Council_Mark_POS_RGB

5 January 2022

 

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 remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 10 January 2022 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 - 22 November 2021.

 

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

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE



ORDINARY MEETING

 

Monday 10 January 2022

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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 one 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.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


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


Mayor 



Governance Coordinator Adam Beggs






Minute Clerk

Media

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Gallery

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Managers

 

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.

 

 

 

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2022 MEETING CALENDAR (To be confirmed)

January 2022 - December 2022

(Proposed for adoption by Council – 10 January 2022)

 

 

 

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

 

 

 

 

 

2v

 

 

 

 

 

 

 

 

 

 

 

10^

 

21@

 

28

 

30#

27*

25

22@

26^

31ü

28#+

12

Policy Review Committee

7.00pm

 

 

 

 

14

 

9

 

11

 

12

 

14

 

 

 

 

 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 and/or Deputy Mayor

 ü

Meeting at which the 2021-22 Annual Statements are presented

 

Meeting at which any comments on the 2021-22 Annual Statements are adopted 

 +

Meeting at which the Annual Report is presented

 >

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

-            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 the Council, please contact Adam Beggs, Governance Coordinator on 4732 7597.

 

 

 


UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY 22 NOVEMBER 2021 AT 7:31PM

 

NATIONAL ANTHEM

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.

 

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

 

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

PRESENT

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

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 October 2021

 249  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 25 October 2021 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non- Pecuniary Conflict of Interest – Significant in Item 1 -  Warragamba Dam Raising SSI-8441, Item 4 - Submission in response to the draft Greater Sydney Water Strategy and Item 6 - Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189), as he is involved with an individual running on his ticket for the election, who is associated with Sydney Water. Councillor Kevin Crameri OAM stated that he would not take part in debate or voting on this matter and would leave the meeting during consideration of these items.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries, as he is a paid member at Wallacia Golf Club which is one of the potential sites.

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 9 –  RFT21/22-19 The Great River Walk Safety Lighting, as one of her family members is an employee of the winning tender.

 

Mayoral Minutes

 

1        Penrith Panthers Key to the City                                                              

250  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Penrith Panthers Key to the City be received.

 

2        Thank you Councillor Greg Davies                                                           

251  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain that the Mayoral Minute on Thank you Councillor Greg Davies be received.

Councillor John Thain requested acclamation be shown to Councillor Greg Davies. 

 

 

Notices of Motion

 

1        Delegation of Civic and Ceremonial Duties                                             

252  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies that Penrith Council delegate the authority to Karen McKeown, Tricia Hitchen and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

Councillor Robin Cook left the meeting, the time being 8:40pm.

 

2        Political Parties - Local Government Elections

Councillor Robin Cook returned to the meeting, the time being 8:41pm.

         

A MOTION was MOVED by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that Council write to the NSW State Government requesting appropriate changes to be made to prohibit political parties running at local government elections.

 

The MOTION was PUT.

 

For

Against

 

Councillor Kevin Crameri OAM

Councillor Karen McKeown OAM

Councillor Marcus Cornish

Councillor Bernard Bratusa

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

                          

Councillor Tricia Hitchen

 

Councillor Brian Cartwright

 

Councillor Jim Aitken OAM

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Aaron Duke

 

The MOTION was LOST.

 

3        Dedication  - Australian Defence Force                                                   

254  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that Council actively support the request from Air Dispatch Association of Australia to dedicate a tree, park bench, seat or plaque in Memory Park in support of ADF members, subject to the advice of the RSL sub-branch.

 

Councillor Bernard Bratusa left the meeting, the time being 8:56pm.

 

Councillor Tricia Hitchen left the meeting, the time being 8:57pm.

 

Councillor Bernard Bratusa returned to the meeting, the time being 8:58pm.

 

Councillor Tricia Hitchen returned to the meeting, the time being 8:59pm.

 

4        Factory Road and Loftus Street - Footpaths                                           

255  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee that an urgent report be brought to Council regarding the push for footpaths to be installed at Factory Road and Loftus Street area.

 

Councillor Kath Presdee left the meeting, the time being 9:01pm.

 

Questions on Notice

 

1        Rural Boundary Clearing Code                                                                 

Councillor Kevin Crameri OAM ASKED:

 

Has Council adopted the Rural Boundary Clearing Code developed by the NSW Government or is it intending on adopting?

 

Note

The Mayor, Councillor Karen McKeown OAM referred Councillors to a memorandum distributed earlier to councillors responding to this question.

 

 

Councillor Kath Presdee returned to the meeting, the time being 9:04pm.


 

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 13 October 2021                                                                            

256  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 October, 2021 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 1 November 2021                                                           

257  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 November, 2021 be adopted.

 

3        Report and Recommendations of the Heritage Advisory Committee Meeting held on 3 November 2021                                                           

258  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 3 November, 2021 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 8 November 2021                                                           

259  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 November, 2021 be adopted.

 

5        Report and Recommendations of the Resilience Committee Meeting held on 10 November 2021                                                                        

260  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 10 November, 2021 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:07pm.

 

Councillor Aaron Duke left the meeting, the time being 9:07pm.

 

Outcome 2 - We plan for our future growth

 

1        Warragamba Dam Raising SSI-8441                                                         

261  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on Warragamba Dam Raising SSI-8441 be received

2.     The draft submission attached be endorsed as Council’s submission on the application.

Councillor Tricia Hitchen FORSHADOWED a MOTION

          That:

1.    The information contained in the report on Warragamba Dam Raising SSI-8441 be received

2.    The draft submission attached be endorsed as Council’s submission on the application.

3.    While Council supports raising of the dam wall, we ask that further investigations be done into the issues raised in this report.

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Mark Davies:

          That:

1.    The information contained in the report on Warragamba Dam Raising SSI-8441 be received

2.    The draft submission attached be endorsed as Council’s submission on the application.

3.    In principle, this Council accepts the raising of the dam wall, subject to clarification of the EIS matters raised in the report to Council.

 

The AMENDMENT was PUT.

The AMENDMENT was LOST.

 

The MOTION was PUT.

The MOTION was CARRIED.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:30pm.

 

Councillor Aaron Duke returned to the meeting, the time being 9:30pm.

 

2        Re-exhibition of Draft Mamre Precinct Development Contributions Plan                                                                                                               

262  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies

That:

1.     The information contained in the report on Re-exhibition of Draft Mamre Precinct Development Contributions Plan be received.

2.     Council endorse the revised draft Section 7.11 Plan Development Contributions Plan for the Mamre Road Precinct and background report (under separate cover) for public exhibition.

3.     The plan be exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations for a minimum of 28 days.

4.     At the conclusion of the exhibition period, a further report be provided to Council on the submissions received during the first and second exhibition periods.

 

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

For

Against

 

Councillor Karen McKeown OAM

 

Councillor Bernard Bratusa

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia Hitchen

 

Councillor Brian Cartwright

 

Councillor Jim Aitken OAM

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Aaron Duke

 

Councillor Kevin Crameri OAM

 

Councillor Marcus Cornish

 

 

3        Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper                            

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

That:

1.     The information contained in the report on Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper be received.

2.     Council endorse the submission on the Explanation of Intended Effects (EIE) of amendment to State Environmental Planning Policies relating to the Western Sydney Aerotropolis, the Open Space Needs Study, Draft Aerotropolis Development Control Plan (DCP) Phase 2 and the Luddenham Village Discussion Paper, provided as Attachment 1 to this report to be provided to the Department of Planning, Industry and Environment for their consideration

3.    Council support Option 4 in principal, subject to the details listed in the report.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:38pm.

 

Councillor John Thain left the meeting, the time being 9:38pm.


 

 

4        Submission in response to the draft Greater Sydney Water Strategy 

264  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Submission in response to the draft Greater Sydney Water Strategy be received.

2.     Council endorse the submission on the draft Greater Sydney Water Strategy, allowing it to be forwarded to DPIE for consideration.

 

 

6        Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189)                                                                                                       

265  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney

That:

1.     The information contained in the report on  Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189) be received.

2.     The draft submission attached be endorsed as Council’s submission on the application.

 

 

 

5        Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries                                          

266  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook

That:

1.     The information contained in the report on Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries  be received

2.     Council endorse the submission on the proposed amendment to State Environmental Planning Policies regarding an amended development assessment pathway for cemeteries, provided as Attachment 1 to this report to be provided to the Department of Planning, Industry and Environment for their consideration.

 

 


 

 

7        RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software                                                                      

267  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software be received

2.     Novoplan Trading Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT 21/22-11 Voluntary Planning Agreement and Contributions Planning Software for an amount of $940,281.43 excluding GST over 5 years.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:42pm.

 

Councillor John Thain returned to the meeting, the time being 9:42pm.

 

 

Outcome 4 - We have safe, vibrant places

 

8        RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys                                                                                                            

268  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke that the information contained in the report on RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys be received.

 

25      RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys (Amended)                                                                                        

269  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys (Amended)   be received

2.     It be recorded that the previously recommended tenderer, Trinity Commercial Interiors Pty Ltd, has withdrawn their tender with apologies.

3.     Designex Group Pty Ltd be awarded the Contract for the RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys for an amount of $1,072,154 excluding GST subject to the receipt of an acceptable financial report and the execution of a formal agreement.

4.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

9        RFT21/22-19 The Great River Walk Safety Lighting                                

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

That:

1.     The information contained in the report on RFT21/22-19 The Great River Walk Safety Lighting be received

2.     The Tender from Hix Group Pty Ltd for the amount of $296,608.00 (excluding GST) be accepted for RFT21/22-19 The Great River Walk Safety Lighting project.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

10      Naming of Reserve - Max Baker Reserve, Jamisontown                       

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

That:

1.     The information contained in the report on Naming of Reserve - Max Baker Reserve, Jamisontown be received

2.     Council endorse the naming of the reserve at 25a Harris Street, Jamisontown - Lot 94 DP252547 as Max Baker Reserve and advice be provided to the Geographical Names Board in this regard to enable the official gazetting.

3.     Following gazettal, a sign denoting the reserve name be installed and an official naming ceremony be held.

 

 

Outcome 5 - We care about our environment

 

11      Cooling the City: Planning for Heat Issues Paper and Advocacy Plan

272  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook

That:

1.     The information contained in the report on Cooling the City: Planning for Heat Issues Paper and Advocacy Plan be received

2.     The Cooling the City: Planning for Heat Issues Paper and Advocacy Plan be endorsed by Council

 

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      Penrith Panthers Fishfest Sponsorship                                                   

273  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies

That:

1.     The information contained in the report on Penrith Panthers Fishfest Sponsorship be received.

2.     Penrith Panthers Fishing Club be sponsored for $1,000 from the Community Event Sponsorship funds for Fishfest 2022.

 

13      PP&VA Board Appointments and Constitutional Amendments           

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

That:

1.     The information contained in the report on PP&VA Board Appointments and Constitutional Amendments be received

2.     Council endorse the four-year appointment of the following Community Directors to the Board of Penrith Performing and Visual Arts Ltd – Ms Alison McLaren, Mr Adam Porter and Mr Brett Farrell

3.     Council endorse the two-year appointment of the following Community Directors to the Board of Penrith Performing and Visual Arts Ltd – Mr Don Church and Ms Dale Maxwell-Smith.

 

4.     Council endorse the changes to the Constitution of the Penrith Performing and Visual Arts Ltd, including limiting the number of consecutive terms for a Community Director and limiting the time that an office can be held on the Board, as described in this report.

 

 

Councillor Greg Davies left the meeting, the time being 9:48pm.

 

14      ClubGrant Infrastructure Program - Trinity Drive Recreation Space   

275  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on ClubGrant Infrastructure Program - Trinity Drive Recreation Space be received

2.     Council enter into a funding agreement with NSW Government to receive the $300,000 grant allocation.

3.    Council acknowledge and write to Brock Jurd and Bob Pullan.

 


 

 

Outcome 7 - We have confidence in our Council

 

15      Council Buildings Policy                                                                           

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

That:

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

2.     The Buildings Policy be endorsed by Council.

 

 

16      Code of Conduct - Report on Complaints Statistics                              

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

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of this report along with complaints statistics provided in accordance with 11.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

17      Easement for Electrical Substation 34-102 Gipps Street Claremont Meadows Lot 11 DP1194036                                                                      

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

That:

1.     The information contained in the report on Easement for Electrical Substation 34-102 Gipps Street Claremont Meadows Lot 11 DP1194036 be received

2.     Council grant easements over Lot 11 DP1194036 benefiting Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) for the purposes detailed within this report.

3.     The common seal be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

18      Penrith City Council End Of Term Report 2021                                      

279  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the information contained in the report on Penrith City Council End Of Term Report 2021 be received.

 

 

19      2020-21 Penrith City Council Annual Report                                           

280  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on 2020-21 Penrith City Council Annual Report be received

2.     The 2020-21 Penrith City Council Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2021, subject to minor amendments.

 

 

20      Organisational Financial Review - September 2021                               

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

That:

1.     The information contained in the report on Organisational Financial Review - September 2021 be received.

2.     The Organisational Financial Review - September 2021 as at 30 September 2021, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2021, be adopted.          

 

21      Audit, Risk and Improvement Committee                                                

282  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

 

22      Finalisation of 2020-21 Financial Statements (post public exhibition)

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

That:

1.     The information contained in the report on Finalisation of 2020-21 Financial Statements (post public exhibition)    be received.

2.     Council note the completion of the public exhibition process for Council’s 2020-21 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2021 to the Office of Local Government.

 


 

 

23      2021-22 Borrowing Program                                                                      

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

That:

1.     The information contained in the report on 2021-22 Borrowing Program be received.

2.     Council borrow the $24,000,000 to fund infrastructure assets ($20m for Soper Place Multi Deck Carpark and $4m for City Park).

3.     The General Manager be granted delegated authority to negotiate the loans in accordance with this resolution.

4.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter..

5.     The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts.

 

 

24      Summary of Investment & Banking for the Period 1 October 2021 to 31 October 2021                                                                                          

285  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 October 2021 to 31 October 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 October 2021 to 31 October 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 31 October 2021 be noted.

 

 

Councillor Greg Davies returned to the meeting, the time being 9:53pm.

 

Councillor Mark Davies left the meeting, the time being 9:54pm.

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Council Meeting Viewing Statistics     

Councillor Greg Davies requested a memorandum to all Councillors in regards to the statistics of the amount of people who listen to the webcasting of Council Meetings.

 

RR 2           Thank you to the Community     

Councillor Todd Carney stated thank you to the Council and the community.

 


 

 

RR 3           Purple Poles     

Councillor Kevin Crameri OAM requested a report in relation to the purple poles installed in the outer areas and outlining if Council consulted with Councillors, residents and the RFS.

 

RR 4           Mayo Road, Llandilo 

Councillor Kevin Crameri OAM requested further information in relation to the outcome and investigations in respect to a video provided by himself.

 

RR 5           Works Committee      

Councillor Kevin Crameri OAM requested that the old brick pit on Gascoigne Street, Penrith and Judd Street, Berkshire Park be put on an urgent Works Committee inspection.

 

RR 6           Rural Boundary Clearing Code  

Councillor Kevin Crameri OAM requested that Council respond to the press statements regarding the government Emergency Service Minister in response to the Rural Boundary Clearing code stemming from the bush fire investigations.

 

RR 7           Operational Issue      

Councillor Kevin Crameri OAM requested information in regards to staffing resources, with respect to the inability of officers to respond to requests and whether or not additional staff are required. 

 

RR 8           Female Change Rooms at St Clair Comets Rugby League Club    

Councillor Tricia Hitchen requested that Council assist the St Clair Comets Rugby League Club with the construction of female change rooms and a memo be provided updating councillors.

 

UB 1           Training Equipment for St Clair Comets Rugby League Club.       

Councillor Tricia Hitchen requested that an amount of $3,000 be allocated from East Ward’s voted works to the St Clair Comets Rugby League Club for the purchase of training equipment for 2022.

286  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor Councillor Karen McKeown OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

287  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies that an amount of $3,000 be allocated from East Ward’s voted works to the St Clair Comets Rugby League Club for the purchase of training equipment for 2022.

 


 

 

RR 9           Chameleon Reserve, Erskine Park      

Councillor Tricia Hitchen requested a report regarding the fast-tracking of the Chameleon Reserve Masterplan project.

 

RR 10         Thank you to Council

Councillor John Thain officially thanked his Council peers and Council Officers for their help and support over the last term.

 

RR 11         Cricket Nets at Jordan Springs  

Councillor John Thain requested a memorandum regarding an update on the installation of cricket nets at Jordan Springs.

 

RR 12         Developments on 2.5 Acre Blocks in Llandilo      

Councillor John Thain requested that Council investigate the proposed developments on the 2.5 acre lots in Llandilo in conjunction with Council’s strategic plan.

 

RR 13         Representations to the State Government  

Councillor Ross Fowler OAM requested that Council make representations to the State Government to update the legislation in relation to political representation during the period after an election and before the first council meeting.

 

RR 14         Jim Anderson Oval and Newham Drive Park        

Councillor Ross Fowler OAM requested a memorandum regarding future improvements to Jim Anderson Oval and Newham Drive Park.

 

RR 15         Activation of Water Feature at Thornton Park      

Councillor Ross Fowler OAM requested that Council consider the activation of the water feature located at Thornton Park for the summer.

 

RR 16         Thank you to Access Committee Members 

Councillor Tricia Hitchen requested that Council formally thank and acknowledge the Access Committee members for their contribution.

 

RR 17         Thank you to Heritage Advisory Committee Members 

Councillor Marcus Cornish requested that Council formally thank and acknowledge the Heritage Advisory Committee members for their contribution.

 

RR 18         Thank you to Resilience Committee Members     

Councillor Kath Presdee requested that Council formally thank and acknowledge the Resilience Committee members for their contribution.

 


 

 

Procedural Motion

287 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that Item CW2 - Licence for Temporary Construction Licence for access through 158-164 Old Bathurst Rd, Emu Plains in Committee of the Whole be dealt with in Open Council.

 

CW2 Licence for Temporary Construction Licence for access through 158-164 Old Bathurst Rd, Emu Plains                                                                                                  

188  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

1.     The information contained in the report on Licence for Temporary Construction Licence for access through 158-164 Old Bathurst Rd, Emu Plains be received.

2.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

3.     Council enter into the Licence agreement to Transport for NSW for the temporary access for Sydney Trains to enter 158-164 Old Bathurst Road, Emu Plains.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:13pm.

 


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                                               

   


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

   

Outcome 5 - We care about our environment

 

1        Waste contracts                                                                                                                  1

 

 

Outcome 7 - We have confidence in our Council

 

2        Election of Mayor                                                                                                                9

 

3        Election of Deputy Mayor                                                                                                 13

 

4        Councillor Fees                                                                                                                15

 

5        Councillor Forums and Representations on Working Parties                                         17

 

6        Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations                                                                                                     24

 

7        Local Government NSW Annual Conference 2021                                                         40

 

8        Local Government Remuneration Tribunal - Annual Review for 2022                            47

 

9        2022 Proposed Meeting Calendar                                                                                   54

 

10      Optional Countback Election to fill a Casual Vacancy                                                     58

 

11      RFT21/22-12 Soper Place Project - Project Management Services                               61

 

12      Summary of Investment & Banking for the Period 1 November 2021 to 30 November 2021                                                                                                                                           68

 

 

 

 

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 2 - We plan for our future growth

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

1        Waste contracts                                                                                                                  1

 

 

 



Ordinary Meeting                                                                                             10 January 2022

 

 

 

1

Waste contracts   

 

Compiled by:               Tracy Chalk, Waste and Resource Recovery Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We care for our environment

Strategy

Support our community to use resources wisely

Service Activity

Manage resource recovery and waste collection services

      

 

Executive Summary

Council’s contract arrangements with SUEZ Recycling and Recovery Pty Ltd (SUEZ) include the provision of collection services and the disposal of putrescible waste - putrescible’ waste refers to solid waste which may contain organic matter, general household and commercial waste. Putrescible waste is currently processed/disposed at the Elizabeth Drive Suez Advanced Waste Treatment and landfill site.

SUEZ has been subject to a number of commercial transactions that have recently resulted in a change of control of SUEZ (merged with Veolia) as well as the sale of a number of SUEZ assets. The proposed transactions have been subject to a number of regulatory approvals, including by the Australian Competition and Consumer Commission (ACCC). The result of these transactions for Council is summarised as:

i.        Waste Collection Services: the merger of SUEZ with Veolia causes Council’s collection services contractor (SUEZ) to be subject to a change of control which requires Council’s consent.

ii.       Waste Disposal Services: the sale of the Elizabeth Drive landfill requires Council’s waste disposal contract to be novated as Cleanaway Pty Ltd will own the Elizabeth Drive waste assets. 

 

Waste Collection Services

SUEZ is seeking Council’s consent to a change of control of SUEZ (the current contractor) regarding Council’s waste collection services contract. 

 

The waste collection services contract requires that Council provide formal consent to the change of control which will occur when Veolia is merged with SUEZ.

 

Waste Disposal Services

Given the Elizabeth Drive landfill and other waste infrastructure is the subject of the sale of SUEZ assets to Cleanaway, for Council to continue to continue to deliver putrescible waste to that facility, the disposal contract will be formally novated to Cleanaway.

 

Background

In July 2019 contracts for Council managed waste services commenced with SUEZ for an initial period of ten years. In 2021 correspondence was received from the ACCC regarding the proposed acquisition of SUEZ by Veolia and Veolia’s proposed divestiture of the post collection assets to Cleanaway. The divestiture came into effect on 21 December 2021.

SUEZ has noted Council’s waste collection services contract with SUEZ will not be assigned to Veolia. Under the Contract, the merger is a deemed assignment for consent purposes, for the protection of Council, but there is no actual assignment of the Contract proposed. The Contract will remain between Council and SUEZ Recycling & Recovery Pty Ltd (SUEZ R&R).

 

SUEZ has also noted that Council’s waste disposal contract with SUEZ for the disposal of putrescible waste at the Elizabeth Drive landfill will be subject to the sale of that asset to Cleanaway, so can be novated by substituting Cleanaway as the 'contractor’.

 

Current Situation

Veolia and Suez are global companies that provide water management, waste management and other related services in Australia. They are two of the largest vertically integrated waste management companies in Australia.

 

The ACCC was concerned that the proposed acquisition would likely lead to higher prices or decreased services for national and multi-regional commercial and industrial customers for putrescible waste. Other areas of concern included putrescible waste disposal in Sydney, the undertakings accepted by the ACCC require Veolia to divest assets including the Elizabeth Drive facility to Cleanaway.

 

Waste Collection Services

The ACCC advised on 21/12/2021 that it will not oppose the proposed acquisition of Suez by Veolia after accepting three court-enforceable divestiture undertakings from Veolia. With these divestitures, together with the sale of certain assets to Cleanaway, the ACCC considers the proposed acquisition is not likely to substantially lessen competition.

 

With regard to “everyday” operations, no change is advised or anticipated to either collection other than a change of ownership, to Cleanaway at the Elizabeth Drive landfill. SUEZ legal advice states that from Council’s perspective of its contract, it remains “business as usual” the day before and the day after the change of control which will occur in France at the level of the ultimate parent company of SUEZ R&R.

 

A resolution is sought that Council resolves to consent to the change of control of Council’s waste collection services contractor.

 

Waste Disposal Services

The ACCC advised on 9 December 2021 that it would not oppose the transaction between SUEZ and Cleanaway that would result in the Elizabeth Drive waste assets being purchased by Cleanaway.

 

With regard to “everyday” operations no change is advised or anticipated to putrescible waste processing and landfill practices other than a change of ownership, to Cleanaway at the Elizabeth Drive landfill for the waste disposal services.

 

A resolution is sought that Council resolves to novate the waste disposal contract with SUEZ, substituting Cleanaway Pty Ltd as the ‘contractor’.

 

Financial Implications

This report recommends that Council resolve to consent to the change of control of SUEZ (the current contractor) regarding Council’s waste collection services contract. As there is no actual assignment of the Contract proposed, the Contract will remain between Council and SUEZ R&R and there is no financial impact.

 

The report also recommends Council resolve to novate the waste disposal contract with SUEZ substituting Cleanaway Pty Ltd as the contractor taking on the rights and obligations of the disposal and processing contract with no financial impact. Parent Company Guarantees will be provided as part of a Novation Deed to give effect to any novation of the disposal and processing contract.

Financial background checks have also been completed by Equifax Australasia Credit Ratings Pty Ltd on VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD.  Financial Services have reviewed the financial information and consider these checks are satisfactory.

Legal Services Manager’s Comments

Suez R&R recently wrote to Council to advise that SUEZ S.A and Veolia Environment S.A. have reached agreement to merge operations in several countries around the world, including their waste management operations in Australia. Regulatory approvals of the ACCC and the Foreign Investment Review Board have been provided.

 

There is a clause in the contract between Council and Suez R&R that requires Suez R&R to obtain Council’s approval to any change of control where there is a change to 30% or more of the control. Council’s Contract with SUEZ R&R will not be assigned to Veolia. Under the Contract, the merger is a deemed assignment for consent purposes, for the protection of Council, but there is no actual assignment of the Contract proposed. The Contract will remain between Council and SUEZ R&R.

 

Contracts of the SUEZ companies, such as SUEZ R&R, are not directly impacted by the merger. SUEZ R&R have assured officers that the change of control will not impact the drivers, supervisors, use of vehicles, to carry out the work. There will be no change to the existing reporting and invoicing arrangements.

 

Should Council not agree to the deemed assignment then this will invoke the dispute provisions of the Contract, and place the collection services at risk.

 

Waste Disposal Services

Resource Recovery, Waste Processing and Disposal Services Contract 17/18-08 Part A Garbage, with Suez Recycling & Recovery Pty Ltd, effective from 1 July 2019

Suez Group (SAS) and Suez International (SAS) (parent companies of Suez R&R) have entered into an agreement to sell its waste disposal, waste processing and recycling and resource recovery business carried on at Kemps Creek and Lucas Heights landfill precincts, and Rockdale, Auburn, Artarmon, Belrose and Ryde transfer stations to Cleanaway Pty Ltd, which is ultimately owned by Cleanaway Waste Management Limited.

 

Suez R&R have requested that Council novate the contract for disposal and processing to Cleanaway. This means that Cleanaway will step into the shoes of Suez to take on the rights and obligations of the disposal and processing contract.

 

Parent Company Guarantees will be provided as part of a Novation Deed to give effect to any novation of the disposal and processing contract.

 

If the novation is not agreed, then Council would be required to go to tender seeking services of other providers. It is not recommended that this occur. The disposal and processing contract allows for the novation of the contract in these circumstances.

The sale of the waste disposal assets at Elizabeth Drive to Cleanaway was resolved by the ACCC on 9 December 2021.

 

 

Risk Implications

Waste Collection Services Veolia-Suez Merger

Should Council not agree to the deemed assignment then this will invoke the dispute provisions of the Contract and place the waste collection services at risk.

 

Waste Disposal Services -Novation to Cleanaway

If the novation is not agreed, then Council would be required to go to tender seeking services of other providers. Through the previous tender process, Council has secured most competitive pricing schedules for current services. The disposal and processing contract allows for the novation of the contract in these circumstances.

 

Conclusion

Council’s investigation with regard to this matter supports Council’s adoption of the following recommendations.

 

RECOMMENDATION

That:

1.     The information contained in the report on Waste contracts be received

2.     Council resolve to consent to the change of control of Council’s waste collection services contractor (as provided in Contract no. 17/18-07 dated 24 August 2018) and delegates authority to the General Manager to finalise details of that consent and to execute documents in relation to that consent, as deemed appropriate by Council’s Legal Services Manager

3.     Council resolve to novate the waste disposal contract with SUEZ (Contract 17/18-08 Part A Garbage, effective from 1 July 2019), substituting Cleanaway Pty Ltd (ACN 79 000 164 938) as the contractor and delegates authority to the General Manager to finalise details of that novation and to execute documents in relation to that novation, as deemed appropriate by Council’s Legal Services Manager.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 6 - We are healthy and share strong community spirit

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

2        Election of Mayor                                                                                                                9

 

3        Election of Deputy Mayor                                                                                                 13

 

4        Councillor Fees                                                                                                                15

 

5        Councillor Forums and Representations on Working Parties                                         17

 

6        Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations                                                                                                     24

 

7        Local Government NSW Annual Conference 2021                                                         40

 

8        Local Government Remuneration Tribunal - Annual Review for 2022                            47

 

9        2022 Proposed Meeting Calendar                                                                                   54

 

10      Optional Countback Election to fill a Casual Vacancy                                                     58

 

11      RFT21/22-12 Soper Place Project - Project Management Services                               61

 

12      Summary of Investment & Banking for the Period 1 November 2021 to 30 November 2021                                                                                                                                           68

 

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                             10 January 2022

 

 

 

2

Election of Mayor   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is for the Councillors to elect a Mayor.  This report details the process for the election of a Mayor and the different methods of voting that a Council can resolve to determine how the Mayor is elected.  The report recommends that Council determine the method for the election of Mayor, if more than one nomination is received, to be open voting. Open voting is required to allow the meeting to proceed as a hybrid meeting owing to the current pandemic situation and time of the year this meeting has needed to occur.

Background

Section 290 of the Local Government Act, 1993 (the Act) requires Councils to elect a Mayor within three (3) weeks of an Ordinary Election result being declared. The Mayoral Election accordingly must be held at this meeting. A Mayoral Election by Councillors other than the Mayoral Election held following an Ordinary Election must be held during the month of September.

 

Returning Officer

The Local Government (General) Regulation 2021 (the Regulation) – Schedule 7 provides that the General Manager (or a person appointed by the General Manager) is the returning officer for the election of a Mayor by the Councillors.

 

Nominations for Mayor

The Regulation provides for a Councillor to be nominated without notice for election as Mayor. However, the nomination must be in writing by two or more Councillors, one of whom can be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

 

The nomination is to be delivered or sent to the Returning Officer (General Manager).  The nomination form can be delivered or sent to the Returning Officer up until the time of the election being conducted.

 

Nomination forms will have been sent to all Councillors prior to this meeting.  Nomination forms will also be available at the meeting if required.

 

The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

 

Term of Office of Mayor

Section 230 of the Act provides that the term of Office for a Mayor elected by councillors is two years subject to this Act.

 

The postponement of the election due to COVID-19 and the date of the next election remaining fixed as the second Saturday in September 2024 means the term of the current Council is less than four years. It follows that there cannot be two two-year Mayoral Terms during the term of the current Council. The Office of Local Government (OLG) has issued advice that the Mayoral Terms during this Council Term will both be less than two years. The Mayoral Term the subject of this report will be until September 2023. This advice was provided on the basis that a two-year term is required subject to this Act. Read in conjunction with Section 290 of the Act, subject to this Act means the first Mayoral Term of this Council will be until September 2023. The second Mayoral Term of this Council will be for 12 months until September 2024.

 

Council staff have obtained external legal advice which considered different views on the Mayoral Term and the significance of subject to this Act. While other interpretations were possible, the legal advice considered the position put forward by the OLG is reasonable.

 

Ballot

If only one Councillor is nominated for the Office of Mayor, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by open voting, ordinary ballot or preferential ballot. The election is to be held at the Council meeting at which the Council resolves on the method of voting.

 

In the Regulation the term “open voting” means voting by a show of hands or similar means, and “ballot” has its normal meaning of secret ballot.  In other words, the ordinary and preferential ballots are to be secret ballots.

 

While the options for voting are provided below, in the instance where this meeting is being held in a hybrid fashion the only choice to Council is to selected Ordinary Ballot or Open Voting.  Should all Councillors be in attendance or be an apology than another option could be selected. Given the Council’s long standing practice and the current COVID-19 situation it is recommended Council choose Open Voting.

 

Ordinary Ballot or Open Voting

If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. The Formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation (copy appended to the report).

 

Count in the case of 2 candidates

 

1.    If there are only 2 candidates, the candidate with the higher number of votes is elected.

 

2.    If there are only 2 candidates and they are tied, the one elected is to be chosen by lot (more information is provided on this process later in the report).

 

Count in the case of there being 3 or more candidates

 

1.      If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

 

2.      If 3 or more candidates still remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

 

3.      If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

 

4.      A further vote is to be taken of the 2 remaining candidates.

 

5.      The candidate with the higher number of votes is elected.

 

6.   If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

 

Preferential Ballot

1.      The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

 

2.      The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

 

3.      If a candidate has an absolute majority of first preference votes, that candidate is elected.

 

4.      If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

 

5.      A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. At that stage the Councillor is elected as Mayor.

 

6.      An "absolute majority", in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

 

Tied Candidates

 

1.      If, on any count of votes, there are 2 candidates in, or remaining in the election and the numbers of votes cast for the 2 candidates are equal - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

 

2.      If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

 

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer.  The slips are folded by the Returning Officer so as to prevent the names being seen.  The slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

 

Result

The result of the election (including the name of the candidate elected as Mayor) is:

 

1.      to be declared to the Councillors at the Council meeting at which the election is held by the Returning Officer, and

 

2.    to be delivered or sent to the Director-General of the Division of Local Government and to the Secretary of the Local Government and Shires Associations of New South Wales.

 

RECOMMENDATION

That:

1.     The information contained in the report on Election of Mayor be received

2.     In the event of more than one Councillor being nominated, Council determine open voting as the method of election for the Office of Mayor.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

3

Election of Deputy Mayor   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to report to Council the procedure and method of the election of a Deputy Mayor by the Councillors.  The report recommends that Council consider the election of a Deputy Mayor and determine the method for the election and term of Office of the Deputy Mayor. 

Background

Section 231 of the Local Government Act 1993 (the Act) makes the following provision for the election of a Deputy Mayor:

(1)   The Councillors may elect a person from among their number to be the Deputy Mayor.

(2)   The person may be elected for the Mayoral term or a shorter term.

(3)   The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the Office of Mayor.

(4)   The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.

 

The election of a Deputy Mayor is not required by the Act but is for each Council to determine.

The balance of this report assumes the continuation of Council’s tradition and practice of electing a Deputy Mayor.

Nominations for Deputy Mayor

The Local Government (General) Regulation 2005 (the Regulation) provides for a Councillor to be nominated without notice for election as Deputy Mayor. However, the nomination must be in writing by two or more councillors, one of whom can be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

 

The nomination is to be delivered or sent to the Returning Officer (General Manager). The nomination form can be delivered or sent to the Returning Officer up until the time of the election being conducted.

 

Nomination forms will have been sent to all Councillors prior to this meeting. Nomination forms will also be available at the meeting if required.

 

The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

 

Term of Office of Deputy Mayor

Council must resolve the term of Deputy Mayor. The term can be for the same period as the Mayoral Term (up until September 2023) or a lesser period.

Method of Voting

The methods of voting available for the election of the Deputy Mayor are the same as for the election of the Mayor and are described in the previous report. Council could resolve to use a different method of voting for the Deputy Mayor, however it has been Council’s practice to use the same method of voting for the election of both the Mayor and Deputy Mayor.

 

RECOMMENDATION

That:

1.     The information contained in the report on Election of Deputy Mayor be received

2.     Council consider the Election of a Deputy Mayor.

3.     In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Deputy Mayor.

4.     In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor be determined.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

4

Councillor Fees   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to receive and consider a report about Councillor Fees as set by the Local Government Remuneration Tribunal and by Council’s past practice.

Background

Section 248 of the Local Government Act 1993 requires that a Council must pay each Councillor an annual fee. A Council can either fix this fee itself (in which case it must be fixed in accordance with the appropriate determination of the Local Government Remuneration Tribunal), or if it doesn’t, it must pay the appropriate minimum fee determined by the Tribunal.

 

Section 249 of the Local Government Act 1993 requires that a Council must pay the Mayor an annual fee, which is paid in addition to the fee paid to the Mayor as a Councillor. A Council can either fix this fee itself (in which case it must be fixed in accordance with the appropriate determination of the Local Government Remuneration Tribunal), or if it doesn’t, it must pay the appropriate minimum fee determined by the Tribunal.

 

Section 249 of the Local Government Act 1993 gives discretion to a Council to pay a fee to the Deputy Mayor acting in the Office of Mayor and the amount of the fee so paid must be deducted from the Mayor’s annual fee.

 

Local Government Remuneration Tribunal

The Local Government Remuneration Tribunal was established under the Local Government Act, 1993. Its main function is to:

 

a)    determine categories for Councils and Mayoral Offices,

b)    place each Council and Mayoral Office into one of the categories it has determined, and

c)    determine the minimum and maximum amounts of fees to be paid to Mayors and Councillors in each of the categories.

  

Fees Payable from 1 July 2021

The report presented to the Council on 24 May 2021 advised the Tribunal’s determinations of annual fees payable from 1 July 2021 to Mayors and Councillors. 

 

According to the determinations Penrith City Council is classified as Metropolitan Large Council and fees for this category were to be set within the range of:

 

                                                         Councillor - Annual Fee            Mayor - Additional Fee

Category – Metropolitan Large             $18,800 - $31,020                      $39,940 - $90,370 

 

Council has previously resolved as a matter of procedure, that the maximum of the range be paid. The fees that apply for 2021/2022 are as follows:

 

1.  Councillor Annual Fee

$31,020

 

2.  Mayor - Additional Fee

$72,296

being 80% of the maximum Mayoral fee

 

3.  Deputy Mayor – Additional Fee

$18,074

being 20% of the maximum Mayoral fee

 

 

The fee for the Mayor and Deputy Mayor is in addition to the annual Councillor fee, so the total fee paid to the Mayor and Deputy Mayor for 2021/2022 is as follows:

 

1.    Mayor - $103,316

 

2.    Deputy Mayor - $49,094

 

Under Council’s Policy for the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors, the fees are paid to the Mayor, Deputy Mayor and Councillors monthly in arrears (in accordance with section 248 of the Act).

Councillor Superannuation 2022

Legislation passed NSW Parliament in May 2021, to introduce superannuation payments for mayors and councillors. The Local Government Amendment Act 2021 offers councils the discretion to make superannuation payments to mayors and councillors in addition to their annual fees commencing from 1 July 2022.

A report will be submitted to the Council in the coming months with further information on superannuation payments for the Mayor and Councillors. Councils are required to resolve the decision to pay superannuation at an open meeting of the Council.

Financial Implications

Funding for Councillor Fees in accordance with section 248 of the Act is available within the 2021-22 Operational Budget.

Risk Implications

There are no risk implications associated within the action proposed in this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Fees be received.

2.     Mayor, Deputy Mayor and Councillors fees be set at the maximum level as outlined in this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

5

Councillor Forums and Representations on Working Parties   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to provide information, discuss the strategic alignment and operation of council’s Working Parties, Councillor representation requirement, and to provide information and operational status of new working parties.  

 

The current Working Parties formed include:

a)   Advertising/Communication Working Party

b)   Domestic Waste Service Working Party

c)   Finance and Economic Opportunities Working Party

d)   Floodplain Management Working Party

e)   Library Services Working Party

f)    Multicultural Working Party

g)   Recreation Working Party

h)   Senior Staff Working Party

i)    Sustainability and Resilience Champion

 

New Working Parties suggested

j)    Major Projects Working Party


Background

 

This report outlines Council’s existing working parties that require Councillor representation or are proposed to be disbanded.

 

Working parties are convened by Council and consist of Councillors, Council Staff and in some instances external members. They deal with specific issues currently being addressed by Council or they can be ongoing or convened for a limited term. Working parties are not decision-making forums and are not open to the public.

 

Below is a summary of the Terms of Reference and the membership of each working party that existed during the previous Council together with draft terms of reference for the proposed new Major Projects Working Party.

 

Advertising / Communication Working Party

The purpose of the Advertising Working Party was to:

·    review the strategic approach and placement of Council’s advertising, and

·    guide a review of the Council’s image and market position, including branding and communications

 

The Advertising Working Party last met in August 2015. It was renamed by the Council to Communication Working Party at the Policy Review Committee meeting on 14 November 2016 and the following Councillors were nominated to the working party at the Ordinary meeting on 28 November 2016.

 

-     Councillor Karen McKeown OAM

-     Councillor Marcus Cornish

-     Councillor Bernard Bratusa

-     Councillor Greg Davies

 

However, the Communication Working Party has not been active and has not met, since established. The purpose of the working party was to evaluate Council’s media advertising, which included the corporate news page for Council’s statutory advertising of Development Applications, Public Notices, and Public Exhibitions. At the time the Working Party was in operation there were 4 newspapers. However, the decrease in the number of newspapers, everchanging media landscape, and the legislative changes introduced due to COVID-19 pandemic have indicated the need to revisit the operational purpose of the working party.

 

It is proposed that Council resolve to disband the Communication working party at tonight’s meeting.

 

 

Finance and Economic Opportunities Working Party

The purpose of the Finance & Economic Opportunities Working Party is to review Financial, Property Development and Economic Development Strategy matters as they arise. The working party advises Council on financial sustainability and the most efficient and effective methods for delivering matters such as leveraging the Council’s Property Portfolio, the marketing of the City, creation of jobs, business investment, economic development and events attraction in Penrith.

 

However, matters that had previously been presented to the Finance and Economic Opportunities Working Party are now being presented to Councillor Briefings hence the Finance and Economic Opportunities Working Party has not met since December 2017. The proposed Major Project Working Party will provide a forum for Property Development projects to be presented.

 

It is proposed that Council resolve to disband the Finance and Economic Opportunities working party at tonight’s meeting.

 

Domestic Waste Service Working Party

The Domestic Waste Working Party was set up to consider the objectives and direction for Penrith City in the review of Council’s Waste Strategy. The strategy is reviewed in accordance with State Government Strategy and guides Council’s Waste and Resource Recovery contracts.  The working party was activated to provide guidance for the tender preparation for the waste contracts.

 

 

The process is now complete. The Council resolved to accept a tender which will provide waste management and resource recovery services for Penrith City from 2019 to 2029. Therefore, the working party is currently inactive however it is proposed to retain the working party and nominate up to five (5) councillors in the event that a significant matter relating to waste arises. The Working Party will only meet as required or if requested.

 

 

Floodplain Management Working Party

The purpose of the Floodplain Management Working Party is to:

·    assist Council in formulating floodplain management objectives, strategies and outcomes and to provide guidance, advice and oversight to Council through the development of a contemporary floodplain management framework,

·    to inform, oversee and guide Council’s deliberations over matters such as flood and floodplain risk management studies, community consultation, flood mapping, property notations, mitigation strategies and development control, and

·    to review, consider and provide advice to Council on floodplain risk management matters.

 

Following Councillors represented the Floodplain Management Working Party prior to 2021 Local Government election:

-     Councillor Jim Aitken OAM

-     Councillor Marcus Cornish

-     Councillor Kevin Crameri OAM

 

It is suggested three (3) Councillors be nominated to the Floodplain Management Working Party for the term in which the Councillors hold public office.

 

Library Services Working Party

The purpose of the Library Services Working Party is to:

·    consider the research undertaken by the previous Library Working Party,

·    identify the options available for the provision of the library services into the future,

·    consider the advantages and disadvantages of each of the options including the implications for future budgets, and

·    provide Council with advice as to the preferred approach for future library services.

 

Following Councillors represented the Library Services Working Party prior to 2021 Local Government election:

-     Councillor Kath Presdee

-     Councillor Tricia Hitchen

 

It is suggested two (2) Councillors be nominated to the Library Services Working Party for the term in which the Councillors hold public office.

 

Multicultural Working Party

The aim of the Multicultural Working Party is to provide advice to the Council on issues relating to Multiculturalism and the wellbeing of residents from Culturally and Linguistically Diverse (CALD) backgrounds in Penrith City.

 

The objectives of the Multicultural Working Party are to:

·    provide advice on relevant Council policies and procedures,

·    promote Penrith as a City that respects Multiculturalism as a means to contribute to social inclusion,

·    to provide a forum where community members from a multicultural background and representatives from social services can raise issues of concern,

·    to assist Council in identifying strategies to improve access and social inclusion for people from multicultural backgrounds, and

·    to support Council in providing leadership and advocacy for the broader community to achieve social inclusion for people from multicultural backgrounds.

 

Eight (8) Community members are appointed by the Council to serve the Working Party for a term of four (4) years and may be reappointed. Nominations called via public notices placed in a range of media including local press, Council media and sector networks. In the event where more than eight nominations are received from suitably qualified individuals, Council may request that they be placed on an eligibility list to fill any casual vacancy on the working party.

 

The Multicultural Working Party is operated by following guidelines:

 

·    The working party will be chaired by an elected member of Council. In the event that a Councillor is not present, the Manager – City Resilience or their nominee shall chair the meeting.

·    The working party will be serviced and administered by the relevant Council staff.

·    The working party will meet up to four (4) times year.

·    Out of pocket expenses, for example travel, incurred by volunteer committee members may be reimbursed by Council.

 

Following Councillors represented the Multicultural Working Party prior to 2021 Local Government election:

-     Councillor Aaron Duke

-     Councillor Robin Cook

-     Councillor Karen McKeown OAM

 

It is suggested three (3) Councillors be nominated to the Multicultural Working Party for the term in which the Councillors hold public office.

 

Recreation Working Party

The purpose of the Recreation Working Party is to seek input from and brief the Council on the management, development and provision of recreation facilities, activities and events.

 

 In order to achieve this, the Working Party will: 

·    consider and advise on issues relating to facility provision, including:

-     the development of the Sport, Recreation, Play and Open Space Strategy,

-     the development of masterplans for key strategic recreation venues in the City,

-     future aquatic facility provision in the City, and

-     developer contribution plans relating to local and district open space.

·    consider and advise on issues relating to the operation of recreation facilities, including:

-     future allocations of new sportsgrounds to user groups

-     policy direction;

-    fees and charges review

-    licence and hire arrangements  

-     future management of St Clair Leisure Centre

·    consider and advise on issues relating to recreation programs, services  and events, including:

-     the Events Capacity and Capability Review

 

Following Councillors represented the Recreation Working Party prior to 2021 Local Government election:

-     Councillor Jim Aitken OAM

-     Councillor Bernard Bratusa

-     Councillor Todd Carney

-     Councillor Mark Davies

-     Councillor Ross Fowler OAM

 

It is suggested five (5) Councillors be nominated to the Recreation Working Party for the term in which the Councillors hold public office. The working party will only meets as required.


Recruitment & Performance Review Panel (Previously - Senior Staff Recruitment Working Party)

Guideline issued under 23A of the Local Government Act recommended that Council consider the establishment of the above Panel. No such panel was established following the 2016 Ordinary Election.

 

The aim of the Recruitment & Performance Review Panel is to:

-     conduct performance reviews

-     report the findings and recommendations of those reviews to council

-     develop performance agreement

-     Manage relevant recruitment processes

 

In accordance with the 23A Guideline issued under the Act, the Panel should comprise the Mayor, Deputy Mayor and up to two (2) Councillors; with one (1) Councillor being appointed by the Council and one (1) Councillor appointed by the General Manager.

 

All Councillors can make representations to the members of the panel at any time, and will be kept up to date on the panel activities including having any actions reported to a closed session of Council.

 

Recently Council resolved to appoint an independent facilitator to assist with the performance review process. This is consistent with the Guideline and a further report will be submitted to the Council in March/April 2022.

 

The Mayor, Deputy Mayor and one (1) Councillor should be nominated to the Recruitment & Performance Review Panel for the term in which the Councillors hold public office. The General Manager will appoint one (1) Councillor to the Review Panel in accordance with the 23A Guideline issued under the Act.

 

Sustainability and Resilience Champion

This role was previously called the sustainability champion; however, it is proposed that this position be updated to Sustainability and Resilience champion in order to align it with the Resilience Committee which was formed after the 2016 election.

 

The responsibilities of the ‘Sustainability and Resilience Champion’ are to:

·    promote sustainability principles, initiatives and programs in Council and other forums,

·    receive information updates on Council’s progress in achieving sustainability and

·    resilience outcomes, and participate in Council’s Resilience Committee

·    attend both promotional and community events, and

·    represent Council at sustainability and resilience related functions and awards ceremonies.

 

It is suggested that up to two (2) Councillors be nominated for the term in which the Councillors hold public office.

 

Major Projects Working Party

 

The Major Projects Working Party is a new working party that has been suggested to be created, given the significant number of projects currently being undertaken in the City and expected to continue. The terms of reference and objectives of the working party will be discussed at the first meeting of the Working Party expected to be held in the first quarter of 2022. The draft terms of reference will be reported to Council after this meeting for adoption.

 

It is suggested five (5) Councillors be nominated for the term in which the Councillors hold public office.

 

Council Forums

Council’s current meeting cycle where possible provides that Ordinary Council meetings are held on the last Monday of each month, Policy Review Committee meetings on the second Monday of each Month, and Councillor Briefings to be held on the first and third Monday of each month. There are occasions where this is varied due to conferences, public holidays and other commitments.

 

Council staff value the time of Councillors and where possible schedule meetings to make the most efficient use of that time. Council will continue to provide remote and hybrid attendance to working party meetings also.

 

 

Financial Implications

 

There are no financial implications for the Council associated with this report.

 

Risk Implications

There are no risk implications for the Council associated with this report.

 

 

Conclusion

 

If the Councillors agree with the formation of the eight (8) Working Parties as proposed by this report, that is the Domestic Waste Service Working Party, Floodplain Management Working Party, Library Services Working Party, Multicultural Working Party, Recreation Working Party, Recruitment and Performance Review Major Projects Working Party, and Sustainability and Resilience Champion; it is proposed Councillors nominate representatives to these Working Parties at tonight’s meeting.

 

It is also proposed that the Communications Working Party and Finance & Economic Opportunities Working Party be disbanded.

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Forums and Representations on Working Parties be received

2.     The Council resolve to disband the following working parties:

a.   Communications Working Party

b.   Finance and Economic Opportunities Working Party

3.     The Council nominate representatives to the eight working parties being:

a.   Domestic Waste Service Working Party

b.   Floodplain Management Working Party

c.   Library Services Working Party

d.   Multicultural Working Party

e.   Recreation Working Party

f.    Recruitment and Performance Review Panel

g.   Sustainability and Resilience Champion

h.   Major Projects Working Party

 

for the term in which the Councillors hold public Office.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

6

Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to provide information and/or to appoint Councillor Representatives to below listed Committees:

 

I         STANDING MEETINGS

 

1.       Ordinary Council Meeting

2.       Policy Review Committee

3.       Councillor Briefing

 

II        INTERNAL COMMITTEES OF COUNCIL

 

1.       Access Committee

2.       Audit, Risk and Improvement Committee

3.       Heritage Advisory Committee

4.       Penrith International Friendship Committee

5.       Penrith Community Safety Partnership

6.       Floodplain Risk Management Committee

7.       Resilience Committee

 

III       CONTROLLED ENTITIES AND CO-OPERATIVES

 

8.       The Penrith Performing and Visual Arts Limited (PP&VA)

9.       The City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd. (St Marys Leisure Centre – “Ripples”)

10.     The Penrith Whitewater Stadium Ltd

11.     The Penrith City Children’s Services Co-operative Ltd.

 

IV      EXTERNAL COMMITTEES

 

12.     Bush Fire Management Committee

13.     Cumberland Rural Fire Service Zone Liaison Committee

14.     Local Traffic Committee

15.     Penrith Valley Sports Foundation

16.     Leadership Group

17.     Mayoral Forum

 

V       EXTERNAL ORGANISATIONS

 

18.     Floodplain Management Australia

19.     Hawkesbury River County Council

20.     Sydney Western City Planning Panel

21.     Penrith Valley Regional Sports Centre Ltd.

22.     Penrith CBD Corporation Ltd.

23.     St Marys Town Centre Corporation Ltd.

24.     CivicRisk Mutual Ltd

25.     Western Sydney Academy of Sport Advising Forum

 

The report recommends that the information be received and where required Councillor Representatives be appointed to the various controlled entities, internal and external committees and external organisations.

Background

Council participates in various discussion and/or decision-making forums and committees both internally and externally. Participation in these forums and committees gives Councillors more opportunity to have their say on issues important to their communities. This report provides information on Council’s Standing Meetings, Controlled Entities, internal and external Committees and external organisations that require Councillor Representation. 

Most of the committees that Council has formed or is associated with require Councillor Representation. There are some committees and organisations that Council has established or is a member of that do not require Councillor Representation. In these cases, Councillors are informed of the progress and activities of those committees and organisations by way of information reports presented at the Policy Review Committee meetings and at the Ordinary Council Meetings. The list below outlines each of those meetings, committees, entities, and organisations requiring Councillor Representation and also provides recommendations as to the required number of Councillors to be appointed.

I         Standing Meetings

1.  Ordinary Council Meeting

All Councillors are automatically appointed to the Ordinary Council Meeting of the Council of the City of Penrith. The Ordinary Council Meeting is the main decision-making forum of the Council. Section 365 of the Local Government Act 1993 (NSW) provides that the Council is required to meet at least 10 times each year, each time in a different month. The following items are typically considered at Ordinary Council Meetings:

1.   Adoption of Delivery Program Reports.

2.   Consideration of Information Reports.

3.   Provides a forum for civic recognition and ceremony.

 

2.  Policy Review Committee Meeting

 

All Councillors are members of this Committee. The Policy Review Committee was formed as a result of the Review Committee being renamed to Policy and Review Committee (now known as Policy Review Committee). In 1994 the Review Committee expanded its role to also consider matters relating to policy development and monitoring. The joining of the policy and review functions effectively resulted in a forum allowing Councillors to discuss matters relating to policy and the review of the progress of various working parties, controlled entities, taskforce, and other policy initiatives. The Policy Review Committee makes decisions pertaining to matters of a policy nature and is also a forum to review progress. These decisions are recommended to the Ordinary Council Meeting for adoption and can be subject to amendments. The decisions of the Committee are not legally binding until it is formally adopted by the Council at its Ordinary Council Meeting.

 

3.  Councillor Briefings

 

Councillor attendance at Councillor Briefings is not compulsory however attendance is highly recommended. Councillor Briefings are a non-decision-making forum established to provide a mechanism for informing and advising Councillors of matters relevant to Council activities that would not otherwise be achieved effectively using the written word, plans or diagrams alone. Councillor Briefings may involve presentations by Council Officers, City stakeholders, other organisations and individuals at the invitation of the Council or Council Officers through the General Manager. These briefings are not open to the public. It is important to note that reports discussed at these forums are considered confidential.

II        Internal Committees of Council

1.    Access Committee

 

The Committee meets up to six (6) times a year on the second Wednesday of every second month at 5.00pm. 

 

The Committee’s constitution has provision for three (3) Councillor members.

 

The objectives and strategies of the Access Committee are to:

1.   advise on Council policies and procedures to ensure that legislative requirements on access are considered in Council decisions and its operations,

2.   promote the Inclusive Design approach as a means to contribute to social inclusion,

3.   provide a link between Council and people in the community with disabilities,

4.   assist Council on strategic planning matters which can contribute to improved access and social inclusion for people with a disability, and

5.   support Council in providing leadership for the broader community to achieve social inclusion of people with disability.

 

 

Eight (8) community members will be selected based on set selection criteria and endorsed by the Council to serve on the Access Committee for a four-year term. The recruitment process commenced in October 2021. The nominated community members will be reported to the Council for endorsement by the City Resilience team.

 

Council’s representatives on the Access Committee prior to the 2021 Local Government election were Councillors Tricia Hitchen, Robin Cook, and Todd Carney.

 

It is proposed that Council nominate three (3) Councillors to the Access Committee for the term in which the Councillors hold public office.

 

2.    Audit, Risk and Improvement Committee (ARIC)

 

The Audit, Risk and Improvement Committee is currently comprised of seven (7) members. Those members consist of the Mayor of the day, minimum of one (1) and maximum of two (2) Councillors broadly representative of the composition of the Council, and four (4) independent external members. All appointments are made by the Council.

 

The Audit, Risk and Improvement Committee meets at least four (4) times a year at 8.00am. Meetings are scheduled on the following dates for 2022: 15 March, 15 June, 20 September and 14 December. Additional meetings may be held as directed by the Chairperson.

 

The Internal Audit Guidelines issued by the Office of Local Government state that independent members should form the majority.

 

Council’s representatives on the Audit Risk and Improvement Committee prior to the 2021 Local Government election were the Mayor of the Day (Councillor Karen McKeown OAM) and Councillors Ross Fowler OAM and Kath Presdee.

 

It is proposed that Council nominate the Mayor and up to two (2) Councillors to the Audit, Risk and Improvement Committee for the term in which the Mayor/ Councillors hold public office.

 

3.    Heritage Advisory Committee

 

The Heritage Committee currently consists of eight (8) members. Those members include two (2) Councillors and six (6) community members. All Councillors are welcome to attend the committee meetings.

 

The Heritage Advisory Committee was established in 1999 to conserve and promote the heritage of the City of Penrith and to provide advice to Council on Heritage matters.

 

The Committee has six (6) meetings a year typically held on a Wednesday commencing at 5.00pm.

 

Council’s representatives on the Heritage Committee prior to the 2021 Local Government election were Councillors Marcus Cornish and Brian Cartwright.

 

It is proposed that Council nominate two (2) Councillors to the Heritage Advisory Committee for the term in which the Councillors hold public office.

 

4.    Penrith International Friendship Committee

 

The Penrith International Friendship Committee (PIFC) initially known as Penrith City Sister Cities Association (PCSCA) was formed in 1984. Membership of the International Friendship Committee shall be open to any person with an interest in the conduct of the City of Penrith’s International Friendly Relationships. The Chairperson of the Committee shall be a member appointed by the Mayor.

 

Penrith City Council will be undertaking a review of Council’s international relations and the management of its sister and friendship city agreements. The aim of this review is to assess the current partnership and to seek opportunities for innovation and enhancing the program for the people of Penrith.

 

The Constitution requires that the Mayor appoints the Chairperson of this Committee. This can be done at this meeting or alternatively Council may wish to delay this until the conclusion of the review process.

 

 

5.    Penrith Community Safety Partnership (PCSP)

 

The Penrith Community Safety Partnership Committee meets up to four times a year on a Wednesday typically commencing at 3.00pm. The committee comprise representatives from Council, Penrith and St Marys Police, Penrith City Centre Association and St Marys Town Centre Management, the Penrith Valley Chamber of Commerce, as well as the transport, health and education sectors and a range of community organisations.

 

The purpose of the PCSP is to:

1    identify Community Safety issues, and develop and prioritise strategies to combat these issues,

2    integrate the concept of community safety throughout the member organisations and the City, and

3    monitor the implementation of, and review on a regular basis, the Penrith Community Safety Plan.

 

All Councillors are welcome to attend the meeting. At present, Councillors attend on an availability basis or where issues of particular concern are to be considered.

 

As is current practice, it is proposed that all Councillors be invited to attend the Penrith Community Safety Partnership (PCSP).

 

6.   Floodplain Risk Management Committee

 

The Floodplain Risk Management Committee (FRMC) was established to assist Council in the development and implementation of floodplain management plans, and to provide a link between local communities and Council on floodplain management matters. The establishment of the committee is a key recommendation of the State Government and is compliant with the NSW Floodplain Development Manual.

 

The FRMC is an advisory committee with its principal objective to assist Council in the development and implementation of management plans under Council’s jurisdiction. The FRMC assists in formulating objectives, strategies and outcomes, and assists in providing a link between the local community and Council.

 

The committee meets quarterly, on a Monday afternoon at 4.00pm. Membership consists of three (3) Councillors (one (1) Chair and up to two (2) additional Councillors) with all Councillors invited to attend. The committee also includes staff, state agency representatives, local community representatives and representatives from adjoining Councils.

 

Council’s representatives to the Committee prior to the 2021 Local Government election were Councillors Marcus Cornish, Jim Aitken OAM, and Kevin Crameri OAM.

 

It is proposed that Council nominate three (3) Councillors to the Floodplain Risk Management Committee for the term in which the Councillors hold public office.

 

 

 

7.    Resilience Committee

 

The Council resolved to establish the Resilience Committee at the Policy Review Committee meeting on 14 November 2016, to consider the issues our city faces owing to its unique location and environment. The aim of the committee is to provide advice to Council on opportunities to improve the resilience of Penrith City and how to integrate resilience within the activities and decision making of Council.

 

The objectives of the Resilience committee are to:

·    advise on relevant Council policies, plans and procedures to ensure they embed the principles of resilience and sustainability

·    assist Council identify strategies and programs to improve the resilience of the City into the future.

·    support Council in providing leadership and advocacy on key resilience issues for the City and the Western Sydney region.

·    support Council to develop the ability to measure and report on our growth as a resilient City.

The Committee meets up to four (4) times a year on a Wednesday at 6.00pm.

 

Eight (8) community representatives, and up to six (6) professional members are appointed and endorsed by the Council. Applicants for the community representatives’ position are initially assessed by Council officers, taking into account the extent of expertise and experience of each applicant against the selection criteria. Professional members from the community, business, academic and government institutions are invited to join the committee to provide specialist advice and input.

 

Council’s representatives to the Committee prior to the 2021 Local Government election were Councillors Karen McKeown OAM, Robin Cook, Kath Presdee, and John Thain.

 

It is proposed that Council nominate three (3) Councillors to the Resilience Committee for the term in which the Councillors hold public office.

 

III       Controlled Entities and Co-operatives

 

Council, for a number of years, has operated certain of its activities through controlled entities. A controlled entity is an organisation where Council has a controlling interest.  Council has four controlled entities. Those entities are as follows:

 

1.       The Penrith Performing and Visual Arts Limited

2.       Penrith Aquatic and Leisure Limited

3.       The Penrith Whitewater Stadium Limited

4.       The Penrith City Children’s Services Co-operative

 

Council is represented on external organisations constituted under the Local Government Act and the Corporations Law. Qualification as a voting delegate or director of these organisations is dependent upon an appointment being made by Council and the appointee being a Councillor.

 

Council has the choice that where Councillors have been re-elected and have also served on those external organisations, that those Councillors continue on those external organisations if those Councillors wish to do so.

 

 

8.     The Penrith Performing and Visual Arts Limited (PPVA)

 

The Constitution of the PPVA allows for up to ten (10)) Directors to be appointed to the Board. The Constitution allows not more than three (3) Councillors of Penrith City Council to be Directors, one (1) General Manager’s (of Penrith City Council) nominee, and up to six (6) other Directors.

 

The PPVA was formed in 2006. The main purpose of the formation of the PPVA was to merge 3 separate performing and visual arts entities under one umbrella. Prior to PPVA there were 3 separate entities (2 of which were Council controlled entities) responsible for performing and/or visual arts. The two Council controlled entities were Lewers Gallery and the Joan Sutherland Performing Arts Centre Limited. The third entity responsible for performing arts was the ‘Q’ Theatre Company. The creation of the PPVA was a significant task and 15 Directors at the time of its formation was considered to be the right balance.

The Board is currently functioning with 10 Directors.

 

To provide continuity the members of the Board of Directors, except for the General Manager or his/her nominee, shall retire on a rotating basis. At the first Annual General Meeting after 1 July 2006, five (5) directors shall retire (including one (1) Councillor). At the second Annual General Meeting after 1 July 2006 five (5) Directors shall retire (including one (1) Councillor).  At the third Annual General Meeting after 1 July 2006 five (5) Directors shall retire. Thereafter the members of the Board of Directors, shall retire after they have served on the Board of Directors for three (3) years after appointment or re-appointment to the Board of Directors.

 

All retiring Directors shall be eligible for re-appointment.

 

Also on the Board is a Council officer nominated by the General Manager. 

.  

The Board has been meeting at 5.30 p.m. on the fourth Wednesday on a bi-monthly basis, at the Joan Sutherland Performing Arts Centre.

 

Councillors on the Board prior to the 2021 Local Government election were Councillors Karen McKeown OAM, Ross Fowler OAM, and Kath Presdee.

 

It is recommended that Council appoint three (3) Councillors to represent Council as Directors on the Board of Penrith Performing and Visual Arts Limited for the term in which the Councillors hold public office.

 

9.      Penrith Aquatic and Leisure Limited (PAL)

 

Penrith Aquatic and Leisure Limited is a Public Company Limited by Guarantee trading as Ripples St Marys, Ripples Penrith War Memorial Pool. The operations have recently been transferred back to Council. The Company at this point still remains shelved with a review on its ongoing existence undertaken within the term of the new Council.

 

Councillors on the Board prior to the 2021 Local Government election were Councillors Greg Davies, Ross Fowler OAM and Tricia Hitchen.

 

It is proposed that Council nominates three (3) councillors to the Company until such time as the review is finalised.

 

 

10.      The Penrith Whitewater Stadium Limited (PWS)

 

Penrith Whitewater Stadium was constructed prior to the 2000 Sydney Olympic Games.  It is a venue for Canoe Slalom and is managed by a Public Company Limited by Guarantee created by Council. Council has the right to appoint the membership of the company. Control of the facility is licensed to the company through an Occupation Agreement.

 

To provide continuity, the members of the Board shall resign on a rotating basis.  At the First Annual General Meeting, three (3) Directors (including one (1) Councillor) shall resign. At the second Annual General Meeting, three (3) members shall resign (including one (1) Councillor).  Thereafter, the members of the Board, except the Council Officer, shall resign after they have served on the Board for three (3) years after appointment or reappointment to the Board.

 

All retiring Directors are eligible for re-appointment.

 

Also on the Board is a Council officer nominated by the General Manager. There are currently ten (10) Directors on the Board, consisting of four (4) Councillors and the General Manager’s (of Penrith City Council) nominee, and five (5) other representatives. The Constitution of Whitewater is flexible. It allows the Board to consist of up to ten (10) Directors, but must have a minimum of three (3) Directors. It also allows up to four (4) Councillors of Penrith City Council.

 

The Board meets on the fourth Thursday of every second month at 5.00 p.m.

Councillors on the Board prior to the 2021 Local Government election were Councillors Ross Fowler OAM, Kevin Crameri OAM, Marcus Cornish, and Brian Cartwright.

 

It is proposed that Council appoint up to four (4) Councillors to represent Council as Directors on the Board of Penrith Whitewater Stadium Limited for the term in which the Councillors hold public office.

 

11.      The Penrith City Children’s Services Co-operative

 

The constitution provides for Council to elect three (3) Councillors to be on the Board. The term of office of Council’s elected representative is the term of the Council which is until September 2024.

 

A person is not eligible to be elected and may not serve as Director of the Co-operative unless the person is:

 

·    a currently serving Councillor of Penrith City Council nominated by that Council provided that a person will not cease to be qualified under this paragraph during a Council election period merely because that person has stood down from their position on the Council during that period

 

·    the nominee of the General Manager of Penrith City Council.

 

Should a Councillor not be re-elected to Council, then a vacancy would occur in the office of Director. The Council would then be entitled to nominate a Councillor to fill the vacancy on the Board. The rules of the Co-operative have been designed in such a way that unless a Councillor is not re-elected to the Council, then no vacancies are created on the Board. 

 

At each Annual General Meeting the Council appointed member directors shall retire by alternating between 4 retiring in one year and 3 retiring in the next. The Directors to retire in any year shall (subject to the provision as to filling casual vacancies) be those who have been longest in office since their last election. The General Manager’s nominee is Director – Community and People, Sandy Davies.

 

The Board meets on the fourth Thursday of every second month at 6.30pm at Penrith City Council.

 

Councillors on the Board prior to the 2021 Local Government election were Councillors Ross Fowler OAM, Kath Presdee, and Todd Carney.

 

Councillors Ross Fowler OAM and Todd Carney have been re-elected to Council and their tenure on the Board can continue. Former Councillor Kath Presdee was not re-elected to Council which creates one (1) vacancy on the Board.

 

It is proposed that Council appoint one (1) Councillor to represent Council as Director on the Board of The Penrith City Children’s Services Co-operative.

 

IV      External Committees

 

12.      Bushfire Management Committee

 

The Council is represented on the Bushfire Management committee by the Mayor, or a Councillor, or a senior representative of the Council.

 

The Committee meets twice per year during the day just prior to and immediately after the fire season.

 

As per the Rural Fire Regulations 2013 – Reg 14, the following persons are invited to also become a member of the Bush Fire Management Committee:

a.   a person nominated by each local authority whose area comprises land in the Bush Fire Management Committee’s area, being (in the case of a local authority that is a council) the Mayor or a councillor, or senior representative of the council.

 

Council’s Security and Emergency Management Coordinator/ Local Emergency Management Officer has been attending the committee meetings on behalf of the Council and is proposed that the Security and Emergency Management Coordinator/ Local Emergency Management Officer continues to represent the Bush Fire Management Committee.

 

13.     Cumberland Rural Fire Service Zone Liaison Committee

 

The Cumberland Rural Fire Service Zone Liaison Committee is a committee set up following the amalgamation of the Penrith, Blacktown & Fairfield Rural Fire Districts into one zone to liaise with Councils with regards to the operation and strategy of the fire service in the zone.

 

The Council is represented on the committee by two (2) Councillors. Councillor Kevin Crameri OAM was Council’s appointed representative prior to the 2021 Local Government election. The alternate representative position was left vacant.

 

The current Zone Agreement only allows for one (1) Councillor from each Council (Blacktown, Fairfield, Penrith) to be elected to the committee.

 

The committee meets upon the request by the Zone Superintendent.

 

It is proposed that Council nominate one (1) Councillor to the Cumberland Rural Fire Service Zone Liaison Committee and one (1) Councillor as an alternate representative for the term in which the Councillors hold public office.

 

14.      Local Traffic Committee

 

The Roads and Maritime Services (RMS) delegation to Councils limits the types of prescribed traffic control devices and traffic control facilities that Council can authorise and imposes certain conditions on Councils. One of these conditions requires Councils to obtain the advice of the RMS and the Police prior to proceeding with any proposal. This is most commonly achieved by Councils establishing a Local Traffic Committee. The committee is composed of four (4) formal members, each with one (1) vote. These four (4) members comprise representatives from Council, the Police, the RMS and the Local State Member of Parliament or their nominee.

 

The Local Traffic Committee is an advisory body only, having no decision-making powers. It is primarily a technical review committee that is required to advise the Council on traffic related matters referred to it by the Council.

 

The Committee meets at 9.00am on the first Monday of each month except in October the meeting will be on the second Monday of that month. The next meeting will be held on the 7 February 2022. 

 

Council’s representatives to the Committee prior to the 2021 Local Government election were Councillor Karen McKeown OAM and Director – Development and Regulatory Services as an alternate delegate.

 

It is proposed that Council nominate one (1) Councillor as the voting delegate for the term in which the Councillor holds public office. It is also recommended that the Director – Development and Regulatory Services be the alternate delegate. However, it is the long-held practice of the Local Traffic Committee to reach consensus on solutions to traffic safety issues where there might be differences of opinion or alternate technical solutions -

 

As is current practice, all Councillors are invited to attend the Local Traffic Committee.

 

15.      Penrith Valley Sports Foundation

 

The purpose of the Penrith Valley Sports Foundation is to support the development of athletes in the Local Government Area.

 

This Foundation meets usually on the second Thursday of every month at 5.30pm. 

 

Council’s representative on the Penrith Valley Sports Foundation prior to the 2021 Local Government election was Councillor Bernard Bratusa and Councillor Todd Carney as the alternate representative.

  

It is proposed that Council nominate one (1) Councillor to the Penrith Valley Sports Foundation and one (1) alternate for the term in which Councillors hold public office.

 

16.    Leadership Group

 

One of the three governing bodies of the City Deal, the purpose of the Leadership Group is to represent Council in relation to the City Deal. This Forum is attended by three levels of government where matters are tabled for information sharing and feedback. The Group was established through the Western Sydney City Deal in 2018.

 

The Group meets (on average) twice a year, with the Mayor representing the Council.

 

It is proposed that Council nominate the Mayor to the Leadership Group for the term in which the Mayor holds public office.

 

17.     Mayoral Forum

 

The Mayoral Forum is the governing body of the Western Parkland Councils. The Forum consists of the Mayors of the eight (8) Councils being Blue mountains, Camden, Fairfield, Wollondilly Shire, Campbelltown, Penrith, Liverpool, and Hawkesbury, who have partnered with the Australian and New South Wales Governments through the Western Sydney City Deal.

 

The Forum was established through the Western Sydney City Deal to endorse the Delivery Program for the Western Parkland Councils which outlines the key actions the Councils will work on together and monitor progress towards the realisation of their shared vision for the region. The purpose of the Mayoral Forum is to represent Councils in relation to the City Deal.

 

The Forum meets bimonthly on a Thursday with the Councils’ Mayors, General Managers along with invited guests.

 

It is proposed that Council nominate the Mayor to the Leadership Group for the term in which the Mayor holds public office.

 

V       External Organisations

 

18.     Floodplain Management Australia

 

Membership of Floodplain Management Australia (FMA) entitles Council to three (3) representatives to attend the meetings, with two being voting delegates. Council’s delegates prior to the 2021 Local Government election were Councillors Jim Aitken OAM, Kevin Crameri OAM and Marcus Cornish.

 

The FMA meets quarterly. The next meeting will be held on Thursday 17 February 2022 in Sydney. The Floodplain Management Australia Annual Conference will be held from 17 – 20 May 2022 in Toowoomba.   

 

It is proposed that Council nominate three (3) Councillors to the Floodplain Management Australia for the term in which the Councillors hold public office.

 

19.     Hawkesbury River County Council

 

Council is required to appoint two voting delegates to the Hawkesbury River County Council within two (2) months after each general election of Councillors. The term of office will be until the next ordinary election of Councillors in September 2024. If more than two Councillors are nominated, the method of election is by preferential ballot as per the instructions in Schedule 9 of the Local Government (General) Regulation 2005 (NSW).

 

The Hawkesbury River County Council is Constituted under section 387, part 5 of chapter 12 of the Local Government Act 1993 with the primary purpose of controlling noxious weeds on the land under its jurisdiction.

 

An attendance fee of $11,060 per annum is paid to the Chairperson and a fee of $6,060 per annum is paid to members.

 

The Hawkesbury River County Council meet at least 6 times a year and are held approximately every two months at 6 Walker Street, (Corner Dowling Place) South Windsor on the second Thursday of the month at 6.00pm. The next meeting is scheduled for 10 February 2022.

 

Council’s delegates to the Hawkesbury River County Council prior to the 2021 Local Government election were Councillors Marcus Cornish and Karen McKeown OAM.

 

It is proposed that Council appoint two (2) Councillors to represent Council on the Hawkesbury River County Council for the term in which the Councillors hold public office. If more than two Councillors are seeking appointment to the County Council, under the Regulation, the matter will need to be referred to the General Manager to conduct a preferential ballot.

 

20.      Sydney Western City Planning Panel

 

The predecessor of Sydney Western City Planning Panel (SWCPP) which was the Joint Regional Planning Panels (JRPP) were implemented in July 2009 and were responsible for the determination of development applications and other matters considered to be of regional significance.

 

The SWCPP comprised five (5) Panel members; three of which are State members, including the Chairperson, and two (2) who are Council appointed. Council’s nominated representatives must include at least one who has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism in accordance with the provisions of the Environmental Planning and Assessment Act, 1979. The appointments are limited by the Environmental Planning and Assessment Act 1979 to a maximum term of three (3) years.

 

Formal nomination of representatives to the SWCPP is required to fulfil the requirements of the legislation. In order to retain continuous representation on the Panel, Council will need to nominate and appoint up to three representatives, being two Councillors and a member of staff. Councillor representation by staff is recommended to include one member and an alternate member. Previously, Council authorised the General Manager to nominate staff representatives.

 

It is proposed the General Manager continues to remain authorised to appoint/re-appoint Council staff representatives as previously resolved.

 

Council’s delegates to the Sydney Western City Planning panel prior to the 2021 Local Government election were Councillors Ross Fowler OAM as the Primary panel member and Karen McKeown OAM as the alternate panel member.

 

It is proposed that Council nominate one (1) Councillor as the member and one (1) Councillor as an alternate member to represent the Sydney Western City Planning Panel (SWCPP) for a three (3) year term.

 

21.     Penrith Valley Regional Sports Centre Ltd

 

The constitution provides for Council to nominate one (1) Councillor to be a Director of the Centre. The term of office of Council’s elected representative is the term of the Council which is until September 2024. 

 

The Board meets on every third Wednesday of the month at the Penrith Valley Regional Sports Centre at 6.30pm.

 

Councillor John Thain was elected as the Director prior to the 2021 Local Government elections.

 

It is proposed that Council appoint one (1) Councillor to represent the Council as a Director on the Board of Penrith Valley Regional Sports Centre Limited for the term in which the Councillor holds public office. 

 

22.      Penrith CBD Corporation Ltd

 

Council resolved to develop the Penrith CBD Corporation Ltd for the purpose of working with partners, businesses, and landowners to revitalise the Penrith City Centre. The parties to the Corporation have agreed to work collaboratively to advance and revitalise the Penrith City Centre and for the betterment of the Centre through the achievement of the vision for Penrith City Centre. 

 

Councillor Karen McKeown OAM was elected to represent the Penrith CBD Corporation Ltd prior to the 2021 Local Government elections.

 

The Board will meet monthly at a time determined by the group. Under the Constitution of the board, it is proposed that Council appoint one (1) representative to the Penrith CBD Corporation Board for the term in which the Councillor holds public office.

 

23.       St Marys Town Centre Corporation Ltd

 

Council resolved to develop the St Marys Town Centre Corporation Ltd for the purpose of working with partners, businesses, and landowners to revitalise the St Marys Town Centre. The parties have agreed to work collaboratively to advance and revitalise the St Marys Town Centre and for the betterment of the Town Centre.

 

Councillor Tricia Hitchen was elected to represent the St Marys Town Centre Corporation Ltd prior to the 2021 Local Government elections.

 

The Board will meet monthly at a time determined by the group. Under the Constitution of the board, it is proposed that Council appoint one (1) representative to the St Marys Town Centre Corporation Board for the term in which the Councillor holds public office.

 

 

24.     Civic Risk Mutual Limited

Westpool and United Independent Pool were amalgamated into Civic Risk Mutual Ltd on 1 July 2020.

The objectives of the Civic Risk Mutual include:

1.   implementing risk management solutions with their members and encouraging business growth, and

2.   working with its members to deliver tailored, self-managed and excellent risk management solutions.

Delegates are appointed by Council at the first Council meeting of the newly elected Council. Councillor Ross Fowler OAM was appointed as the Council representative to both United Independent Pools and Westpool at the Ordinary meeting on 26 September 2016. Upon amalgamation, Councillor Fowler continued to serve the Civic Risk Mutual as the Director and Chairperson. Councillor Fowler served as Chairperson of Westpool since it’s inception in1994.

Civic Risk Mutual meet once every two (2) months from 9.00am – 2.00pm

It is recommended that Council appoint one (1) Councillor as its Member Representative to exercise Council’s privileges of membership to Civic Risk Mutual Limited for the term in which the Councillor holds public office.

26.      Western Sydney Academy of Sport Advisory Forum

 

The Western Sydney Academy of Sport Advisory Forum meets bi-monthly with Councils hosting at a sporting venue or facility on a rotational basis and meetings are generally the second Tuesday of the month at 10.00am.

 

The purpose of the Western Sydney Academy of Sport Advisory Forum is to act as an advisory body, representing Local Government to the Academy, on matters affecting talented athletes such as venues, facilities, emerging sports, and athlete performances.

 

The Advisory Forum has become an effective Forum for Academy and Council interaction, as well as a meaningful network for Council representatives to gain information and explore various Local Government sports/recreation/open space management matters.

 

The Council prior to the 2021 Local Government election was represented on the Forum by Councillor Bernard Bratusa and the alternate representative position was left vacant.

It is proposed that Council nominate one (1) Councillor and an alternate Councillor representative to the Western Sydney Academy of Sport Advisory Forum for the term in which the Councillors hold public office.

 

Financial Implications

 

There are no financial implications for Council associated with this report.

Risk Implications

There are no risk implication for Council associated with this report.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations be received

2.     The information on the Ordinary Council Meeting be noted.

3.     The information on the Policy Review Committee Meeting be noted.

4.     The information on Councillor Briefings be noted.

5.     Council appoint three (3) Councillors to the Access Committee.

6.     Council appoint the Mayor and up to two (2) Councillors to the Audit, Risk and Improvement Committee.

7.     Council appoint two (2) Councillors to the Heritage Advisory Committee.

8.     The information on the Penrith International Friendship Committee be noted.

9.     All Councillors be invited to attend the Penrith Community Safety Partnership.

10.   Council appoint three (3) Councillors to the Floodplain Risk Management Committee

11.   Council appoint three (3) Councillors to the Resilience Committee.

12.   Council appoint three (3) Councillors to represent Council as Directors on the Board of Penrith Performing and Visual Arts Limited.

13.   Council appoint three (3) Councillors to represent Council as Directors on the Board Penrith Aquatic and Leisure Ltd.

14.   Council appoint up to four (4) Councillors to represent as Directors on the Board of Penrith Whitewater Stadium Limited.

15.   Council appoint one (1) Councillor to represent Council as a Director on the Board of The Penrith City Children’s Services Co-operative.

16.   Council’s Security and Emergency Management Coordinator/ Local Emergency Management Officer be appointed to the Bush Fire Management Committee

17.   Council appoint one (1) Councillor and one (1) alternate Councillor to the Cumberland Rural Fire Service Zone Liaison Committee.

18.   Council appoint one (1) Councillor and appoint the Director – Development and Regulatory Services as an alternate delegate to the Local Traffic Committee. All Councillors are invited to attend the committee.

19.   Council appoint one (1) Councillor as the representative and an alternate to the Penrith Valley Sports Foundation.

20.   Council appoint the Mayor to the Leadership Group

21.   Council appoint the Mayor to the Mayoral Forum

22.   Council appoint three (3) Councillors to the Floodplain Management Australia.

23.   Council appoint two (2) Councillors to represent Council on the Hawkesbury River County Council.

24.   Council appoint one (1) Councillor and an alternate Councillor to the Sydney Western City Planning Panel.

25.   Council appoint one (1) Councillor to represent Council as a Director on the Board of Penrith Valley Regional Sports Centre Limited.  

26.   Council appoint one (1) Councillor representative to the Penrith CBD Corporation Board.

27.   Council appoint one (1) Councillor representative to the St Marys Town Centre Corporation Board.

28.   Council appoint one (1) Councillor as its Member Representative of Civic Risk Mutual Limited and the General Manager or his/her nominee.

29.   Council appoint one (1) Councillor and an alternate Councillor representative to the Western Sydney Academy of Sport Advisory Forum

30.   The General Manager be granted delegation to appoint/ reappoint staff representatives to the Sydney Western City Planning Panel as previously resolved.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

7

Local Government NSW Annual Conference 2021   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

The 2021 Local Government NSW (LGNSW) Annual Conference was due to be held at the Hyatt Regency, Sydney from the 28 - 30 November 2021. However, the postponement of Local Government elections to 4 December 2021 due to COVID-19 restrictions, the Annual Conference had been divided into two components:

·    a one-hour Annual Conference to hold Board Elections and to present the annual report, financial reports and the adoption of standing orders. This was conducted online on Monday 29 November 2021

·    a Special Conference – including the debate and resolution of motions. This will be held in-person at the Hyatt Regency, Sydney from Monday 28 February to Wednesday 2 March 2022.

 

This report provides Councillors with further information on nominating voting delegates to the Special Conference including motions prepared and endorsed by the Council and submitted to the LGNSW.

 

Current Situation

Annual Conference

The online Annual Conference was held on 29 November 2021 where LGNSW presented the Financial Statements and the Annual Report.

Council nominated Councillors Karen McKeown OAM, Tricia Hitchen, Todd Carney, Robin Cook, Greg Davies, Ross Fowler OAM, Brian Cartwright and Kath Presdee as voting delegates and Councillor John Thain as an alternate delegate/observer to attend the Conference, and vote in the Board Elections.

 

Special Conference

The in-person Special Conference will be held from 28 February to 2 March 2022 at the Hyatt Regency, Sydney. Motions submitted by Councils will be debated and adopted at the Special Conference.

Council is entitled to nominate up to nine (9) Councillors as voting delegates to vote on motions at the Specifical Conference.

Other Delegates and Observers

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

Motion Submission

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

1.   Are consistent with the objects of the Association,

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

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

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

5.   Have a lawful purpose,

6.   Are clearly worded and unambiguous in nature, and

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

 

The following motions were submitted to the Special Conference to be debated and resolved. These motions were prepared by staff and were endorsed by the Council at the Ordinary meeting on 27 September 2021.

 

Motion 1

Subject: Castlereagh Connection

Motion Wording:

That Local Government NSW advocates to the State and Federal Governments to develop a strategic business case for the Castlereagh Connection, a critical infrastructure intervention for community resilience, productivity, connectivity and economic development within western Sydney.

Motion Details:

The Castlereagh Connection is a proposed road connection that would link the Nepean River near Castlereagh in the west and the M7 Motorway in Blacktown in the east. A corridor of around 22kms has been preserved for the Castlereagh Connection since 1951 and nearly 90% of the land is in government ownership.

The Castlereagh Connection would build resilience for communities in flood prone areas whilst providing multiple benefits:

Resilience:

As we saw in March 2021 communities in the Hawkesbury Nepean Valley are in urgent need of more evacuation options during floods. The Castlereagh Connection would provide an additional east west evacuation route away from flooded areas, bypassing the congested roads heading south to the Penrith City Centre.

Access to jobs:

Penrith’s population is expected to grow to around 370, 000 over the next 20 years. It is estimated we will need more than 100,000 jobs by 2041 to service local needs. We need infrastructure that connects people to local jobs in places like St Marys, Penrith CBD, the Quarter and Marsden Park. This includes our disadvantaged communities who need better access to jobs, training and services.

The Castlereagh Connection will provide an additional east west connection to these areas, increasing their appeal for investors and businesses wishing to attract and retain talent.

Regional connectivity:

Our region will be a nationally significant corridor with growth in manufacturing, processing and logistics in new and existing precincts such as Erskine Park, St Marys and the Aerotropolis.

Freight access is a pressing issue as trucks are forced to travel along congested corridors with other traffic. The Castlereagh Connection would provide effective regional connectivity by meshing key centres and network links with the existing motorway.

The Castlereagh Connection will also connect with planned infrastructure such as the Outer Sydney Orbital and the Sydney Metro Western Sydney Airport.

Motion 2

Subject: Improvements to State Government decision making processes

Motion Wording:

That LGNSW advocate to the NSW Government for:

-        Greater coordination across NSW Government agencies

-        Greater transparency about the timelines for consultation

-        Longer timeframes for exhibition periods

Motion Details:

There are an escalating number of critical NSW Government policies, proposals and legislation requiring feedback from councils in NSW. Of equal concern are the short timeframes the Department of Planning, Industry and Environment are giving for council responses, the lack of warning of upcoming exhibitions, and a recent unwillingness to extend exhibition deadlines for policies to enable councils time to develop considered, meaningful feedback.

NSW Government decisions are improved by consideration of the deep technical expertise and place-based knowledge of councils. It is also a core responsibility for councils to advocate to other levels of government to ensure policy, proposals and legislation meet community needs. We take our responsibility seriously and are committed to developing comprehensive, meaningful feedback on behalf of our community for NSW Government decisions. This is an extremely time-consuming exercise for resource-constrained councils, necessitating coordination across multiple departments and disciplines, and time away from other core tasks.

These issues will become more pressing in coming months. Councils are required to consult and seek endorsement for our submissions from the elected Council, the representatives of our community. Delays to local government elections will coincide with the Christmas/New Year break to limit our capacity to seek council endorsement for three months from late October 2021 to February 2022.

The combination of this delay with the escalating number of policies and proposals on exhibition, the tight timeframes for responses and unwillingness by the NSW Government to extend exhibition deadlines will create an unacceptable burden for councils. This will impact the quality of NSW Government decision-making and deliver poorer community outcomes.

We request that Local Government NSW advocate to the NSW Government for the following changes:

•        A pause in exhibiting major policies, proposals, and legislation until February 2022

•        Greater coordination across State Government agencies as they develop and exhibit their policies, proposals, and legislation to ensure councils are able to provide considered comments in a time-sensitive way

•        Greater transparency about the timeframes for consultation – for instance councils should receive notification one month out from the start date of an exhibition to enable proper resourcing of the preparation of submissions

•        Longer timeframes for exhibition periods. All major policies, proposals and legislative changes should be exhibited for a minimum of six weeks.

The timeframes and engagement currently provided by the NSW Government are not considered genuine and it appears there is an emphasis on accelerating policy instead of prioritising meaningful two-way dialogue with Councils.

Motion 3

Subject: NSW Infrastructure Reform

Motion Wording:

That NSW Local Government urgently calls on the NSW State Government to ensure that as a result of its proposed Infrastructure reforms, that no Council will incur a shortfall of funding to deliver local infrastructure to support new and growing communities and that this shortfall is not shifted to the existing community.

Motion Details:

In March 2021, the NSW Government announced that it had accepted all 29 recommendations from the Productivity Commissions Final Report into Development Contributions in NSW. Subsequent to this announcement IPART has commenced reviews into rate peg reform, essential works lists and benchmarking.

Parallel to these reviews, the NSW Government sought to introduce Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021. This bill was subject to a parliamentary review and has been placed on hold until further regulatory changes to support the bill have been exhibited.

The basis of the Productivity Commission’s recommendations was that on balance, Councils would have no net impact to the ability to fund local infrastructure, however the NSW Government has not adequately demonstrated to Councils that this will be achieved through the proposed reforms.

The NSW Government must work with individual Councils to develop an infrastructure contributions framework that provides a sustainable funding source for development contributions, which considers the holistic needs of new and growing communities.

Motion 4

Subject: Better NSW Government support for and coordination of food insecurity issues

Motion Wording:

That LGNSW advocate to the NSW Government for:

•        The NSW Government to assign a key agency responsible for ensuring food security within the population both during and following emergency events  

•        A more coordinated response to food insecurity and emergency food relief is developed by the NSW Government

•        Greater resourcing is provided by the NSW Government for emergency food relief supplies

•        Greater consideration is given to providing culturally appropriate emergency food relief supplies

•        Greater support and resourcing to be provided to Councils supporting local food relief efforts

Motion Details:

Recent emergency events such flooding, bushfires and the COVID-19 pandemic have exacerbated existing socio-economic vulnerability in communities. This vulnerability often manifests as food insecurity at the household level. Local government has played an important role in identifying these issues on the ground and coordinating local community services and state agencies to respond. However, recent periods of prolonged COVID-19 lockdown have demonstrated how the scale of household food insecurity issues is beyond the capacity of local government and local community services to manage. Greater support is needed from the NSW Government to respond to food insecurity both during and following emergency events.

Residents have been impacted by the recent COVID-19 pandemic in a range of ways, with many experiencing job or income losses. Referrals for emergency food relief have increased dramatically in response, both from COVID positive households and those impacted more broadly by the pandemic due financial instability or the loss of regular social support networks. Impacts have been particularly great for those with existing vulnerabilities, such as low-income families, those with chronic health conditions, people from non-English speaking backgrounds, those without reliable access to transport and socially isolated people.

Councils have played an important role in supporting local services and state agencies to manage this increasing demand. However, in NSW, there remains a gap in terms of a key agency responsible for the coordination of food relief and ensuring the population has adequate access to healthy food. There have also been challenges in ensuring people from culturally and linguistically diverse backgrounds can access appropriate food supplies. Councils, and local community organisations, are not resourced to respond to issues of food security at the rate in which the demand is increasing.

Given that poor access to fresh and healthy food can contribute to a range of poor health and social outcomes for our communities, we suggest the NSW Government take a more proactive role in ensuring people have adequate access to food, both during emergencies and day to day. As the issue is complex and widespread, we propose food security is taken up as a key portfolio area of NSW Government agency to ensure a more coordinated response in the future.

We request that Local Government NSW advocate to the NSW Government for the following:

•        The NSW Government to assign a key agency responsible for ensuring food security within the population both during and following emergency events  

•        A more coordinated response to food insecurity and emergency food relief is developed by the NSW Government

•        Greater consideration is given to providing culturally appropriate emergency food relief supplies

•        Greater support and resourcing to be provided to Councils supporting local food relief efforts

A centralised state agency responsible for food security would provide much needed oversight and coordination of resources at both the state and local government levels

Motion 5

Subject: Werrington Arterial Stage 2

Motion Wording:

That Local Government NSW advocates to TfNSW for the Werrington Arterial Stage 2, a missing piece of the road network in one of Penrith City Council’s most important precincts.

Motion Details:

Werrington Arterial Stage 2 is sandwiched between two roads that accommodate large volumes of traffic - Werrington Arterial Stage 1 (upgraded by TfNSW in 2017) and the soon to be completed, Federally funded upgrade of Dunheved Road.

The Werrington Arterial Stage 2 upgrade is critical for handling the significant volumes of traffic travelling through the area every day. 22, 000 vehicles, many of which are heavy vehicles, travel from the M4 at St Marys to the North West Growth Area.

These vehicles currently travel through a school precinct which includes Kurrambee School catering to approximately 110 students with moderate to severe intellectual disabilities. The Werrington Arterial Stage 2 would remove the high number of traffic movements, including heavy vehicles from the school precinct.

The Werrington Arterial Stage 2 would also support future projects such as the Sydney Metro, St Marys Station Upgrade, Sydney Orbital and approved North St Marys freight intermodal. It will provide greater connections into the Dunheved Business Park and residential and employment precincts of Jordan Springs.

The upgrade will also support community health outcomes through a dedicated shared off-road path for cyclists and pedestrians.

The Werrington Arterial Stage 2 could be delivered in its entirety for $300 million. Alternatively, a staged approach could be adopted:

•        Beginning with an 800m section connecting the Great Western Highway at St Marys to the southern approach to the rail overpass at an estimated cost of $100m.

•        This section would address immediate concerns regarding safety in the school precinct.

Motion 6

Subject: The Western Sydney City Deal

Motion Wording:

That Local Government NSW advocates to the Federal Government to continue its support for the Western Sydney City Deal. With the Western Sydney City Deal set to be reviewed this year, there is an opportunity for the Australian Government to reconsider how to further reinforce the governance framework to strengthen local government’s ability for better strategic collaboration.

Motion Details:

The Department of Infrastructure, Transport, Regional Development and Communications is responsible for the implementation of all City Deals across Australia. The Western Sydney City Deal is a partnership between the Australian Government, NSW Government and the eight councils of western Sydney (known as the “Western Parkland City”).

Aligning jobs growth, transport and social infrastructure to the fastest growing suburbs in Greater Sydney to create a polycentric city with multiple activity hubs is critical for the continued liveability and productivity of the nation’s capital city.

A critical component of the Western Sydney City Deal is the governance framework it establishes.

The governance framework involves all three levels of government, signifying the importance of involving local government as an equal partner together with State and Federal Government. It recognises that governance, decision-making and collaboration mechanisms must be established and maintained to successfully deliver shared priorities and outcomes.

It is critical that the Australian government works closely with state and local governments to improve planning approaches, strengthen decision-making and seek to further improve the way collaborate so we can make the most of our shared investments and improve liveability.

With unprecedented growth forecast for Greater Sydney, we call upon on all levels of government to further strengthen the importance of local government in the Western Sydney City Deal. Whilst the enduring tri-governance framework has delivered strategic collaboration, there is room for improvement through further strengthening the role of local government in the framework. Improving existing governance arrangements will allow greater involvement in city shaping decision-making by communities living in the eight Western Parkland Region council areas, representatives of three tiers of government and local businesses.

 

Financial Implications

Funding for participation to the Local Government NSW Annual Conference 2021 - Online Conference is available within the 2021-22 Operational Budget.

Risk Implications

There are no specific risks to Council associated with adopting the recommendations within this report.

Conclusion

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

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2021 be received

2.     Council nominate nine (9) Councillors as its voting delegates for the LGNSW Special Conference.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

8

Local Government Remuneration Tribunal - Annual Review for 2022   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

On 14 October 2021, the Local Government Renumeration Tribunal (The Tribunal) wrote to the Mayor and General Manager advising that the 2022 annual determination review process has commenced and invited councils to make submissions with respect to categorisation structure, fees, and other matters. In accordance with s241 of the Local Government Act 1993, the Tribunal is required to make an annual determination on the minimum and maximum fees payable to Councillors and Mayors for each category by no later than 1 May 2022 to take effect from 1 July 2022.

Commencing this year, it is a requirement that Council endorse the submissions before submitting them to the Tribunal on Friday 11 February 2022.

Background

In accordance with s241 of the Local Government Act 1993, the Tribunal is required to make an annual determination on the minimum and maximum fees payable to Councillors and Mayors for each category by no later than 1 May of each year to take effect from 1 July of the same year.

In determining fees for Councillors and Mayors, the Tribunal is required to give effect to the same policies on increases in remuneration as those of the Industrial Relations Commission (s242A(1) of the Act). The public sector policy on wages is such, that Mayors and Councillors will be restricted to no more than 2.5% per annum.

With regard to the fees payable to Mayors and Councillors, after taking into consideration the Government’s policies on wages, last year the Tribunal determined that the minimum and maximum fees applicable to each category will be increased by 2.0% for 2021-22, which is 0.5% less than the maximum allowable increase.

Furthermore, as part of the review last year, the Tribunal considered requests submitted by a number of councils to review categorisation of those individual councils. However, Council’s submissions to create and allocate a new category named ‘Metropolitan Large – Growth Centre’ was not supported. Tribunal determined that the current categories and allocations of councils to current categories remain appropriate except for Bayside Council. The Tribunal also noted that an extensive review of the current category model will be conducted in 2023. As a result, Council currently remains a ‘Metropolitan Large’.

 

Local Government Remuneration Tribunal - Annual Review for 2022

On 14 October 2021, the Local Government Renumeration Tribunal (The Tribunal) wrote to the Mayor and General Manager advising that the 2022 annual determination review process has commenced and invited councils to make submissions with respect to categorisation structure, fees, and other matters.

Commencing this year, it is a requirement that Council endorse the submissions before submitting them to the Tribunal on Friday 11 February 2022.

Council’s Submission

Council officers prepared a submission to the Remuneration Tribunal in relation to the setting of fees and the categorisation of Penrith City Council. Council’s submission reiterates our position that a new category called Metropolitan Large – Growth Centre should be created, due to Council’s exponential population growth, involvement in significant city-shaping projects and other initiatives. The submission also suggests that Council’s claim to a new Metropolitan Large – Growth Centre category would be enhanced due to the Western Sydney City Deal, which further demonstrates the exponential growth that has and is expected to occur in the Penrith local government area.

In 2020, there was no increase in the minimum and maximum fees applicable to each category having regard to social and economic circumstances resulted due to COVID-19 pandemic. In 2021, the Tribunal determined to increase the minimum and maximum fees applicable to each category by 2.0%, which is 0.5% less than the maximum allowable increase. The Tribunal has taken into consideration the Government’s policies on wages and various other matters including the COVID-19 Pandemic.

In this year’s submission, Council supports the full allowable increase of 2.5 per cent (%) being passed on when determining the fees for Mayors and Councillors. Also, as in previous years, Council put forward the notion that Mayors and Councillors should be remunerated as a percentage of a MP’s remuneration.

Mayor, Deputy Mayor and Councillor Fees for 2022-2023

The Tribunal does not set a fee for a Deputy Mayor, despite our previous submissions to do so; however, it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

Following the determination by the Tribunal, Council will determine the fees payable to the Mayor, Deputy Mayor and Councillors in accordance with the Council’s policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy).

Councillor Superannuation 2022

Legislation passed NSW Parliament in May 2021, to introduce superannuation payments for mayors and councillors. The Local Government Amendment Act 2021 offers councils the discretion to make superannuation payments to mayors and councillors in addition to their annual fees commencing from 1 July 2022.

A report will be submitted to the Council in the coming months with further information on superannuation payments for the Mayor and Councillors. Councils are required to resolve the decision to pay superannuation at an open meeting of the Council.

 

Financial Implications

It has been the Council’s practice to remunerate Councillors at the maximum fee level available within the Category applicable. With the development of the 2022-23 budget it is anticipated that the Operational Plan will include the provision for Councillor fees based on continuing a 2.5% allocation in accordance with Councils provision. 

Risk Implications

There are no risk implications specifically associated with the action proposed within this report.

Conclusion

It is recommended that Council endorse the submission prepared by staff to be submitted to the Tribunal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal - Annual Review for 2022 be received.

2.     Council endorse the attached ‘Penrith City Council Submission to the Local Government Remuneration Tribunal – 2022’.

 

 

ATTACHMENTS/APPENDICES

1.

2022 Local Government Remuneration Tribunal Review submission - Penrith City Council

4 Pages

Appendix

  


Ordinary Meeting                                                                                                           10 January 2022

Appendix 1 - 2022 Local Government Remuneration Tribunal Review submission - Penrith City Council

 

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Ordinary Meeting                                                                                             10 January 2022

 

 

 

9

2022 Proposed Meeting Calendar   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to propose and adopt a Meeting Calendar for 2022. The report recommends that the draft Meeting Calendar for 2022 be adopted. If adopted, Council will have 12 Ordinary Council Meetings, 5 Policy Review Committee (PRC) Meetings and several other meetings, including Councillor Briefings, Working Parties, Professional Development Sessions 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 and the induction program.

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.

 

In 2021, the approach to the meeting calendar was amended to reduce the number of Policy Review 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, professional development sessions and Committee Meetings. This approach was largely successful, however there was an overriding demand for additional Councillor Briefings and this the requirement for additional briefings will be factored into the revised calendar for 2022 along with monitoring of Policy Review Committee meetings and adjustments made where needed.

 

Current Position

In 2021, the Council met for 10 Ordinary meetings, 5 PRC meeting, 20 Councillor Briefings (4 held after PRC meetings) which represents a total of 30 (not including the 4 Briefings held after PRC) meetings for the year.

 

It is proposed in 2022 that the Meeting Calendar will be based around holding 1 Ordinary meeting a month and 1 PRC meeting every second month. Council meetings will be held on the fourth Monday and PRC meetings will occur on the second Monday in months which they fall where possible. 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, Professional Development sessions and Committees as required or otherwise remain vacant. All meetings will continue to commence at 7:00pm.

 

For 2022 it is proposed to have a total of 33 meetings including Councillor Briefings.

 

Draft 2022 Meeting Calendar

A draft Meeting Calendar has been prepared for 2022 and is based on the following assumptions:

·   Commencing with tonight’s Ordinary meeting

·   where possible Policy Review Committee meetings being held on the 2nd Monday of every second month and Ordinary meetings on the 4th Monday of each month.

·   at least one Ordinary Council Meeting being held each month

·   Mayoral and Deputy Mayoral Election being held on the fourth Monday in September (if required)

·   alternating meetings where possible so that there are no 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 – 12 December 2022

·   April only has 4 Mondays with 2 being public holidays meaning the late April Ordinary meeting is pushed to 2 May 2022.

 

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

·   Wednesday 26 January 2022 – Australia Day

·   Friday 15 April 2022 – Good Friday

·   Monday 18 April 2022 – Easter Monday

·   Monday 25 April 2022 - Anzac Day

·   Monday 13 June 2022– Queen’s Birthday

·   Monday 3 October 2022– Labour Day 

 

2.   Other known likely commitments such as:

·   Local Government NSW (LGNSW) Special Conference, Hyatt Regency Sydney (28 February - 2 March 2022)

·   Local Government NSW (LGNSW) Annual Conference – 23-25 October 2022

·   ALGWA Fairfield (7 - 9 July 2022)

·   UDIA National Congress, Sydney (25 - 26 May 2022)

·   ALGA National General Assembly, Canberra (19 - 22 June 2022)

·   Floodplain Management Conference, Toowoomba (17 – 20 May 2022)

 

Financial Implications

 

There are no financial implications for Council associated with this report.

Risk Implications

There are no risks associated with this report.

Conclusion

The draft Meeting Calendar for 2022 (as appended) has been prepared in accordance with the Local Government Act 1993. It incorporates at least one Ordinary Council Meeting for the months from January through to December as required.

 

It is proposed that 12 Ordinary Council meetings and 5 Policy Review Committee meetings will be held in 2022 in addition to a number of other forums such as Councillor Briefings, Working Parties, Professional Development Sessions and Committees.

 

RECOMMENDATION

That:

1.     The information contained in the report on 2022 Proposed Meeting Calendar be received

2.     The draft Council Meeting Calendar for 2022 be adopted.

 

 

ATTACHMENTS/APPENDICES

1.

Meeting Calendar 2022

1 Page

Appendix

  


Ordinary Meeting                                                                                                           10 January 2022

Appendix 1 - Meeting Calendar 2022

 

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Ordinary Meeting                                                                                             10 January 2022

 

 

 

10

Optional Countback Election to fill a Casual Vacancy   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

A key decision to be made by councils at the first meeting following an ordinary election of councillors is whether a countback election is to be used as the method election to fill a casual vacancy in office of councillor rather than a by-election.

Countback provisions were introduced through an amendment to the Local Government Act 1993 (Section 291A) following review by the Joint Standing Committee on Electoral Matters in 2017.

A countback election is used to elect a councillor to fill a single vacancy, where the vacating councillor was elected under the proportional representation method (i.e. where two or more candidates were elected at a local government ordinary election). If there are multiple vacancies, a separate countback election is held for each vacancy.

This report recommends the Council determine whether to use the countback method to fill a casual vacancy in the office of councillor, should such occur, within 18 months of the 4 December 2021 ordinary election of councillors (to 4 June 2023).

Background

If a casual vacancy occurs in the office of councillor, Section 291 of the Local Government Act 1993 (the Act) requires the vacancy be filled by a by-election. By-elections were held in South and East Wards during the term of the last Council in 2018 to fill casual vacancies in those Wards. Council now has the option, through the enactment of Section 291A of the Act, to decide to fill a casual vacancy by a countback election rather than a by-election. The decision to use the countback option must be made at the first meeting following an ordinary election and is effective for 18 months. If a casual vacancy occurs after 18 months, Council will have the option of either proceeding to fill the casual vacancy by a by-election or requesting the Minister to order that the vacancy not be filled.

Current Situation

Schedule 9A of the Local Government (General) Regulation 2021 (the Regulation) sets out the procedures for conducting a countback election.

•        Determine eligible candidates from the applications received by the returning officer from candidates in the original election (Section 3)

•        Recount the ballot papers used in the original election (Section 7(1))

•        A preference indicated on a ballot paper for a previously elected councillor whose seat has become vacant is to be disregarded and the ballot-paper is to be treated as if the numeral indicating any subsequent preference had been altered accordingly (Section 7(2))

•        If on the recount under subsection (1) a non-participating candidate is elected that election has no effect and the returning officer is to terminate that recount and repeat the procedure of recounting the votes on the ballot-papers until an eligible candidate is elected.

•        A preference indicated for a non-participating candidate is to be disregarded and the ballot-paper is to be treated as if the numeral indicating any subsequent preference had been altered accordingly (Section 7(4))

The result of the election is ascertained in accordance with Schedule 5 – Counting of votes under the proportional system. If the countback election fails, for example, if there are no eligible candidates, the countback election fails and a by-election must be held to fill the casual vacancy.

Financial Implications

Council election costs are originally funded from General Revenue with an annual transfer to an Election Reserve occurring based on the estimated future cost of the next election. The financial implication will be the variance in the cost of the proposal to consider a countback election being used as the method of election to fill a casual vacancy in office of councillor, rather than a by-election.

As an indication, a by-election was last held in 2018 to fill two Councillor vacancies, one in South Ward and one in East Ward, the total cost was $456,087. An alternative presented is to conduct a countback election, which will be estimated based on the Election Manager’s quotation at the time of the countback election. Council staff have sought indicative costs for a countback election if it were to occur today and the council’s election contractor has indicated the cost would be $5,700 plus GST.

The cost of either a by-election or countback election would be funded from the Election reserve and future annual transfers to the Election Reserve will factor in this contingency.

Risk Implications

There are no strategic risks associated with this matter.

Conclusion

The decision to hold a count back election or a by-election in the event a casual vacancy occurs is one that the new Council must make at its first meeting.

RECOMMENDATION

That:

1.     The information contained in the report on Optional Countback Election to fill a Casual Vacancy be received

2.     Council determine whether to use the countback election provisions of the Local Government Act to fill a casual vacancy

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

11

RFT21/22-12 Soper Place Project - Project Management Services   

 

Compiled by:               Paul Song, Senior Development Manager

Authorised by:            Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

      

 

Executive Summary

The tender reference RFT21/22-12 Soper Place Project – Project Management Services was published through APET 360 on 10 September 2021. The tender closed on 6 October 2021.

This report advises Council of the outcome of the tender process and recommends that the tender from Root Partnership Pty Ltd is accepted for the Soper Place Project Management Services.

Background

Soper Place Revitalisation is an exciting, city-shaping project that will help renew Penrith’s City Centre and have major benefits for residents, workers, visitors and local businesses.

The new development will revitalise part of the existing at-grade car park into a vibrant precinct with multistorey car parking for around 600 additional spaces, a four-storey office building with around 6,200 sqm of commercial space, multi-use community space, a public rooftop garden and a green building façade to help combat urban heat.

Endorsed by Council Ordinary meeting on 28 October 2019, Savills Project Management Pty Ltd was engaged to provide the Development Management services for the project, including developing business case, managing design and approval, and conducting strategic marketing and leasing services.  The project reached a significant milestone with the development application (DA) lodged on 18 December 2020.

The purpose of this tender is to seek Project Management Services to provide support to Council and work with the project team post DA approval to finalise design development for tender, finalise construction tender documentation, and manage construction delivery and handover.

Tenderers were required to submit their tender using the APET 360 tendering software, which clearly defined the response required against each evaluation criteria.

On detailed evaluation, Root Partnership submitted the most advantageous tender. The strength of their tender compared with the other shortlisted tenders included experience in projects of comparable scale and types, experience working in a Council project context, the quality of their tender submission and value for money.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Nathan Ritchie – Property Development Manager (Chair), Michael Jackson – Design and Projects Manager, Paul Song – Senior Development Manager, Chris Lawrence – Development Manager, Aditya Malshe – Urban Design Officer.

Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

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

·    Compliance with the tender evaluation criteria

·    Positive reference feedback

·    Competitive price for the services offered

A total of twenty-five (25) tenderers were received by the closing date of the advertised tender. The following ten (10) tenders were not considered for shortlisting given the tendered prices significantly exceeded the other submitted tenders and thus were excluded from further evaluation.

Tenderers Name

Lump Sum Price excl. GST

Complete Urban Pty Ltd T/A Complete Urban Pty Limited (Design Team)

$1,975,040

Empire Project Management Pty Limited

$1,773,440

MJ AND RJ ARMOUR Pty Limited T/A Procure Spot Pty Limited

$1,728,000

Telgrid Pty. Limited T/A Telgrid Pty Limited (Telgrid Pty Limited)

$1,727,297

Colliers International Project Management Pty Limited

$1,523,320

Jones Lang Lasalle (Nsw) Pty Limited T/A JLL (Project And Development Services)

$1,279,463

The Trustee For DCG No. 1 T/A DMA Global

$1,174,572

Blue Visions Management Pty Limited

$1,098,104

NS Projects Pty Limited

$967,000

Johnstaff Projects (NSW) Pty Limited

$949,954

 

 

 

The remaining fifteen (15) tenders were evaluated under a detailed assessment of non-price variables. These tenders are listed below in price order.

 

Tenderers Name

Location of the Business

Lump Sum Price excl. GST

Directors

Nasr Group Pty Limited

Parramatta

$209,400

Peter Nasr

Deloitte PDS Pty Limited

Sydney

$428,000

Jody Michelle Burton
Peter Gerard Forrester
Roan Rolles Fryer
Andrew Vaughan Griffiths
Brooke Amanda McDonald

Incorp Advisory Pty Limited

St Leonards

$435,737

Perry Gray
Peter Henderson

Altus Group Consulting Pty Limited

Sydney

$467,988

Niall McSweeney
David Healy
Angelo Bartolini
Terrie-Lynne Devonish
Tim Mitsubata.                                          

Charleston Property Project Management Pty Limited

Drummoyne

$475,000

James Holtsbaum

Root Partnership Pty Limited

Sydney

$678,893

Peter Root
David Gundy
Chris Crick
Matthew Curnow
McArthur Lydiard
Tim Eerhard
James Moorey

Cadence Australia Pty Limited

Sydney

$683,485

Matthew Gralton
David Riddell
Todd Murphy

Impact Property Consultancy Pty Limited

North Sydney

$715,000

Wayne Golledge

D J Gabriel Consulting Pty Limited

Drummoyne

$742,972

Dean Gavrilovic

The Trustee for Ontoit Unit Trust

Sydney

$758,700

Arvind David
Martin Coates
Colin Jordan
Robert Rust

Appoint Consulting Pty Limited

North Sydney

$790,806

Adam Castro
Andrew Gorey
James McMorron

Catalyst Project Consulting Pty Limited

Wickham

$806,444

Kris Leck
Anthony Darcy

Turner & Townsend Thinc Pty Limited

Sydney

$845,930

Vincent Clancy
Anooj Oodit
Suresh Gopalani
Matthew Billingham​
David Liddle​
Darren Munton​
Jon Poore​
David Rokesky​
Julian Kerwood​
Gail Rogowski ​

Momentum Project Group Pty Limited

North Sydney

$848,000

Alex Kyrikos

Savills Project Management Pty Limited

Sydney

$895,755

Paul Craig
Brett Kauffman
Ken Ng

 

The shortlisting was based on the APET 360 platform, which is a Quote & Tender Evaluation Software. Each submission was scored against all the evaluation criteria by each member of the Evaluation Committee.

 

The following applications were excluded due to low non-price scores, indicating that their submission demonstrated less capability in satisfying the project requirements.  The sequence of the applications below does not indicate ranking.

 

-        Nasr Group Pty Limited

-        Incorp Advisory Pty Limited

-        Charleston Property Project Management Pty Limited

-        Cadence Australia Pty Limited

-        Impact Property Consultancy Pty Limited

-        The Trustee for Ontoit Unit Trust

-        Appoint Consulting Pty Limited

-        Catalyst Project Consulting Pty Limited

-        Turner & Townsend Thinc Pty Limited

-        Momentum Project Group Pty Limited

 

 

 

The Tender Evaluation Panel shortlisted the following tenders to proceed with further detailed evaluations. The shortlisted companies were:

 

Tenderers Name

Location of the Business

Lump Sum Price excl. GST

Directors

Deloitte PDS Pty Limited

Sydney

$428,000

Jody Michelle Burton
Peter Gerard Forrester
Roan Rolles Fryer
Andrew Vaughan Griffiths
Brooke Amanda McDonald

Altus Group Consulting Pty Limited

Sydney

$467,988

Niall McSweeney
David Healy
Angelo Bartolini
Terrie-Lynne Devonish
Tim Mitsubata.                                          

Root Partnership Pty Limited

Sydney

$678,893

Peter Root
David Gundy
Chris Crick
Matthew Curnow
McArthur Lydiard
Tim Eerhard
James Moorey

D J Gabriel Consulting Pty Limited

Drummoyne

$742,972

Dean Gavrilovic

Savills Project Management Pty Limited

Sydney

$895,755

Paul Craig
Brett Kauffman
Ken Ng

 

 

 

On detailed evaluation, Root Partnership was selected as the recommended tender.

The strength of their bid compared with the other shortlisted tenders included experience in

projects of comparable scale and types, experience working in a Council project context, the

quality of tender submission and value for money. The Panel’s comment is provided below

with respect to the other shortlisted companies:

 

-        Deloitte PDS was not selected as the preferred, due to being unable to adequately demonstrate to the Panel suitable experience and justification in working in comparable Council-led projects,

-        Altus was not selected as the preferred due, a lack of demonstrated project experience of comparable scale and type of development

-        DJ Gabriel Consulting showed strong experience in the Warwick Lane Development (Blacktown) but limited depth of experience in referencing with other comparable project types,

-        Savills Project Management (currently appointed to provide Development Manager Services) showed a deep understanding of the project and strength in methodology. However, the Tender Evaluation Committee concluded that their submission should rank after (ie second) Root Partnership in terms of value for money.

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Root Partnerships Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

All costs associated with the Soper Place Project Management Services are budgeted and funded from within the Soper Place revitalisation project.


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 Andrew Moore – Director Corporate Services, Glenn McCarthy - Governance Manager and Neil Farquharson - Financial Services Manager were briefed by the Property Development Team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFT21/22-12 Soper Place Project - Project Management Services, it was noted that the recommended proposal strongly demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for money, which are overseen by the Tender Advisory Group.

Conclusion

The Tender Evaluation Committee is of the opinion that Root Partnership Pty Ltd is recommended as the preferred provider of the Project Management Services and have demonstrated their capacity and capability to deliver the service of the Soper Place Project.

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-12 Soper Place Project - Project Management Services be received

2.     The recommended tender from Root Partnership Pty Ltd be accepted for RFT21/22-12 Soper Place Project – Project Management Services for the value of $678,893 excluding GST

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             10 January 2022

 

 

 

12

Summary of Investment & Banking for the Period 1 November 2021 to 30 November 2021   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for November 2021 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

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

 

The report provides a summary of investments for the period 1 November 2021 to 30 November 2021 and a reconciliation of invested funds as at 30 November 2021.

 

The investment returns versus the benchmark as a percentage for November 2021 are:

•        Council portfolio current yield (including FRNs)                                     0.56%

•        90-day Bank Bill Swap rate (Benchmark)                                                         0.05%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            0.25%

•        Original Budget estimated return (2021/22 Financial Year)                             0.45%

 

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

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for November 2021, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for November 2021 and various Investment Summary and Investment Portfolio analysis tables and charts.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark and the Original Budget estimated return. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and the Council’s adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for November 2021. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

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

2.   The Council’s Cash Book and Bank Statements have been reconciled as at 30 November 2021.

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Andrew Moore

Responsible Accounting Officer

Conclusion

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 November 2021 to 30 November 2021 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 November 2021 to 30 November 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 30 November 2021 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 November 2021

6 Pages

Appendix

  


Ordinary Meeting                                                                                                           10 January 2022

Appendix 1 - Investment Report as at 30 November 2021

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday January 10 2022

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys                        2

 

3        DPIE Festival of Place Programs and Investment NSW CBD Revitalisation Funding     2

 

 

 

 


Ordinary Meeting                                                                                             10 January 2022

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·         reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

 

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 6

 

2        RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys 

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

 

Outcome 4

 

3        DPIE Festival of Place Programs and Investment NSW CBD Revitalisation Funding

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

 

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENT       

 

 

 


Date of Meeting:     10 January 2022

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2021-2022 Voted Works