Plan be uploaded on the website by 31 January 2020.

 

 

ATTACHMENTS/APPENDICES

1.

Community Engagement Strategy and Community Participation Plan

30 Pages

Attachments Included

2.

Summarised comments to the exhibition

8 Pages

Attachments Included

  


Ordinary Meeting                                                                                         25 November 2019

 

 

 

22

Organisational Financial Review - September 2019   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program for the first quarter period of 1 July to 30 September 2019. The report should be read in conjunction with the Organisational Report – September 2019 (refer attached), which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program, and our progress in completing the organisation’s Operating and Capital Projects for 2019-20.

 

Council projected a balanced budget in the adoption of the Original 2019-20 Operational Plan. The September 2019 Quarterly Review has resulted in a small surplus now being predicted for the quarter and the full year of $61,249.

 

The September quarter has presented some variations to the predicted annual budget as is often the case with this first review, as many of the estimates and assumptions included in the original budget development are confirmed. The most notable variations in this Review relate to savings associated with the Emergency Services Levy first year funding ($160,509) and salary savings ($139,975), which has been offset by lower than expected 2019-20 Financial Assistance Grant ($292,473) and an increase in Merchant Fees ($76,000).

 

Further details on proposed major variations are provided later in this report with more detail in the Organisational Report – September 2019.

 

This report recommends that the Organisational Report – September 2019 be received and that the revised Budget estimates identified in the report and detailed in the Organisational Report – September 2019 be adopted.  

Financial Position for the September 2019 Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating Budget Projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

 

Budget Position

 

$’000s

Original Budget Position

0

September 2019 Quarter Variations Adopted by Council

0

September 2019 Quarter Review Proposed Variations

61

Revised Budget Position Surplus/(Deficit) projected to June 2020

61

 

The predicted cumulative result for the year as at September 2019 is a surplus of $61,249 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the Organisational Report – September 2019.

 

Emergency Services Levy $160,509 F (8%)

After discussions with local councils and the Office of Local Government, it was announced by the NSW Government that it will fund the first year increase of the emergency services levy for all local councils. This levy increase is a new NSW Government measure to provide better workers’ compensation coverage for volunteer and career firefighters who are diagnosed with one of twelve specific work-related cancers.  Council had originally provisioned for this increased cost as part of the adoption of the 2019-20 operational Plan in June this year.

 

Net Salary Savings $139,975 F (0.1%)

During the first quarter of 2019-20 salary savings have been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $139,975.

 

Financial Assistance Grant $292,473 U (3%)

As reported to Council at the Ordinary Meeting on 23 September 2019, advice has now been received confirming Council’s 2019-20 Financial Assistance Grant entitlement. The Financial Assistance Grant (FAG) allocated this year is a net $288,478 less than budgeted, comprised of $292,473 less than estimated during the budget process for the General component and $3,995 more than estimated during the budget process for the Roads component. It is proposed that these changes will be incorporated into the September 2019 Quarterly Review and that this will include adjusting the Roads budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

 

 

 

 

Merchant Fees $76,000 U (61%)

As a result of Council removing the credit card surcharge on payments in the last financial year, and also the higher volume of transactions being received, the cost of merchant fees are tracking significantly higher than expected.  The annual budget has been adjusted to reflect this trend. The Benefit though, is that more and more residents are paying electronically rather than through more costly administrative manual means.

 

Other variations with no impact on Available Funds

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – September 2019.

 

There are no Revotes proposed for the September 2019 Quarter.

Ripples Transition

As reported to Council at the Ordinary Meeting 24 June 2019 the Ripples Board expressed their agreement for Council to transition back the operations of the Aquatic Facilities. This has involved the establishment of an Aquatic Services Business Unit within the Council’s organisational structure, and the incorporation of the Ripples annual budget within Council’s 2019-20 budget. A reconciliation is being finalised determine Ripples account balances and confirm appropriate budgets.

The projected operational budget at this time is $5.4m, and sufficient contingencies and provisions have been established within Council’s reserves to fund the first year was provided in Council’s resolution to transition the operations back. Funding beyond this will be factored into Council’s budget.

 

Financial Implications

 

Adopting the recommendations within this report will mean Council’s 2019-20 Budget is revised to a $61K surplus. Further details of the financial implications are contained within the attached Organisational Report – September 2019.

Risk Implications

Clause 203 of the Local Government Regulation requires that the budget review statements and a revision of estimates must be reported to Council within two months after the end of each quarter (except the June quarter). This quarterly review incorporates a comprehensive analysis of budgets vs actual across all areas of the organisation, and also proposes variations to annual budget to be approved by the Council.

 

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability. The September 2019 quarterly review has been updated with the best available information however there is every likelihood that more favourable and unfavourable variations will occur throughout the next nine months. Such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – September 2019 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a small surplus being projected to June 2020.

 

The Organisational Report – September 2019 will be placed on Council’s website and will be available in hard copy on request.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Financial Review - September 2019 be received.

2.     The Organisational Financial Review - September 2019 as at 30 September 2019, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2019, be adopted.              

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Performance Report September 2019

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                         25 November 2019

 

 

 

23

Code of Conduct - Report on Complaints Statistics    

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG).

 

This report will provide Council with complaints statistics as required under section 11.1 of the Model Code of Conduct Procedures before being forwarded to the OLG. This year’s report on Code of Conduct complaint statistics concerning Councillors and the General Manager is a ‘nil’ return.

Background

Council has adopted a Code of Conduct, consistent with the Model Code which incorporates the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12 month reporting period.

 

Current Situation

 

Under Section 11.1 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator must arrange for a range of statistics to be reported to Council and subsequently be forwarded to the OLG

 

The tables below provide the statistics for the period beginning 1 October 2018 through to 30 September 2019:

 

Table 1:

 

Code of Conduct Statistics

Totals/Outcomes

Complaints made about Councillors and the General Manager*

0

Complaints referred to a conduct reviewer

0

Complaints finalised by a conduct reviewer at the preliminary assessment stage

0

The outcome of complaints finalised at the preliminary assessment stage

N/A

The number/outcome of Complaints investigated by a conduct reviewer

0

The number/outcome of Complaints investigated by a conduct review committee

0

The number/outcome of matters reviewed by the OLG

 

0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager and do not form a part of this reporting requirement.

 

Table 2:

 

Total cost of dealing with complaints during the period (including staff costs)

$0

 

Conclusion

This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 October 2018 to 30 September 2019.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                         25 November 2019

 

 

 

24

2020 Proposed Council Meeting Calendar   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's meeting calendar, meeting process and business papers

      

 

Executive Summary

The purpose of this report is to propose and adopt a Meeting Calendar for 2020. The report recommends that the draft Meeting Calendar for 2020 be adopted. If adopted, Council will have 11 Ordinary Council Meetings, 6 Policy Review Committee (PRC) Meetings and a number of other meetings, including Councillor Briefings, Working Parties and Committees.

 

In preparing the draft Meeting Calendar, staff have taken into consideration a number of statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments, including significant conferences.

Background

Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month.

 

Since 2013, the adopted Calendar has held an approach of, where possible, holding 1 PRC and 1 Ordinary meeting a month, primarily held on the second and fourth Monday of every month with other meetings held on the remaining Mondays as required. 

 

This year it is proposed to amend the meeting calendar to reduce the number of Policy Revie Committee meetings and leave those vacant nights to be available to schedule other council meetings if and as required, such as councillor briefings, working parties and committee meetings.

 

Current Position

This year Council will have met for 11 Ordinary meetings 8 PRC meetings, 25 Councillor Briefings (5 held after PRC meetings) which represents a total of 39 (not including the 5 Briefings held after PRC) meetings for the year.

 

For the most part it appears that the basis of this year’s meeting calendar has been successful, with only a small number of changes required to the meeting calendar throughout the year, namely a number of additional Briefings held on the same evening as Policy Review Committee meetings. Council staff will continue to strive to provide information to Councillors in 2020 while managing the number of meetings held. However this year it has become apparent that the number of reports taken to Policy Review Committee meetings has decreased, this has been as a result of more items being briefed to councillors before then being taken directly to Ordinary meetings for adoption. Policy Review Committee meetings have averaged only 3 items and only 50mins in duration. While Policy Review Committee meetings remain important it is considered that reducing the number of meetings will result in more meaningful agendas and free up other Monday nights for councillor briefings or other meetings when required.

 

It is proposed in 2020 that the Meeting Calendar will be based around holding 1 Ordinary meeting a month and 1 PRC meeting every second month where possible. There is one instance in the second half of the year, due to the local government elections, a public holiday and the LGNSW Annual Conference where a PRC cannot be held in September/October. Council meetings will be held on the fourth Monday and PRC meetings will occur on the second Monday in months which they fall. It is considered that this approach will continue to provide a level of consistency for Councillors and the community alike. It is proposed that other Mondays where there is no public holiday will be utilised for Councillor Briefings, working parties and committees as required or otherwise remain vacant. All meetings will continue to commence at 7:00pm.

 

For 2020 it is proposed to have a total of 33 meetings, which results in 6 less meetings than will be held this year. The difference in the number of meetings can be attributed to a the reduction in Policy Review Committee meetings and the Council election being held in September which limits the available dates for meetings to be held.

 

Draft 2020 Meeting Calendar

A draft Meeting Calendar has been prepared for 2020 and is based on the following assumptions:

 

·   Commencing with a Councillor Briefing on 3 February 2020

 

·   where possible Policy Review Committee meetings being held on the 2nd Monday of every month and Ordinary meetings on the 4th Monday of each month

 

·   at least one Ordinary Council Meeting each month (except for January)

 

·   the Mayoral and Deputy Mayoral Election being held on the fourth Monday in September (28 September 2019)

 

·   meetings where possible alternating so that there are not successive meetings of the same type from week to week

 

·   the meeting cycle concluding with an Ordinary Council Meeting on the second Monday in December – i.e. 14 December 2020

 

·   The Council Election on 12 September 2020 impacting on available meeting dates in September

 

The draft calendar has been discussed with the relevant staff and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the various corporate planning documents.

 

In compiling the Calendar, consideration has been given to:

 

1.   Public Holidays

·   Friday 27 January 2020 – Australia Day

·   Friday 10 April 2020 – Good Friday

·   Monday 13 April 2020 – Easter Monday

·   Thursday 25 April 2019 – ANZAC Day

·   Monday 8 June 2020 – Queen’s Birthday

·   Monday 5 October 2020 – Labour Day 

2.   Other known likely commitments such as:

·   Local Government NSW (LGNSW) Annual Conference, Hunter Valley (11-13 October 2020)

·   UDIA Conference, Melbourne (17-19 March 2020)

·   National General Assembly, Canberra (14-16June 2020)

·   Floodplain Management Conference, Canberra (19 May – 22 May 2020)

 

Conclusion

The draft Meeting Calendar for 2020 (as appended) has been prepared in accordance with the Local Government Act 1993. It incorporates at least one Ordinary Council Meeting for the months of February through to December as required.

 

It is proposed that 11 Ordinary Council meetings and 6 Policy Review Committee meetings will be held in 2020 in addition to a number of other forums such as Councillor Briefings, Working Parties and Committees.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2020 Proposed Council Meeting Calendar be received.

2.     The draft Meeting Calendar for 2020 be adopted.

 

 

ATTACH