Council_Mark_POS_RGB

27 April 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 2 May 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 - 28 March 2022.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 16 March 2022.

Access Committee Meeting - 6 April 2022.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 2 May 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

Her Worship the Mayor
Councillor Tricia Hitchen 



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

January 2022 - December 2022

(Adopted 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 Council, please contact Governance Coordinator, Adam Beggs 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 28 MARCH 2022 AT 7:03PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Tricia Hitchen read a statement advising that Council Meetings are recorded and webcast.

 

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Tricia Hitchen 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 Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

APOLOGIES

62  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the apology from Councillor Jim Aitken OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 21 February 2022

63  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the minutes of the Ordinary Meeting of 21 February 2022 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest Significant – in Item 16 – Nepean Avenue Shared Pathway – Community Consultation Results as she is a resident in the street. Councillor Shipley stated that she would leave the meeting during consideration of this item.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Notice of Motion Item 2 - Llandilo – Drainage as he lives beside where the drainage system is located.  Councillor Crameri stated that he will remain in the meeting during consideration of this item and take part in discussion on the matter but will not vote on the issue. 

 

Councillor Sue Day declared a Non-Pecuniary Conflict of Interest – Less than Significant             in Item 9 - RFT21/22-25 Refurbishment of Yoorami Childcare Out of School Hours Care as she is a Director of Penrith Children’s Services.  Councillor Day stated that she would leave the meeting during consideration and voting on this matter.

 

Councillor Ross Fowler OAM declared a Non- Pecuniary Significant Interest in Item CW3 – Proposed Property Acquisition  as it relates to the purchase of property in the vicinity of a property he owns.  Councillor Fowler stated that he would leave the meeting during consideration of this item.

 

 

SUSPENSION OF STANDING ORDERS

64  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:09pm.

 

Mary Vella

 

Notice of Motion Item 3 – Llandilo Drainage

 

A Council staff member read out Ms Vella’s application to address the Ordinary Meeting and outlined her reasons for addressing the meeting as follows.

 

Ms Vella’s submission on behalf of affected landowners in Llandilo was in support of the motion, and outlined flooding issues in the area after recent torrential rain. Ms Vella stated that the drainage system in Llandilo has not been sufficiently maintained and that culverts were overgrown with vegetation.  Ms Vella had also forwarded a petition which was tabled on behalf of local residents.  To alleviate flooding from open culverts being blocked, Ms Vella suggested that the drainage system from Eighth to Fifth Avenue be piped, and that channels be regularly maintained. In addition, Ms Vella requested grading of verges to maintain stormwater flow. 

 

 

Mario Pace

 

Notice of Motion Item 3 – Llandilo Drainage

 

A Council staff member read out Mr Pace’s application to address the Ordinary Meeting and outlined his reasons for addressing the meeting as follows.

 

Mr Pace’s submission was in support of the motion, and raised issues concerning recent flooding in Llandilo and Berkshire Park, including his own property.  Mr Pace cited recent storm damage which occurred in the area, and requested repairs and maintenance be carried out to the stormwater drains in Berkshire Park, as well as an upgrade to the flood evacuation routes on Llandilo Road and The Northern Road between Richmond Road at  Berkshire Park to Londonderry Road at Cranebrook Road as they are currently not working. Mr Pace suggested that Council seek funding to upgrade Llandilo Road as critical infrastructure.

 


 

 

David Johnson

 

Item 5 – Draft Mamre Precinct Development Contributions Plan

 

Mr Johnson, consultant for an affected landowner, spoke in opposition to the recommendation.  Mr Johnson stated that the property owned by the landowner he represents is landlocked from access by industrial traffic and that no collector road access has been planned for the next 5-10 years.  Mr Johnson stated that he believed the DCP should include the delivery of CR6 within a 0-2 year time frame to provide the necessary access, enabling the landlocked parcel to be developed in a reasonable timeframe, as this road is not currently included as a works in kind project.

 

 

Ross Sinclair

 

Item 16 – Nepean Avenue Shared Pathway – Community Consultation Results

 

Mr Sinclair, an affected person, spoke in opposition to the recommendation.  Mr Sinclair provided background on the history of the street and stated that the amount of people walking and cycling in the street will not fit on the proposed 2.5 m shared pathway.  Mr Sinclair also raised concerns about the lack of parking increasing once the Log Cabin reopens.  He also raised concerns regarding large vehicles such as buses, garbage trucks and street sweepers not being able to access the street due to insufficient width between the parked cars on the other side of the street and the proposed shared pathway.  Mr Sinclair also stated that flood evacuation could be hampered.

 

Procedural Motion

65  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the speaker be granted an extension of time to enable him to conclude his address, the time being 7.28pm.

 

Mr Sinclair concluded his address by suggesting alternative safety measures of providing a speed sign for 30km and installing a surveillance camera to encourage responsible use of Nepean Avenue.

 

 

Paul Dukes

 

Item 16 – Nepean Avenue Shared Pathway – Community Consultation Results

 

Mr Dukes, an affected resident, spoke in opposition to the recommendation. Mr Dukes stated that residents felt there had not been sufficient community consultation regarding implementing the proposed shared pathway.  Mr Dukes stated that what was planned was not feasible or practical as there would not be enough space for the pathway and for large vehicles, including emergency vehicles, to pass walkers and cyclists safely, in addition to concerns regarding flood evacuation.

 

Procedural Motion

66  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the speaker be granted an extension of time to enable him to conclude his address, the time being 7:36pm.

 

 

Mr Dukes concluded his address by stating that few walkers would use the proposed shared pathway, particularly those with prams who often walk next to each other.  In addition, he raised concerns over street sweepers not being able to remove fallen leaves from the many trees in Nepean Avenue, potentially causing a slip hazard. He stated that a better option for the shared pathway would be through the wetlands area behind Ladbury Avenue, as a long term approach was needed with vehicular and foot traffic in the area increasing.

 

 

John Mulders

 

Item 16 – Nepean Avenue Shared Pathway – Community Consultation Results

 

Mr Mulders, an affected person and spokesperson for affected residents, spoke in opposition to the recommendation.  Mr Mulders raised concerns that Nepean Avenue is being groomed to be part of an entertainment precinct instead of a residential street, and that the road is not suitable for a shared pathway.  He stated that it would impact on the safety, liveability and atmosphere of what Nepean Avenue has always been, diminishing amenity for residents, and that it also would not benefit walkers as people still choose to walk and cycle on the road.  He also stated that a dedicated path with constraints will impost on free flow of traffic and that the edge of the kerb could potentially prove a trip hazard.

 

 

Procedural Motion

67  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the speaker be granted an extension of time to enable him to conclude his address, the time being 7:47pm.

 

Mr Mulders concluded his address by suggesting that a pathway be provided on each side of Nepean Avenue, providing more options for walkers.  He also suggested alternative areas for siting of a shared pathway could be Peachtree Creek walkway or Mulberry Walkway which could both be included in the Great River Walk in lieu of Nepean Avenue.

 

RESUMPTION OF STANDING ORDERS

68  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that Standing Orders be resumed, the time being 7:50pm.

 

 

Mayoral Minutes

 

1        Flood emergency and recovery                                                                

69  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Flood emergency and recovery be received.

 


 

 

2        Staff awarded Louise Petchell Learning for Sustainability Scholarship                                                                                                 

70  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown OAM that the Mayoral Minute on Staff awarded Louise Petchell Learning for Sustainability Scholarship be received.

 

Notices of Motion

 

1        Fire Resistant Bus Interiors                                                                       

71  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that Council write to the NSW Government to ensure that any new buses have a fire-resistant interiors.

 

 

Councillor Sue Day advised that she wished to withdraw Notice of Motion Item 2 - Nepean River Precinct - Traffic Matters.

 

3        Llandilo - Drainage                                                                                     

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

 

That:

 

1.    Council staff prepare a report back to council on the costs and resourcing involved in conducting an audit of drainage in the suburb of Llandilo to ascertain the overall quality and issues in the suburb.

 

2.    It be noted that should Council determine to undertake an audit that a further report be prepared outlining the findings and priorities based on the audit along with options for improvements or repairs.

 

3.    It also be noted that subject to any agreed audit that Council investigate and determine a long-term funding model for any improvements and repairs staged on priorities informed by supporting documents, emails and petitions, that should be tabled at a Council meeting

 

 

Reports of Committees

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 2 March 2022                                                                   

73  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 2 March, 2022 be adopted.

 


 

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 7 March 2022                                                                   

74  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 March, 2022 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 14 March 2022                                                                 

75  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 March, 2022 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

76  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Item 16 – Nepean Avenue Shared Path – Community Consultation Results be considered before all other items of business.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant, Councillor Marlene Shipley left the meeting, the time being 8:12pm.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

16      Nepean Avenue Shared Path - Community Consultation Results        

Councillor Kevin Crameri OAM left the meeting, the time being 8:24pm.

77   A MOTION was moved by Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1.     The information contained in the report on Nepean Avenue Shared Path - Community Consultation Results be received

2.     This matter be deferred pending further consultation with residents and Councillors and that other alternatives be seriously re-investigated.

3.     Council consider the project around Ladbury Avenue going back to Panthers as a WestInvest project.

 

A FORESHADOWED MOTION was moved by Councillor Mark Davies:

That:

1.     The information contained in the report on Nepean Avenue Shared Path - Community Consultation Results be received

2.     This matter be deferred pending further consultation with residents and Councillors and that other alternatives be seriously re-investigated

3.     Council  consider the project around Ladbury Avenue going back to Panthers as a WestInvest project.

4.      Council formally dis-endorse the Nepean Avenue option and investigate all other options mainly including the Peachtree boardwalk.

The MOTION was PUT.

The MOTION was CARRIED.

 

Councillor Marlene Shipley returned to the meeting, the time being 8:33pm.

 

 

Outcome 2 - We plan for our future growth

 

1        Public Exhibition of the draft Rural Lands Strategy

Councillor Jonathan Pullen left the meeting, the time being 8:35pm

Councillor Jonathan Pullen returned to the meeting, the time being 8:37pm

Councillor Sue Day left the meeting, the time being 8:37pm

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

That:

1.     The information contained in the report on Public Exhibition of the draft Rural Lands Strategy be received.

2.     Council endorse the draft Rural Lands Strategy to be publicly exhibited from 5 April to 10 May 2022.

 

2        Public Exhibition of the draft Local Housing Strategy                           

79  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney

That:

1.     The information contained in the report on Public Exhibition of the draft Local Housing Strategy be received.

2.     Council endorse the draft Local Housing Strategy to be publicly exhibited from 5 April to 10 May 2022.

 

3        Employment Zones Reform - Preliminary Zone Translation for Penrith Local Environmental Plan 2010                                                   

80  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Employment Zones Reform - Preliminary Zone Translation for Penrith Local Environmental Plan 2010 be received

2.     The Return Translation Detail – Penrith LEP 2010 provided in Attachment 1 be endorsed and submitted to the Department of Planning and Environment as Council’s final submission.

 

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

For

Against

 

Councillor Bernard Bratusa

 

Councillor Todd Carney

 

Councillor Robin Cook

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Tricia Hitchen

 

Councillor Karen McKeown OAM

 

Councillor Johnathan Pullen

 

Councillor Mark Rusev

 

Councillor Marlene Shipley

 

Councillor John Thain

 

 

 

 

4        Submission to the Draft Western Parkland City Blueprint and Economic Development Roadmap                                                           

81  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Submission to the Draft Western Parkland City Blueprint and Economic Development Roadmap be received.

2.     The Submission to the Draft Blueprint and Economic Development Roadmap be endorsed and a copy be forwarded to WPCA by 28 April 2022.

 

 

Councillor Sue Day returned to the meeting, the time being 8:40pm.

 

5        Draft Mamre Precinct Development Contributions Plan                        

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

That:

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

2.     Council adopt the Mamre Precinct Development Contributions Plan in Attachment 4 of this report, as amended.

3.     Council provide the General Manager delegation to amend minor typographic or mapping errors in the Plan, should they exist.

4.     Priority be given to the construction of Collector Road 6 (CR 6) and that it be in a 0-3 year time frame, subject to sufficient contributions being available to enable the construction of the road.

5.     The Department of Planning and Environment and submitters are informed of Council’s decision.

 

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

For

Against

 

Councillor Bernard Bratusa

 

Councillor Todd Carney

 

Councillor Robin Cook

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Sue Day

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Tricia Hitchen

 

Councillor Karen McKeown OAM

 

Councillor Johnathan Pullen

 

Councillor Mark Rusev

 

Councillor Marlene Shipley

 

Councillor John Thain

 

 

 

 

Outcome 4 - We have safe, vibrant places

 

6        RFT21/22-21 City Park Landscape Construction

Councillor John Thain left the meeting, the time being 8:54pm.                           

83  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on RFT21/22-21 City Park Landscape Construction be received

2.     The tender from Regal Innovations Pty Ltd, for the amount of $8,877,807.08 (excluding GST) be accepted for RFT21/22-21 City Park Landscape Construction.

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

 

 


 

 

7        RFT21/22-23 Parker Street Upper Amenities                                           

84  RESOLVED on the MOTION of Councillor Todd Carney seconded Mark Rusev

That:

1.     The information contained in the report on RFT21/22-23 Parker Street Upper Amenities be received

2.     The tender from 2020 Projects Pty Ltd, for the amount of $2,539,896 (excluding GST) be accepted for Parker Street Upper Amenities, Penrith.

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

 

 

8        RFT21/22-26 U3A Building Refurbishment                                              

85  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev

That:

1.     The information contained in the report on RFT21/22-26 U3A Building Refurbishment be received

2.     AWS Sydney Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to U3A Building for the amount of $343,987.50 excluding GST.

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

 

9        RFT21/22-25 Refurbishment of Yoorami Childcare Out of School Hours Care                                                                                                   

86  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on RFT21/22-25 Refurbishment of Yoorami Childcare Out of School Hours Care be received

2.     Cranebrook Constructions be awarded the Contract subject to the execution of a formal agreement for the refurbishment works of Yoorami Childcare Out of School Hours Care for the amount of $308,398 excluding GST.

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

 

 


 

 

Outcome 5 - We care about our environment

 

10      Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2021/22

Councillor John Thain returned to the meeting, the time being 8:57pm.              

87  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2021/22 be received

2.     Council accept the grant funding offers from the NSW Government for the following studies:

a.   Emu Plains Floodplain Risk Management Study and Plan - $237,330;

b.   Rickabys Creek Catchment Flood Study - $219,335; and

c.   Oxley Park levee - Investigation and Detailed Design - $100,000.

3.     Council write to Local Members and the Department of Planning and Environment, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

 

 

11      Acceptance of Grant Funding – Crown Reserves Improvement Fund 2021-2022                                                                                                     

88  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Acceptance of Grant Funding – Crown Reserves Improvement Fund 2021-2022 be received

2.     Council accept the offer of grant funding of $57,845 from the NSW Department of Planning and Environment for weed control at McCanns Island, Emu Heights.

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

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

 

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      Public Exhibition Draft Disability Inclusion Action Plan 2022-2026     

89  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Todd Carney

That:

1.     The information contained in the report on  Public Exhibition Draft Disability Inclusion Action Plan 2022-2026 be received.

2.     The Draft Disability Inclusion Action Plan 2022 - 2026 (Attachment 2) be endorsed for a 28-day Public Exhibition period from 11 April – 10 May 2022.

 

 

13      Multicultural Working Party Terms of Reference and Community Members                                                                                                      

Councillor Todd Carney left the meeting, the time being 9.00pm.

90  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Multicultural Working Party Terms of Reference and Community Members be received

2.     Council endorse the Terms of Reference for Multicultural Working Party

3.     Council endorse the proposed eight community members as listed in this report for a four year term of the Multicultural Working Party 2022 – 2026

4.     Council write to all applicants to thank them for their interest.

 

 

14      Requests for Community Events Sponsorship - Cancer Council NSW & TRT Running

Councillor Todd Carney returned to the meeting, the time being 9:02pm.           

91  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Requests for Community Events Sponsorship - Cancer Council NSW & TRT Running be received

2.     Council endorse $3,000 community sponsorship to Cancer Council NSW in support of the 2022 Penrith Relay for Life event

3.     Council endorse $1,000 community sponsorship to Track Road Trail Group in support of the Sydney International 100k event.

 

 


 

 

15      Grant Success - NSW Government Open Space Program - Places to Play (Pilot), Gipps Street Youth Precinct                                                 

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

That:

1.     The information contained in the report on Grant Success - NSW Government Open Space Program - Places to Play (Pilot), Gipps Street Youth Precinct be received

2.     Council accept the award of $500,000 from the NSW Government’s Open Spaces Program – Places to Play (Pilot) for Gipps Street Recreation Precinct, Claremont Meadows

3.     Council write to the NSW Government thanking it for the grant funding support

4.     Council enter into a funding agreement with NSW Government for the sum of $500,000 from the Open Spaces Program – Places to Play (Pilot) to deliver adventure play facilities at Gipps Street Recreation Precinct, Claremont Meadows.

 

 

17      RFT21/22-14 Hickeys Lane Amenities Building Construction - Amended                                                                                                      

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

That:

1.     The information contained in the report on RFT21/22-14 Hickeys Lane Amenities Building Construction - Amended be received

2.     Scope of works identified as Options 1, 2 and 3 be awarded to Coverit Building Group Pty Ltd under the existing contract.

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

 

 

Outcome 7 - We have confidence in our Council

 

18      2022 Australian Local Government Women's Association NSW Annual Conference                                                                                     

94  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Sue Day

That:

1.     The information contained in the report on 2022 Australian Local Government Women's Association NSW Annual Conference be received

2.     Interested Councillors advise the appropriate Council staff of their wish to attend ALGWA’s NSW Annual Conference, to be held in Fairfield from Thursday, 7 July to Saturday, 9 July 2022.

 

19      Permanent Road Closure of Part Allen Place Penrith and Lot Consolidation                                                                                              

95  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Permanent Road Closure of Part Allen Place Penrith and Lot Consolidation be received

2.     Part Allen Place Penrith, as identified within this report, be permanently closed in accordance with the Roads Act 1993

3.     Upon closure and once vested in Council, the land be classified as Operational Land

4.     Upon closure the land be consolidated with the adjoining land parcels as identified within this report

5.     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.

 

 

20      Licence for Temporary Wharf Facilities - Tench Reserve Regentville 

96  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Licence for Temporary Wharf Facilities - Tench Reserve Regentville be received

2.     Council approve the proposed new licence agreement as per the terms and conditions listed in this report

3.     The Common Seal of the Council of the City of Penrith 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.

 

 

21      Workers Insurance (Compensation) Service Review                             

97  RESOLVED on the MOTION of Councillor Jonathan Pullen seconded Councillor Todd Carney

That:

1.     The information contained in the report on Workers Insurance (Compensation) Service Review be received

2.     In accordance with section 55(3)(i) of the Local Government Act 1993 NSW, Council delegate to the General Manager the authority to negotiate directly with State Cover Mutual and iCare, due to the inability for reliable tenders through an open market process

3.     The outcomes of the negotiations be reported back to Council.

 

 

22      Regatta Park Plan of Management                                                           

98  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Regatta Park Plan of Management be received

2.     Council notify DPE that Council will publicly exhibit the draft PoM

3.     Council obtain DPE’s written consent to adopt the draft PoM following the public exhibition period

4.     If no objections are received during the public exhibition period, the draft PoM be endorsed, and DPE be advised of the outcome

5.     If submissions are received the draft PoM be presented to Council for its approval at a future Ordinary meeting.

 

23      Plans of Management                                                                                 

99  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Plans of Management be received

2.     Council endorse notifying the Department of Planning and Environment (DPE) and obtain their written consent to adopt the draft Plans of Management

 

 

24      Summary of Investment & Banking for the period 1 February 2022 to 28 February 2022                                                                                        

100  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 February 2022 to 28 February 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 February 2022 to 28 February 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 28 February 2022 be noted.

 

 


 

 

URGENT BUSINESS

 

 

UB 1           Selection of Community Representatives on Council Committees          and Working Parties

Councillor Ross Fowler OAM requested that a report be submitted to Council providing a review of the selection process for appointment of community representatives to Committees and Working Parties of Council in order to enhance the participation of Councillors in this process.

 

101  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the matter be brought forward and dealt with as a matter of urgency. 

 

Her Worship the Mayor, Councillor Tricia Hitchen, ruled that the matter was urgent and should be dealt with at the meeting.

 

102  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that a report be submitted to Council providing a review of the selection process for appointment of community representatives to Committees and Working Parties of Council in order to enhance the participation of Councillors in this process.

 

 

Her Worship the Mayor, Councillor Tricia Hitchen then vacated the Chair in order to raise an Urgent Business item.

 

The Deputy Mayor, Councillor John Thain took the Chair, the time being 9.11pm.

 

UB 2           Abirami Natya Shestra School of Dance  Performance at Joan      Sutherland Performing Arts Centre      

Councillor Tricia Hitchen requested that an amount of $3,000 be allocated in equal amounts from each Ward’s voted works to cover the cost of the ticketed event for the upcoming Abirami Natya Shestra School of Dance performance being held at the Joan Sutherland Performing Arts Centre.

103  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Marlene Shipley that the matter be brought forward and dealt with as a matter of urgency. 

 

The Chair, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

 

 

104  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marlene Shipley requested that an amount of $3,000 be allocated in equal amounts from each Ward’s voted works to cover the cost of the ticketed event for the upcoming Abirami Natya Shestra School of Dance performance being held at the Joan Sutherland Performing Arts Centre.

 

 

The Deputy Mayor, Councillor John Thain then vacated the Chair and Her Worship the Mayor, Councillor Tricia Hitchen retook the Chair the time being 9.12pm.

 

 

Committee of the Whole

 

105  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:12pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        TfNSW Mamre Road Stage 1 Upgrades - Proposed Acquisition, Early Access Leases and Temporary Construction Leases on various Council Owned Lots St Clair       

 

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.

 

3        Proposed Property Acquisition                                                                                       

 

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

 

 

Outcome 2

 

4        Amendment to Accelerated Infrastructure Fund Round 2 Nomination - Aldington Road, Kemps Creek                                                                                                          

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:18pm and the General Manager reported that the Committee of the Whole met at 9:12pm on 28 March 2022, the following being present

 

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

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

 

CONFIDENTIAL BUSINESS

 

2        TfNSW Mamre Road Stage 1 Upgrades - Proposed Acquisition, Early Access Leases and Temporary Construction Leases on various Council Owned Lots St Clair                                                                                                                                     

RECOMMENDED on the MOTION of Councillor Todd Carney seconded Councillor  Bernard Bratusa 

CW2 That:

1.     The information contained in the report on TfNSW Mamre Road Stage 1 Upgrades - Proposed Acquisition, Early Access Leases and Temporary Construction Leases on various Council Owned Lots St Clair be received

2.     Council provides concurrence to the Compulsory Acquisition of the land as detailed within this report under the Land Acquisition (Just Terms Compensation) Act 1991.

3.     Council accept the offer of compensation and lease fees as outlined in this report.

4.     Council agrees to enter into an early access lease with TfNSW as detailed within this report.

5.     Council agrees to enter into temporary construction lease with TfNSW as detailed within this report.

6.     The proceeds from the acquisition and leases be retained in the Property Development Reserve to fund future property projects.

7.     The common seal 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.

 

Having previously declared a Pecuniary Interest in Item CW3, Councillor Ross Fowler OAM left the meeting, the time being 9:14pm.

 

 

3        Proposed Property Acquisition                                                                                       

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner 

CW3 That:

1.     The information contained in the report on Proposed Property Acquisition be received.

2.    Council resolve to adopt the recommendations as listed within the body of this report.

3.     The Common Seal of the Council of the City of Penrith 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

4.     A further report be presented to Council detailing the outcome of any negotiations in this matter.

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 9:15pm.

 

4        Amendment to Accelerated Infrastructure Fund Round 2 Nomination - Aldington Road, Kemps Creek                                                                                                          

RECOMMENDED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

CW4 That:

1.     The information contained in the report on Amendment to Accelerated Infrastructure Fund Round 2 Nomination - Aldington Road, Kemps Creek be received.

2.     Council endorse the amended application to the Department of Planning and Environment for Accelerated Infrastructure Funding for Aldington Road in the Mamre Precinct, as detailed in this report.

3.     Council authorise the General Manager to execute a Funding Agreement (Attachment 1 to this report) where Council has been approved for Accelerated Infrastructure Funding by the Minister for Planning and Homes.

 

 

ADOPTION OF Committee of the Whole

 

106  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Glenn Gardiner that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:19pm

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Notices of Motion

 

Item                                                                                                                                       Page

 

1        Developer Forum                                                                                                                1

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

Notice of Motion

1          Developer Forum            

 

 

Councillor Bernard Bratusa TO MOVE:

 

 

1.   Penrith City Councillors acknowledge on Monday 21 March, Council's planning team received a commendation in the Research and Practice category for its' 'Places of Penrith' submission at the 2022 National Growth Areas Alliance (NGAA) Awards.

 

2.   Council convenes a Developer Forum before the end of the current financial year, that is 30 June 2022.

 

3.   Council outlines its:

a)   Places of Penrith strategic framework; and

b)   Vision for our City.

 

4.   Council's Development Assessment, and Strategic Planning Departments provide a brief overview of current plans/expectations.

 

5.   Council invites feedback on opportunities directly and indirectly linked to the Western Sydney Airport and North-South rail link projects.

 

6.   Council invites feedback on enhancing its reputation as a destination for investment in Western Sydney.

 

7.   Council provides its direction for change and a commitment to work proactively with developers to create better places for our community to connect, play, learn, work and live.

 

8.   Councillors be invited to attend the Forum.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 16 March 2022                                                                                                                                              1

 

2        Report and Recommendations of the Access Committee Meeting held on 6 April 2022 7

 

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 16 March, 2022

 

 

 

PRESENT

Mayor Clr Tricia Hitchen (Chair), Clr Robin Cook, Matthew Roger, Farah Madon, Anthony Mulholland, Alan Windley, Carole Grayson, Karen McIntyre, Jeni Pollard – Manager City Resilience, Megan Whittaker – City Activation, Community and Place Manager, Marcela Hart – Community Capacity Lead, Craig Squires – Building Certification & Fire Safety Coordinator, Graham Howe – Asset Coordinator, Nik Proufas – City Assets Manager, Gavin Cherry – Development Assessment Co-ordinator, Sandra Fagan, Senior Development Assessment Planner, Donna Clark, External Consultant.

 

APOLOGIES

Natalie Wadwell – Community Capacity Officer, Clr Todd Carney.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 13 October 2021

The minutes of the Access Committee Meeting of 13 October 2021 were confirmed..

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a conflict of interest in DA22/0081.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to Access Committee

DA21/0842  Glenmore Park Town Centre 19-31 Town Terrace Glenmore Park

[Sandra Fagan – Senior Development Assessment Planner]

Sandra spoke to the development of the eastern portion of Glenmore Park Town Centre. Including the construction of a 3-4 storey commercial building and single storey outdoor dining facility.

Issues discussed by the Committee included:

•        Very limited access for mobility impaired people

•        Suggestion for an additional handrail

•        Design is currently showing a constant pressure lift, this should be replaced with a fully compliant passenger lift

•        Provision of nosing strips to be installed on the seating steps to assist people with low vision to identify the edge of the steps

 

 

DA21/0957  129-133 Henry Street, Penrith

[Gavin Cherry – Development Assessment Coordinator]

Gavin spoke to the proposed demolition of the existing building and proposed construction of a 6 storey building including ground floor retail and upper floor commercial building.

Issues discussed by the Committee included:

•        Suggestion to include an adult change room facility, as the building is a Council owned facility we should be leading the way with these facilities

•        Concerns regarding the size and weight restrictions of the wheelchair lift

•        Suggestion to have separate facilities for the accessible toilet and parenting room

•        Suggestion to increase the number of accessible parking spaces

•        Suggestion to consider the safe access to public transport outside the premises while the site in under construction

•        Inadequate allowance for safe and efficient drop off facilities

•        Accessible facilities should not be shared with parenting rooms. Accessible amenities must be separate.

•        Concern was raised that the suggested wheelchair lift requires detailed specifications as they often cannot accommodate the weight of the chair and person. Further required dimensions were outlined as being 1.1m x 1.4m.

•        Concern was raised regarding reflective glare from the development to pedestrian movements.

•        Concerns were raised with wayfinding noting the shared driveway access and basement. This was seen to not be sufficiently identifiable coupled with the absence of drop off facilities.

DA21/0081  St Marys Corner Community and Cultural Precinct

29 Swanston Street, St Marys [Donna Clarke – External Planning Consultant]

Donna spoke to the proposed alterations and additions to the St Marys Senior Citizens Centre, including reconfiguration of internal rooms, removal and replacement of internal walls and removal of shrubs to allow for a new fenced outdoor area.

Issues discussed by the Committee included:

•        Suggestion to include the installation of hearing loop within the centre

•        Suggestion to include adult change room facility

         

RECOMMENDED

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

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Disability Inclusion Action Plan 2022-2026 - Engagement Outcomes Report

Marcela Hart spoke to the engagement outcomes from the Disability Inclusion Action Plan, the key focus areas of the engagement include;

•        Developing positive community attitudes and behaviours

•        Creating liveable communities

•        Supporting access to meaningful employment

•        Improving access to mainstream services through better systems and processes

Some of the key needs identified included:

•        Safe pathway networks

•        Inclusive events and programs

•        Community awareness and education

•        More support for carers and families

•        Access to quiet and sensory spaces

•        Accessible toilets and adult change facilities

•        Mobility parking

•        Meaningful employment pathways and support to stay in jobs

•        Inclusive transport (incl public and private)

From the engagement 15 strategies across four focus areas have been developed:

•        Attitudes and behaviours

o       Strategy 1: Increase awareness and knowledge of access and mechanisms for inclusion for Penrith City Council staff.

o       Strategy 2: Raise awareness and promote the benefits of inclusion to the community.

o       Strategy 3: Raise awareness and promote the benefits of inclusive customer practices with local business

•        Liveable communities

o       Strategy 4: Deliver accessible and inclusive community events, programs and services

o       Strategy 5: Increase access and participation in recreational and sporting opportunities

o       Strategy 6: Support participation in the creative arts for producers, makers and audiences with disability

o       Strategy 7: Improve accessibility within Penrith City’s town centres

o       Strategy 8: Provide accessible Council buildings and facilities

o       Strategy 9: Improve accessible transport and pedestrian movement in and around Penrith

o       Strategy 10: Support people with disability to be prepared, respond, and recover from emergencies, shocks and stresses.

•        Meaningful employment

o       Strategy 11: Increase employment of people living with disability within Penrith Council

o       Strategy 12: Support employment of people with disability within local businesses.

•        Systems and processes

o       Strategy 13: Increase engagement and participation of people living with disability in Council decision making

o       Strategy 14: Embed inclusion focused outcomes in Council planning processes & program and service design

o       Strategy 15: Increase access to information.

Next steps

•        28 March – Seek Council endorsement on Draft DIAP for Public Exhibition

•        6 April – Access Committee briefing on Draft DIAP and opportunity for feedback

•        11 April to 10 May – Public Exhibition

         

RECOMMENDED

That:

1.     The information contained in the report on Disability Inclusion Action Plan 2022-2026 - Engagement Outcomes Report be received

2.     The Access Committee note the public exhibition dates for the Draft Disability Inclusion Action Plan 2022-2026.

 

 

GENERAL BUSINESS

 

GB1           Proposed Extra Ordinary Meeting

 

Jeni advised that and Extra Ordinary Access Committee Meeting would be held on 6 April 2022 @ 5pm to further discuss the details of the Draft DIAP 2022-2026 prior to public exhibition.

 

GB2           Accessible Presentations

 

Marcela requested feedback from the committee around what would make presentations to the committee more accessible to ensure that everyone is able to meaningfully participate in the meetings.

 

 

 

 

Suggestions from the committee included:

 

•        Receiving Briefing Papers, Agenda’s, PPT and other documents to be reviewed via email ahead of time to allow members to closely review plans etc

•        Alan mentioned that he is currently looking at a device like an android notepad that you can put a page underneath it to then magnify documents

•        Presenters need to be more descriptive when presenting

 

GB3           Reviewing DA’s

 

Matt raised a request to develop a library of top comments/feedback for the development assessment services team.

 

Craig Squires suggested that some issues may be able to be resolved at the pre DA stage, however not all applications have a pre DA meeting. Council works to ensure the minimum standards comply with the Building Code and Australian standards, what we are aiming to do is go above and beyond these standards which is part of a bigger ongoing education process.

 

Jeni Pollard mentioned that the development assessment planners have provided feedback to say one of the key things they really value is the lived experience of committee members in living in Penrith, trying to move around the city using lifts, pedestrian crossings etc.

 

GB4           Concerns to Electric Cars

 

Mayor Clr Hitchen raised concerns regarding the increase in electric cars, these cars are almost silent. Council may need to look at installing rumble strips at pedestrian refuges on the roads so that a noise is made as a car approaches.

 

GB4           Council’s DCP for Adaptability and Access

 

Farah requested an update be provided at the next Access Committee to see what progress has been made.

 

GB5           Condition of Footpaths in High Street

 

Clr Cook raised some concern regarding the condition of footpaths on the southern side of High Street. Previously Clr Cook had requested that Council look at the number of accessible pathways and parking spaces, with a view to try and get some funding to assist in targeting some critical areas.

 

GB6           Audit on Accessible Exercise Equipment

 

Clr Cook was following up on her previous request for an audit on accessible exercise equipment.

 

GB7           Location of Services within Penrith

 

Clr Cook suggested that perhaps Council should have more of a say on the location of important services ie. Medicare, Services NSW within the city. The current location of both services is very difficult for people with a disability to access for a number of reasons.

 

 

 

 

GB8           App for Council Services

 

Carole Grayson followed up to see if there had been any progress on an app for residents to use similar to Snap, Send, Solve. Jeni advised that Council’s website can be used by residents to log any concerns.

 

GB9           Tactile Ground Service Indicators

 

Carole Grayson raised concerns where TGSI’s on ramps were not placed on either side of the street in the same position.

 

GB10         Dianne Brooks

 

Matt Roger advised that he had recently seen Dianne Brooks, who expressed interest in re-joining the access committee. This information has been passed onto Marcela to review and action.

 

GB11         Taxi Rank at St Marys Shopping Centre

 

Matt Roger has shared with the committee, proposed plans by the shopping centre to make changes to the Taxi Rank area to improve access.

 

GB12         Disability Consumer Council

 

Matt Roger advised Nepean Hospital had created a Disability Consumer Council and that he had recently nominated himself to join.

 

GB13         Nepean Avenue Public Engagement

 

Marcela advised that Your Say is currently open for comment in relation to Nepean Avenue the engagement has been extended until 21 March 2022.

 

There being no further business the Chairperson declared the meeting closed the time being 7.28pm.

 

 

  

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 16 March, 2022 be adopted.

 


Ordinary Meeting                                                                                                      2 May 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 6 April, 2022

 

 

 

PRESENT

Her Worship the Mayor Clr Tricia Hitchen (Chair), Clr Robin Cook, Matthew Roger, Alan Windley, Carole Grayson, Karen McIntyre, Dianne Brookes, Jeni Pollard – Manager City Resilience, Megan Whittaker – City Activation, Community and Place Manager, Marcela Hart – Community Capacity Lead, Natalie Wadwell – Community Capacity Officer, Nik Proufas – City Assets Manager.

 

 

APOLOGIES

Farah Madon.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 16 March 2022

The minutes of the Access Committee Meeting of 16 March 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 6 - We are healthy and share strong community spirit

 

1        Draft Disability Inclusion Action Plan 2022-2026

 

Matt Roger requested that we share the information around Strategy 7 (sub section 7.1 and 7.2) Councils Corridors and Centres Strategy and St Marys Structure Plan and master Plan with the committee members.

Request to ensure previously suppled comments and feedback on the DCP are included withing this document and requested that an update be provided at the next Access Committee Meeting.

Clr Cook stated that she had previously heard that Council was intending to liaise with a disability advocacy group to assist within Council’s nursery.

Carole Grayson requested that we ensure in addition to Auslan interpreted videos that the provision of audio would also be included                                                                       

RECOMMENDED

          That:

1.     The information contained in the report on Draft Disability Inclusion Action Plan 2022-2026 be received.

2.     The Access Committee support Council during the public exhibition period of the Draft Disability Inclusion Action Plan 2022 – 2026 to reach as many community members and stakeholders as possible regarding the opportunity to have their say on access and inclusion matters.

GENERAL BUSINESS

 

No General Business discussed.

 

 

There being no further business the Chairperson declared the meeting closed the time being 6:00pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 6 April, 2022 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 1 - We can work close to home

 

1        Tender Reference RFT21/22-20 for the provision of Food Supplies                                1

 

Outcome 3 - We can get around the City

 

2        Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road                                                                                            9

 

Outcome 4 - We have safe, vibrant places

 

3        RFT 21/22-27 Harold Corr Storage                                                                                 17

 

Outcome 5 - We care about our environment

 

4        NSW Rural Fire Service (RFS) - Rural Boundary Clearing Code                                   23

 

5        Floodplain Development Manual Update - Submission to the Department of Planning and Environment                                                                                                                     31

 

Outcome 6 - We are healthy and share strong community spirit

 

6        Requests for Community Event Sponsorship - NSW Office of Sport and Penrith District Nitro Racing Incorporated                                                                                                43

 

7        RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction                  46

 

Outcome 7 - We have confidence in our Council

 

8        Exhibition of Draft Community Strategic Plan 2036, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational plan and Draft 2022-23 Fees and Charges                                                                                                                            53

 

9        Amendment to Easement Plan - Lot 106 DP1236304 benefiting Penrith City Council 68

 

10      Jamison Road Penrith - Council Land Acquisition for Road Widening Purposes           81

 

11      WestInvest Program                                                                                                         88

 

12      Workers Insurance (Compensation) Service Review Outcome                                      95

 

13      Summary of Investment & Banking for the period 1 March 2022 to 31 March 2022      98

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We can work close to home

 

Item                                                                                                                                       Page

 

1        Tender Reference RFT21/22-20 for the provision of Food Supplies                                1

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

1

Tender Reference RFT21/22-20 for the provision of Food Supplies   

 

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

Authorised by:            Sandy Davies, Director - Community and People  

 

Outcome

We can work close to home

Strategy

Provide access to lifelong learning to maximise opportunities for our community

Service Activity

Deliver high quality children’s services

      

 

Executive Summary

Tender Reference RFT21/22-20 for the provision of food supplies for Children’s Services was advertised 8 November 2021. The tender closed on 6 December 2021.

This report advises Council of the outcome of the tender process and recommends that the tender from Woolworths Group Limited trading as Woolworths at Work of $394,519.42 and Denne Holding Pty Ltd trading as Valley Meats of $147,543.64 totalling $542,063.06 be accepted for the provision (supply and delivery) of food supplies for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods, subject to satisfactory performance.

Background

Tenders were called on behalf of Penrith City Council for cost effective provision of food supplies on an as required basis within the Penrith LGA for an initial period of 3 years, with the option by Council to extend for a further 2 x 1-year periods.

Tenderers were required to submit their responses based on two (2) separable portions.

Separable portion 1 consists of milk and dairy products, breads and cereals, groceries and condiments, and fruit and vegetables. Separable portion 2 consists of meat and poultry.

A tender for the supply of food supplies was advertised in November 2021. Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule of the unit rates for the provision of unique food supplies currently being purchased.

 

Tender Evaluation process

The Tender Evaluation Panel consisted of Deone White (Children’s Services Business Coordinator), Tracey Norris (Children’s Services Coordinator) and Tracy Newman (Children’s Service Cook). Laura Stott (Procurement Business Partner) performed the role of Tender Administration and Probity Officer for this tender. The evaluation criteria advertised and used in assessing the tenders received included the following:

•        Demonstrated Ability

•        Cost / Price Category

•        Resources and Personnel

•        Quality Assurance

•        Environmental Management

•        Industrial Relations

•        Work Health & Safety

 

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST). A total of five (5) submissions were received from the following respondents for the advertised tender.

 

Company

Tendered Section 1

All food supplies exclusive of meats and poultry

Tendered Section 2

Meat and Poultry only

Location of the business

Director

City Fine Foods Pty Ltd

$644,568.87

$227,781.81

Lidcombe, NSW

Mohamed Hammoud

Hassan Hammoud

Coles Supermarkets Australia Pty Ltd

$427,229.67

$152,522.18

Toorak Road, East Hawthorn VIC 3123

James Graham AM

Steven Cain

David Cheesewright

Jacqueline Chow

Abi Cleland

Richard Freudenstein

Paul O’Malley

Wendy Stops

Woolworths Group Limited trading as Woolworths at Work

$394,519.42

$143,738.18

1 Woolworths Way, Bella Vista, NSW 2153

Gordan Cairns

Brad Banducci

Maxine Brenner

Jennifer Carr-Smith

Philip Chronican

Holly Kramer

Siobhan McKenna

Scott Perkins

Kathee Tesija

Denne Holdings Pty Ltd trading as Valley Meats

Not Submitted

$147,543.64

Bells Line of Road, North Richmond NSW

William John Denne

Tracy Jo-Anne Denne

PFD Food Services Pty Ltd

Non-Conforming

Non-Conforming

Muir Road, Chullora NSW 2190

Kerrie Smith

Richard Smith

Bradford Leon Banducci

Katrina Jane Eastoe

Clare Elizabeth Peters

 

 

 

 

Following evaluation of the five (5) tenders, the Tender Evaluation Panel determined that four (4) demonstrated compliances with the evaluation criteria, City Fine Foods Pty Ltd, Woolworths Group Limited trading as Woolworths at Work, Coles Supermarkets Australia Pty Ltd and Denne Holdings Pty Ltd trading as Valley Meats.

One (1) failed to demonstrate compliances in both separable portions of the tender, being PFD Food Services Pty Ltd.

Evaluation

The Tender Evaluation Panel analysed each of the tenderers to evaluate their capability in regard to key criteria areas identified as part of the tender process. Each tenderer was required to provide a schedule of rates for the provision (supply and delivery) of a range of food supplies including meat and poultry, milk and dairy products, breads and cereals, groceries and condiments, and fruits and vegetables. It was determined that there was no advantage to Council in further considering the other higher priced tenders.

Woolworths Group Limited trading as Woolworths at Work

Woolworths Group Limited trading as Woolworths at Work is located in Bella Vista and has been in operation for many years with stores located across the country. The company has a web-based online ordering system to manage their procurement process along with a dedicated Account Manager to manage individual service needs. They have their own fleet of delivery vehicles of a suitable size for access to Council venues and can provide next day delivery. The quality of products is similar to what is currently being used and they meet all relevant requirements of the Australian Food Standards Code.

Woolworths Group Limited trading as Woolworths at Work submitted a tender for both separable portions and provided the most competitive overall price for portion 1 of the tender.

Denne Holdings Pty Ltd trading as Valley Meats

Denne Holdings Pty Ltd trading as Valley Meats is located in North Richmond and is owned and managed by its founder and Director – William Denne. The company has an online system which manages their procurement process.

Denne Holdings Pty Ltd trading as Valley Meats submitted a tender for meat and poultry supplies only, resulting in a lower total cost tendered figure. Their products offered as part of portion 2 are similar to what is currently being used. They do not charge a minimum delivery fee and have the capability to meet the specific requirements outlined in the tender process. They demonstrate the ability to meet our business needs for quality assurance and compliance with the Australian Food Standards Code in relation to food packaging and labelling. If a product is frozen prior to the use-by date, their compliance labels adhere to requirements under the Australian Food Standards Code.

Denne Holdings Pty Ltd trading as Valley Meats submitted a tender for separable portion 2 only and provided a cost competitive price.

Evaluation of the Preferred Tenderer

Each tenderer was assessed against the tender evaluation criteria and the individual unit rates submitted. The assessment showed that Woolworths Group Limited trading as Woolworths at Work and Denne Holdings Pty Ltd trading as Valley Meats were capable of providing the service required for food supplies. There are significant benefits to Council based on compliance, capacity to service both portions of the tender as well as economies of scale recommending that the tender from Woolworths Group Limited trading as Woolworths at Work of $394,519.42 and Denne Holding Pty Ltd trading as Valley Meats of $147,543.64 totalling $542,063.06 represents the most advantageous to Council for the Provision of Food Supplies.

Financial Implications

Children Services budget has sufficient allocation for food supplies. The estimated cost is $394,519.42 for Woolworths Group Limited trading as Woolworths at Work for food supply and $147,543.64 for Denne Holdings PTY LTD trading as Valley Meats for all meat and poultry supplies. The contract cost is not fixed and can increase or reduce based on service needs and fluctuations in utilisation. This contract demonstrates cost-effective benefits to Children’s Services which streamline the process for ordering, delivery, and invoice payment and meet our budget requirements.

Risk Implications

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

Conclusion

The Tender Evaluation Panel is of the opinion that Woolworths Group Limited trading as Woolworths at Work and Denne Holdings PTY LTD trading as Valley Meats provided the most advantageous tender, and it is recommended that they be awarded the contract for Food Supplies. Woolworths Group Limited trading as Woolworths at Work of $394,519.42 and Denne Holding Pty Ltd trading as Valley Meats of $147,543.64 totalling $542,063.06. The total tendered price is within the provisioned budget allocation for Food Supplies.

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference RFT21/22-20 for the provision of Food Supplies be received

2.     Woolworths Group Limited trading as Woolworths at Work and Denne Holdings Pty Ltd trading as Valley Meats be awarded the contract subject to the execution of a formal agreement for Children’s Services Food Supplies and upon a satisfactory financial assessment, for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods, subject to satisfactory performance.

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.  


 

 

Outcome 2 - We plan for our future growth

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                       Page

 

2        Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road                                                                                            9

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

2

Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road   

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We can get around our City

Strategy

Improve passenger and freight transport connections in the region

Service Activity

Work with government to deliver regional transport infrastructure that meets the needs of our community

      

 

Executive Summary

The purpose of this report is to provide information to Council regarding the Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road”. This project is being designed and delivered by Transport for NSW (TfNSW). This report will provide an assessment of the key issues that have been part of TfNSW exhibition material.

The report recommends that the Engineering Services Manager be authorised to finalise a submission, based on this report, and forward to TfNSW by the closing date of 6 May 2022.

The Key Points of Council’s Submission:

1.   Council supports the proposed upgrade of the arterial road corridor.

2.   Landscaping, tree canopy, and urban form are priority issues for the project.

3.   Intersection(s) design is critical for safety and efficiency.

4.   A four-way signalised intersection of Union Road and the Carpenter site must be included in the final design.

5.   Acquisition of private land shall be undertaken in a fair and equitable manner, with consideration to individual circumstances and timing.

6.   Protection and retainment of critical biodiversity areas.

7.   Construction management to minimise impact.

Background

For many years Council has advocated for the upgrade of the Mulgoa Road/Castlereagh Road corridor. In August 2015, the NSW Government committed $5 million to commence the planning for the future 6.5-kilometre upgrade and widening of Mulgoa Road/Castlereagh Road to support current and future traffic demands and expected growth in the area.

The overall project includes road widening from Andrews Road to Glenmore Parkway and would include road widening, improving intersections and improving turn lanes to key roads along the Mulgoa Road/Castlereagh Road corridor.

 

In July 2016, the Australian and NSW Governments announced a funding commitment of $100 million to widen Mulgoa Road (Stage 1) between Jeanette Street and Blaikie Road, Jamisontown.

In May 2017, Council made a submission to TfNSW in response to their report titled ‘Preferred Option for the Mulgoa Road/Castlereagh Road Corridor between Glenmore Parkway, Glenmore Park and Andrews Road, Penrith’.

In November 2018, Council made a further submission to TfNSW in response to their Review of Environmental Factors (REF) for Mulgoa Road Upgrade Stage 1 Jeanette Street to Blaikie Road, Penrith.  And again, in September 2020 Council’s officers provided Preliminary High-Level Principle and Strategic feedback on the Proposed Upgrade of Mulgoa Road, Stage 2, 5A and 5B that would assist Transport for NSW (TfNSW) to in preparation of current REF.

As part of the recently released Federal budget, $232.5 million was allocated to Mulgoa Road upgrade Stage 2.

Current Situation

TfNSW is proposing to upgrade approx. three (3) kilometres of Mulgoa Road. A six-lane divided road (3 lanes in each direction) with wider central median. The key features include:

·    new bus stops along Mulgoa Road with provision for bus priority at key intersections

·    shared pedestrian and cyclist path on the eastern side and pedestrian path on the western side of Mulgoa Road

·    drainage and flooding infrastructure upgrades

·    roadside furniture and street lighting

·    noise barriers

·    utility relocations

·    tree planting and landscaping

·    temporary establishment of up to four (4) construction compound sites

The upgrade is being delivered in three stages:

·    Stage 2 – Glenmore Parkway to Jeanette Street, Glenmore Park (about 850 metres)

·    Stage 5A – Blaikie Road to Jamison Road, Penrith (about 1.2 kilometres)

·    Stage 5B – Jamison Road to Union Road, Penrith (about 1 kilometre).

 

 

Intersection changes

Glenmore Parkway

Convert the existing three-leg roundabout at the Mulgoa Road intersection with Glenmore Parkway to a signalised T-intersection. Also provide a left slip lane to/from Glenmore Parkway and the relocation of the existing bus stop on the northbound approach to the intersection.

Spencer Street/School House Road

Upgrade of the existing four-leg signalised intersection at Mulgoa Road and Spencer Street. The upgrades include a dedicated right turn lane in each direction and two-stage signalised pedestrian crossings across Mulgoa Road. Signalised pedestrian crossings across School House Road and Spencer Street. A kerbside bus stop on the southbound departure side of the intersection.

Batt Street

Upgrade of the existing signalised T-intersection at Mulgoa Road and Batt Street with dedicated northbound right turn lane and a southbound left slip lane. A two-stage signalised pedestrian crossing across Mulgoa Road and a single signalised pedestrian crossing across Batt Street.  A bus bay along Mulgoa Road on the southbound departure side of the intersection and a bus priority lane on the intersection approach.

Home Co./Freedom Furniture

Upgrade of the existing signalised T-intersection at Mulgoa Road and Home Co./Freedom Furniture with dedicated northbound right turn lane and a southbound left turn lane. Two-stage signalised pedestrian crossing across Mulgoa Road and a single signalised pedestrian crossing across the access to Freedom Furniture.  A bus bay on the southbound departure side of the intersection.

Jamison Road

Upgrade the existing four-leg signalised intersection at Mulgoa Road and Jamison Road. Bus priority lanes on the northbound and southbound approaches to the intersection, next to the left slip lanes. A single right turn on the northern leg and dual right turns on the other three legs and a dual left slip lane from the eastern leg of Jamison Road onto Mulgoa Road southbound.

Panther Place

Upgrade the existing signalised T-intersection at Mulgoa Road and Panther Place with a dedicated southbound right turn lane into Panther Place and dual right turn lanes out of Panther Place onto Mulgoa Road. Also, entry and exit left slip lanes into and out of Panther Place.

Retreat Drive/Ransley Street

Upgrade the existing four-leg signalised intersection at Mulgoa Road and Retreat Drive/Ransley Street with the left slip lanes in each direction from Mulgoa Road onto Ransley Street/Retreat Drive also departure side bus bays in each direction.

 

Union Road

Upgrade the existing unsignalised right turn at Mulgoa Road and Union Road with two-stage signalised pedestrian crossings on both the southern and northern legs. The intersection provides left in and left out of Union Road. It also includes dedicated signalised right turn northbound movement from Mulgoa Road into Union Road. Right turn out of Union Road onto Mulgoa Road is not provided.

The separate enclosure to this report provides key features of the proposal and changes to intersections. Subject to the NSW Government’s determination and approval process, construction is expected to commence in late 2024 and the construction is likely to take approx. 2.5 years.

Mulgoa Road (Stage 1) between Jeanette Street and Blaikie Road, Jamisontown is scheduled for construction commencement in late 2022.

Council’s Review of REF for Mulgoa Road Upgrade Stages 2, 5A and 5B

Council Officers have reviewed the documentation associated with the Review of Environmental Factors (REF) for the Mulgoa Road Upgrade Stage 2, 5A and 5B; between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road.

Draft Submission to REF

There are several matters that Council will bring to the attention of TfNSW which are listed in the summary below. A full copy of Council’s draft submission is attached.  This will form the basis of Council’s submission to TfNSW.

1.   Form and Function

2.   Transport and Traffic

3.   Heritage

4.   Construction Management

5.   Property Acquisition

6.   Community Safety

7.   Biodiversity

8.   Hydrology and Flooding

9.   Waste and Catchment Management

10. Landscape

11. Waste Management

12. Tree Management

13. Urban and Landscape Design

14. Noise and Vibration

15. Contamination

16. Air Quality

17. Design

18. Signage and Wayfinding

Financial Implications

There are no financial implications for Council resulting from this report.

Risk Implications

There are no risks associated with the content of the report and the draft submission to TfNSW.

Conclusion

TfNSW has developed a concept design plan to upgrade a 3-kilometre section of Mulgoa Road into Stage 2, 5A and 5B between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road. The improvements and upgrade to this critical arterial road corridor are supported in principle, subject to the matters contained within this report being addressed by the TfNSW in the finalisation of the design.  Our submission to TfNSW will seek to reinforce Council’s in-principle support of the project and highlight a number of matters which warrant further consideration.

The key issues identified within the body of this report will be included in Council’s submission to TfNSW and Council officers will continue to work with the TfNSW to ensure that the future upgrade delivers appropriate outcomes for all stakeholders.

 

RECOMMENDATION

That:

1.     The information contained in the report on Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road be received

2.     Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, attachment and separate enclosure, to Transport for NSW (TfNSW) by 6 May 2022.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Council Submission to the Proposed Upgrade of Mulgoa

11 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

3        RFT 21/22-27 Harold Corr Storage                                                                                  17

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

3

RFT 21/22-27 Harold Corr Storage   

 

Compiled by:               Marco De Stefanis, Major Projects Coordinator

Wasique Mohyuddin, Major Projects Coordinator

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Plan and deliver Council’s major capital projects for public spaces

      

 

Executive Summary

The Tender reference RFT 21/22-27 for the construction of Harold Corr Storage was advertised in Apet360 and e-tendering on 1 March 2022. The Tender closed on 28 March 2022.

Council sought a suitable contractor to build the new Storage facility alongside the new synthetic athletics track already under construction by a specialist contractor.

This report advises Council of the outcome of the tender process and recommends that the tender from BuildCo Projects Pty Ltd be accepted for the full scope of works outlined in RFT 21/22-27 for an amount of $258,755.00 excluding GST.

Background and Strategic Alignment

Under the Penrith Sporting Infrastructure Program 2019-2023, local infrastructure projects have been identified across the city that will improve access, utilisation and amenity for sporting participants and spectators.

Six projects have been funded under the 2019 NSW Government Election Commitments and Harold Corr Oval is one of them.  Harold Corr sport and recreation facility is currently being upgraded with a new synthetic athletics track replacing the outdated grass track.

The Storage associated with this RFT 21/22-27 will integrate with the athletics track providing storage capacity for sports equipment.

The scope of work for the Harold Corr Storage includes:

·    313m2 of concrete reinforced slab;

·    119m2 of double brick building;

·    Four 2.53m wide roller doors;

·    Security system including motion sensors, alarm pad and control panel;

·    Electrical works including smoke alarms;

·    Metal sheet roof with insulation.

This Project will also:

·    Increase participation opportunities in sport and active recreation.

·    Improve the standard of existing sport infrastructure and develop new sporting infrastructure.

·    Enable increased capacity for diverse sporting programs at a local/regional/state level.

·    Align with Council’s strategic and corporate directions and provide community benefit.

The project will contribute to achieving Sport Australia’s, ‘Sport 2030’ Plan priorities including ‘building a more active Australia’.

This project also aligns with other key focuses of the state such as: tackling Childhood Obesity Delivery Program (assist in reaching the Premier’s target to reduce the rate of overweight and obesity in NSW children by 5%) and reducing barriers to participation.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Matt Hill - Community Facilities and Recreation Planning & Projects Officer, Marco De Stefanis – Major Projects Coordinator and was chaired by Wasique Mohyuddin – Delivery Program Manager. Allyce Langton – Procurement Business Partner assumed the role of Tender Administrator and Probity Officer.

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

·    WHS & Environmental Management

·    Local Business

·    Experience & Demonstrated ability

·    Financials

·    Quality of offer & Quality Assurance

·    Works method and Programme

·    Value for Money

Initial Tender Review

The full list of the tenders received is detailed below in price order:

Company

Tendered price

Company Location

Directors/Authorised Representative

BuildCo Projects Pty Ltd

$258,755.00

237 Mount Vernon Rd, Mount Vernon NSW 2178

Danny Trifunovic

Sky View Building Group Pty Ltd

$371,897.00

339 Saunders Road, Oakville NSW 2765

Arben Muslic

Evaluation of the Preferred Tender

The tender received from BuildCo Projects Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of both effectiveness and price.  The lowest price most closely aligns with the pre-tender estimate of cost.

 

The recommended company, BuildCo Projects Pty Ltd, was selected based on their:

 

1)      Compliance with the tender evaluation criteria,

2)      Demonstrated ability to meet Council’s requirements,

3)      Extensive experience in delivering similar works and

4)      Competitive price for the services offered.

 

The Committee invited both tenderers to provide a set of clarifications before completing the evaluation. This was necessary to reduce the risk of misinterpretation and to clarify the Committee's assessment of the submissions.  These clarifications are factored into the tender evaluation and do not represent a risk to project budget.

 

As a result, BuildCo Projects Pty Ltd were considered more experienced/capable and scored higher than Sky View Building Group Pty Ltd on demonstrated ability. Overall, BuildCo Projects Pty Ltd were scored higher on non-price criteria amongst both tenders received.

 

BuildCo Projects Pty Ltd demonstrated a good experience in retail, refurbishing and commercial facilities. Most of their previous projects' values were quite higher than the tender at hand and involved an integrated and coordinated approach to construction.

Following the detailed assessment, the offer from BuildCo Projects Pty Ltd was selected due to best price and best non-price score among the offers received.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on BuildCo Projects Pty Ltd.

These checks are being completed by Equifax Australasia Credit Ratings Pty Ltd but have not yet been returned. The report recommends acceptance of the tender by BuildCo Projects Pty Ltd subject to the return of an acceptable financial report

The total tendered price by BuildCo Projects Pty Ltd of $258,755.00 (excluding GST) is within the available budget.

Funding for the proposed construction works will be covered by Sports and Recreation Plan Reserve.

The maintenance and operational requirements of the upgraded facilities will start at $6,500 per annum. Council’s future asset maintenance budgets will be adjusted per the Budget Guidelines at completion of the 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 Brian Steffen - Director City Services, Adam Beggs – Acting Governance Manager and Matthew Saunders – Acting Financial Services Manager were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the Construction of RFT 21/22-27 Harold Corr Storage noting that, while only two tenders were received, the company has demonstrated their ability to meet Council’s requirements and their proposal is the most advantageous to Council.

The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The construction will impact nearest residences, other sport facilities and environmentally sensitive areas.  A review of environmental factors has been carried out to ensure these risks are mitigated.

Recommended Tenderer

BuildCo Projects Pty Ltd tender is considered by the Tender Evaluation Committee to provide the highest value for money among the offers received.

The recommended company BuildCo Projects Pty Ltd was selected based on their:

1.       Compliance with Tender evaluation Criteria

2.       Demonstrated ability to meet Council expectations; and

3.       Best Value for Money

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

The Committee is confident that BuildCo Projects Pty Ltd has comprehensively provided a detailed methodology, covering all aspects of the tender and demonstrated the required level of expertise and experience, to deliver the best results for the project.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 21/22-27 Harold Corr Storage be received

2.     BuildCo Projects Pty Ltd be awarded the contract for RFT 21/22-27 Harold Corr Storage, Cambridge Park for an amount of $258,755.00 excluding GST subject to the return of an acceptable financial report and the execution of a formal agreement.

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.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

4        NSW Rural Fire Service (RFS) - Rural Boundary Clearing Code                                   23

 

5        Floodplain Development Manual Update - Submission to the Department of Planning and Environment                                                                                                                     31

 

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

4

NSW Rural Fire Service (RFS) - Rural Boundary Clearing Code   

 

Compiled by:               Greg McCarthy, Manager Environmental Health and Compliance

Authorised by:            Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We care for our environment

Strategy

Protect and improve the environment of our City

Service Activity

Deliver programs that help improve our City’s natural environment, including significant native roadside vegetation

      

 

Executive Summary

The NSW Rural Fire Service Rural Boundary Clearing Code (RBC Code) commenced in September 2021. In summary, the code allows for the clearing of vegetation within 25 metres of a property boundary in rural areas without the need for approval.

The RBC Code does not automatically apply to all Councils in NSW. There are 17 Councils in the Sydney Metropolitan Area, including Penrith, to which the Code did not automatically apply. Council can however opt into the Code. At this stage, Hawkesbury City Council is the only council that has opted into the Code.

After considering the details of the RBC Code and its possible application to the Penrith LGA, it is recommended that Council not opt into the RBC Code for the following reasons:

·    The Rural Fire Service has not provided evidence to demonstrate the benefits of adopting the RBC Code;

·    Evidence suggests that there has been minimal demand from Penrith residents in rural areas to remove trees to protect against bushfires;

·    The lot sizes and patterns in Penrith mean that 59 per cent of the rural lands in the north of the LGA would fall in the 25 metre clearing area with some entire properties able to be cleared, which is not the intention of the RBC Code;

·    The impact on vegetation could be significant with 14km2 of unprotected vegetation within the 25 metre clearing area in the north of the LGA;

·    There are a range of existing mechanisms already available to residents to manage the risk of bushfire; and

·    Experience with the existing 10/50 Vegetation Clearing Scheme suggests that there could be significant non-compliance with the RBC Code resulting in the need for increased Council compliance activity;

Background

The NSW Bushfire Inquiry was undertaken in response to the 2019/20 bushfires. The Inquiry met with people who had been directly affected by the 2019/2020 bushfires.  None of these meetings were undertaken within the Penrith LGA. 

 

A final report of the Inquiry was released in July 2020. It made 76 recommendations for improvements to how NSW plans, prepares for, and responds to bushfires. The report outlined that more research was needed into a range of hazard reduction techniques to better understand the costs versus benefits and effectiveness of different practices in various circumstances. 

 

In response to the final report, NSW Rural Fire Service Rural Boundary Clearing Code (RBC Code) commenced on 11 September 2021. Despite not being a recommendation of the report, the RBC Code permits owners of rural zoned land to remove vegetation within 25 metres of their property boundary subject to the requirements of the RBC Code. No clearing can be undertaken under the RBC Code within the non-rural zoned land or portions of land.

 

In conjunction with the RBC Code, a Fact Sheet, and a Rural Boundary Clearing Online Tool has been developed and is available on the NSW RFS website which allows a landowner to search to see if the RBC Code applies to their property (Appendix 2). 

 

Local Government NSW has written to the NSW Rural Fire Service outlining its concerns in relation to the RBC Code, and the lack of consultation and communication with local government in its development and rollout.

Current Situation

Local Government Areas to which the RBC Code applies

 

The RBC Code identifies the LGAs across NSW where the Code automatically applies. There are 17 Sydney Metropolitan Area LGAs, including Penrith, to which the Code did not automatically apply.

 

The Deputy Commissioner of the NSW RFS wrote to Council advising that the provisions of the RBC Code do not apply to Penrith unless the Council makes a request in writing to the Commissioner of the NSW RFS to ‘opt in’ (Appendix 1).

 

A review of the NSW RFS website indicates that Hawkesbury City Council is the only council to have opted into the Code. 

 

It is the responsibility of the owner of the land to maintain a copy of the Rural Boundary Clearing Online Tool search results from the day that the clearing is undertaken. Landowners are required to provide evidence of the online search tool results in the circumstance that a relevant regulatory authority seeks such evidence.

 

How the RBC Code would apply in the Penrith LGA

 

The RBC Code provides for vegetation clearing work on land within a rural zone and within 25m of the holding’s boundary with adjoining land without a permit or approval. This provides for the removal or pruning of any vegetation, including trees, by landowners on their own property within 25m of the boundary of their holding. The clearing is for the purpose of bushfire hazard reduction and clearing should only be done to the minimum extent necessary.

 

The RBC Code only applies to land in a rural zone. For Penrith that would be land in the Penrith LEP 2010 RU1, RU2, RU3, RU4 and RU5. There are large areas of land within the southern area of the Penrith LGA currently zoned rural land that have been identified in various NSW Government strategic planning strategies. The areas identified as the Western Sydney Aerotropolis and Orchard Hills Urban Investigation Area make up most of this land and will be/or have started to be rezoned for urban development. As a result, if Council decides to ‘opt in’ to the RBC Code Scheme, its application will be most prevalent in the northern area of the LGA. 

 

There are additional exclusions and restrictions that landholders would need to comply with under the RBC Code. These restrictions do not allow clearing of:

 

·    Parcels containing critically endangered ecological communities, such as Cumberland Plain Woodland and Agnes Banks Woodland and Shale-Sandstone Transition Forest

 

·    Vegetation of high environmental significance identified as part of the bio-certification of the Cumberland Plain Conservation Plan (currently only draft)

 

·    Riparian buffer zones

 

·    Aboriginal modified trees and Aboriginal heritage 

 

·    Land protected by conservation agreements; and

 

·    Land with a slope greater than 18 degrees.

 

 

Other restrictions include:

 

·      Requirements around the use of herbicides to provide the cleared area

 

·      Requirements around the use of fire to provide the cleared area; and

 

·      Avoiding harm to native and introduced animals

 

Currently in the Penrith LGA, the removal of vegetation for bushfire risk would mostly require a tree permit application. A review of tree removal applications shows that 396 tree permit applications were received in 2021. Of the applications assessed to date, only 10 related to properties within a rural zone while none of the applications identified bushfire risk as the primary reason for tree removal. This would indicate that there is minimal demand from Penrith residents to remove trees in rural areas in response to bushfire risk.

 

Considerations when deciding whether Penrith should to ‘opt in’ to the RBC Code

 

There are a number of considerations before determining if Council should ‘opt in’ to the RBC Code. These primarily relate to biodiversity impacts but also include resourcing, compliance and other potential impacts. These considerations include:

 

1.   Only critically endangered vegetation is exempt from the RBC Code. There are several vegetation communities within the Penrith LGA that are not listed as critically endangered, but are listed as vulnerable or endangered (a lower conservation status) under the NSW Biodiversity Conservation Act (BC Act)

 

2.   There are inconsistencies in conservation status between the NSW BC Act and the Commonwealth Environment Protection and Biodiversity Conservation Act (EPBC Act). These inconsistencies have resulted in some vegetation communities being listed as having higher conservation status in the EPBC Act than in the BC Act. 

 

Noting points 1 and 2, ‘opting in’ to the RBC Code could result in considerable impacts to vegetation communities that are not listed as critically endangered under the BC Act, but are under the EPBC Act, including Castlereagh Scribbly Gum Woodland in the Sydney Basin, Cooks River/Castlereagh Ironbark Forest and River-flat Eucalypt Forest.

 

3.   Many of the lots that the RBC Code would apply to are long and narrow (for example frontages of 80m wide or less). The lot sizes and patterns in Penrith mean that 59 per cent (61km2) of the rural lands in the north of the LGA would fall in the 25 metre clearing area with some entire properties able to be cleared, which is not the intention of the RBC Code. A Buffer area analysis has been developed for the northern area of the LGA and has been enclosed separately for the information of Councillors. Of this area, 14.7km2 (or 24 per cent) includes unprotected vegetation.

 

Allowing 25m of clearing on either side of each boundary in these areas will result in significant biodiversity impacts, not just from the significant area of vegetation that will be removed, but also from other impacts such as increased edge effects and fragmentation of both fauna and flora communities.

 

4.   When considering impacts to threatened ecological communities, there are a variety of individual flora and fauna species in the Penrith LGA that are threatened, including the Cumberland Plain Land Snail. This snail is particularly vulnerable as it is not a highly mobile species and cannot easily move into other areas like a glider or possum can. The RBC Code would reduce habitat availability and fragment existing populations of this species and other ground-dwelling fauna that need vegetative cover to move around.

 

5.   There may be no regard for old-growth habitat trees with large hollows if they are within the 25m zone as there is no mention of these in the RBC Code. Hollow bearing trees are particularly valuable as they provide roosting and breeding habitat for many different fauna species and need to be protected.

 

6.   The 10/50 Vegetation Clearing Scheme allows people in a designated area to clear trees on their property within 10m of a home, without seeking approval; and clear underlying vegetation such as shrubs (but not trees) on their property within 50m of a home, without seeking approval. The Scheme was introduced by the RFS following the 2013 NSW bush fires. In terms of resourcing and compliance, Council’s experience with the RFS 10/50 entitlement shows that property owners do not always consult the online tool or regularly check to see if the 10/50 code applies to their property prior to clearing. This results in many occurrences of unauthorised clearing being undertaken. It is likely a similar pattern will occur if Council was to ‘opt in’ to the RBC Code. This will increase the resourcing burden for the Compliance Team. 

 

7.   There would be the increased volume and complexity of compliance matters in terms of who and how potential soil erosion and water quality degradation is monitored particularly in relation to clearing to gradients less than 18 degrees permitted under the RBC Code.

 

8.   The likelihood of conflict between neighbouring property owners due to clearing or not wanting to clear a property boundary permitted to under the RBC Code.

 

9.   Depending on the size and the layout of vegetation on a property, the boundary of the property may not always be the most logical place to fight a fire or limit a fire’s progression.

 

Mechanisms to mitigate bushfire risk that an owner can pursue already exist, including:

 

a.   Seeking approval from Council through a Native Vegetation Clearing Application; 

 

b.   If the Biodiversity Offset Scheme is triggered, owners can seek approval from the Native Vegetation Panel to remove vegetation; or

 

c.   Owners can take measures to ensure that their properties are tidy and fuel loads maintained and can also make improvements to their dwellings to increase bushfire protection.

 

There may be potential impact associated with Council not ‘opting in’ to the RBC Code Scheme, including criticism of Council by property owners in bushfire prone areas who may consider that the RBC Code would give them a more flexible management approach of their property in relation to the spread of fire into or from their land. 

 

It is likely there may be differences of opinion within the community as to whether Council should ‘opt in’ to the RBC Code Scheme for the Penrith LGA.

 

Financial Implications

 

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

Risk Implications

The implications of bushfire risk to property owners if Council does not opt into the RBC Code have been considered. There are a number of existing mitigation measures for bushfire risk that an owner can pursue, and these have been addressed in this report.

Conclusion

In summary, because of the unintended consequences of the RBC Code on the Penrith LGA (primarily because of lot size and layout), the extent of potential vegetation removal and the availability of existing mechanisms to manage bushfire risk, it is recommended that Council not opt into the RBC Code at this stage.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on the NSW Rural Fire Service (RFS) - Rural Boundary Clearing Code be received

2.     Council does not opt into the NSW Rural Fire Service Rural Boundary Code.

 

 

ATTACHMENTS/APPENDICES

1.

Letter from RFS regarding joining the Rural Boundary Clearing Code Scheme

2 Pages

Appendix

2.

NSW Rural Fire Service - Fact Sheet

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - Letter from RFS regarding joining the Rural Boundary Clearing Code Scheme

 

Text, letter

Description automatically generated

Text, letter

Description automatically generated


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 2 - NSW Rural Fire Service - Fact Sheet

 

Text

Description automatically generated


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

5

Floodplain Development Manual Update - Submission to the Department of Planning and Environment   

 

Compiled by:               Mylvaganam Senthilvasan, Floodplain Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We care for our environment

Strategy

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

Service Activity

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

      

 

Executive Summary

The purpose of this report is for Council to approve that officers be authorised to finalise and lodge Council’s submission to the “Draft Flood Risk Management Manual” (based on this report and attachment).

The Draft is an update of the 2005 manual. In most part, the changes that have been made in the Draft are relatively minor and technical in nature. It is proposed that Council supports these changes noting that Council has previously incorporated some of the changes in its work as part of best practice floodplain management.

While it is proposed that Council support the changes in principle, the draft Council submission does call on the NSW Government to provide more guidance around how climate change and land use planning are to be considered as part of floodplain management.

Background

The primary objective of the NSW Government Flood Prone Land Policy (policy) is to reduce the impact of flooding and flood liability on communities and individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods. 

The management of flood prone land is, primarily, the responsibility of local councils. The role of local councils in implementing the policy needs to consider the policy provisions.  The State Government supports councils to undertake floodplain risk management studies, plans and flood mitigation works and measures in their local government areas to implement the policy. State Government support for implementing the policy and its provisions includes:

•     The provision of specialist technical assistance to councils for all flooding and land-use planning matters.

•     The provision of the (existing) floodplain development manual (the Manual) to assist councils in preparing and implementing floodplain risk management plans.

•     Continuing to subsidise flood studies, floodplain risk management studies and plans, works, and measures.

•     Developing regional and district land-use strategies and plans under the Environmental Planning and Assessment Act 1979.

The relevant state government agencies undertaking these roles are identified in the Manual.

Floodplain Development Manual Update

The NSW Government released the first Floodplain Development Manual in 1986 to assist consent authorities to deal with flood liable land.  In 2001, a revised Manual was prepared to update the 1986 Manual.  The Manual was further updated in 2005 and since then no further updates were undertaken until now. The 2005 Manual is the current manual that has been used by local councils.

The current NSW Floodplain Development Manual (2005 Manual) has now been updated by the NSW Government and the new Manual has been prepared in accordance with the policy to support its implementation.  The new manual is named as “Draft Flood Risk Management Manual”.

The new (draft) Flood Risk Management Manual (Referenced as DPE EES 2022b) is currently in draft form and was on display for public comment.  It, once finalised and approved by the government, will replace the current Floodplain Development Manual (2005 Manual) as the NSW Government’s Manual relating to the management of flood liable land in accordance with section 733 of the Local Government Act 1993 (LG Act).

The New Manual - Flood Risk Management Manual (DPE EES 2022b)

Unlike the previous versions of the Manuals, the new Manual has been prepared as a package and consists of the Manual, and nine Toolkits which are listed below:

Manual

Flood Risk Management Manual (DPE EES 2022b)

Toolkits

1.   Administrative Arrangement Guide (AG01)

2.   Delivery under the flood risk management framework (FG01)

3.   Floodplain Risk Management Committee Handbook (FG02)

4.   Understanding and Managing Flood Risk (FB01)

5.   Flood Function (FB02)

6.   Flood Hazard (FB03)

7.   Flood Risk Management Measures (MM01)

8.   Support for Emergency Management planning (EM01)

9.   Flood Impact and Risk Assessment (LU01)

As described by the Department, the manual package provides:

·    a name that better reflects the role of the Manual in supporting local councils to understand and manage flood risk to improve flood resilience within communities.

·    a vision for flood risk management in New South Wales consistent with national best practice

·    a clear set of principles for councils to consider in flood risk management for their communities

·    more clarity and adaptability on state agency roles and responsibilities

·    ongoing support for the flexible merit-based approach that has allowed councils to successfully manage flooding to their communities on a risk basis

·    a platform to support continual improvement in technical guidance

·    more emphasis of the importance of improved accessibility to flood information and tailoring information to suit the varied needs of end users

·    more emphasis on the importance of examining scenarios that consider the impacts of future development, climate change, and catchment changes on flooding so this information is available to inform decisions

·    more clarity on advice on how councils can fulfil their responsibilities in managing flood risk in urban areas across their local government area through a flood risk management framework, consistent with national best practice. This advice outlines the importance of:

Ø  having effective flood risk management governance arrangements

Ø  setting directions and undertaking forward planning for flood risk management

Ø  managing flood information and making it available to inform decisions within and outside of government

Ø  considering flood risk strategically in emergency management, infrastructure, and land use planning decisions

Ø  ensuring long term asset management of flood mitigation infrastructure in accordance with the Local Government Act 1993 Integrated Planning and Reporting Framework

Ø  engaging with the community on flood risk management activities.

 

Public exhibition of the updated draft Manual

The updated draft Flood Risk Management Manual (DPE EES 2022b) together with the nine Toolkits were placed on exhibition for public comment by the NSW Government from 8 February 2022 to 18 March 2022, and later the public exhibition periods were extended to 4 April 2022 due to the March 2022 flooding. Submissions closed 4 April 2022.

Council requested the Department of Planning and Environment (DPE) that manages the public exhibition process to further extend the exhibition periods as the review of all documents would take considerable time. However, our request was not supported by the DPE and no further extension of was time given.

To meet the deadline (4 April 2022) of the submission we have forwarded an advance copy of our proposed draft (unendorsed) submission. We will send our formal submission once Council has endorsed the submission.

Council’s Review of the updated draft Manual

Council officers from various relevant departments of Council reviewed the draft Manual and the Toolkits.

Attachment 1 presents the proposed draft submission, which subject to endorsement from Council, will form the basis of Council’s submission to the Department of Planning and Environment.

The main changes in the updated policy (Manual) provisions include:

•     An emphasis on the importance of developing and implementing Flood Risk Management plans based on an integrated mix of management measures that address the full range of risks to existing and future development

•     A floodway definition based on consideration of the effect of loss of flow conveyance on flood behaviour, hazard, and flood damages. Specific development restrictions generally apply in floodways depending on the circumstances.

(Note: Council has been defining the flood functions (floodway and flood storages) using the methods described in the updated Manual. We have been proactive and implemented in our urban overland flow flood studies as well as in mainstream flood studies (example- South Creek)).

•     Flood hazard definition that draws on the Australian Institute for Disaster Resilience (AIDR) Guideline 7-3: Flood Hazard that supports AIDR Handbook 7: Managing the floodplain, and on the ARR2019.

(Note: Council has been implementing the new flood hazard definition in all its flood studies since the release of ARR2019).

•     Recognition of the importance of emergency management in addressing continuing flood risk in the State Emergency Service Act 1989 and NSW State Flood Plan and the close relationship between Emergency Management planning and the Flood Risk Management process and framework.

•     A flexible merit-based approach to be followed by councils in dealing with development or redevelopment of flood prone land

•     A merit-based approach to the selection of appropriate flood planning levels (FPL). This recognises the need to consider the risks associated with the full range of flooding, up to and including the Probable Maximum Flood (PMF). Determining the FPL for typical residential development should generally start with a defined flood event (DFE) of the 1% annual exceedance probability flood plus an appropriate freeboard (typically 0.5 metres)

•     Councils are responsible for the determination of appropriate planning and development controls, including FPL, to manage flood risk relating to development and redevelopment to an acceptable level based on social, economic, and ecological, as well as flooding considerations. These controls should be cognisant of higher level (state, regional and district) strategies, plans and directions.

•     Explicit recognition that flood risk management needs to consider the principles of ecologically sustainable development (ESD) through consideration of relevant government policies and legislation allowing for the sustainable use of the floodplain as a natural resource. All agencies must comply with the planning and assessment requirements of relevant government policies and legislation associated with the use, development, and management of the floodplain.

•     Flood risk and impact assessment for new developments and rezoning.

Overall, the updated policy, the Manual and associated Toolkits provide a clear descriptive guidance and procedures to better manage flood liable land when compared to the current Manual 2005. In principle we are recommending support for the changes in the updated Manual and associated Toolkits.

Financial Implications

There are no financial implications for Council resulting from this report.

Risk Implications

There are no risks associated with the content of the report and the draft submission to the Department of Planning and Environment. Once finalised and adopted by the State Government, it is imperative that Council conforms to the Manual.

 

Conclusion

The current Floodplain Development Manual (2005 Manual) has now been updated by the NSW Government. A new (draft) Manual has been exhibited in accordance with the Flood Prone Land Policy to support its implementation. The new draft Manual and associated Toolkits were placed on public exhibition by the NSW Government. Council officers have reviewed the draft Manual and associated Toolkits and prepared the draft submission for Council’s consideration and endorsement.

In principle we are supporting the updated Manual and the associated Toolkits. It is recommended that the draft submission (Attachment 1) be endorsed.

 

RECOMMENDATION

That:

1.     The information contained in the report on Floodplain Development Manual Update - Submission to the Department of Planning and Environment be received.

2.     Council’s Engineering Services Manager be authorised to finalise a submission, based on this report and attachments, to the Department of Planning and Environment.

 

 

ATTACHMENTS/APPENDICES

1.

Floodplain Development Manual Update - Draft Submission by PCC

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - Floodplain Development Manual Update - Draft Submission by PCC

 

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

6        Requests for Community Event Sponsorship - NSW Office of Sport and Penrith District Nitro Racing Incorporated                                                                                                43

 

7        RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction                  46

 

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

6

Requests for Community Event Sponsorship - NSW Office of Sport and Penrith District Nitro Racing Incorporated   

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council requests for community event sponsorship received from the NSW Office of Sport and Penrith District Nitro Racing Inc (PDNR) to support community events being held in Penrith City.

This report provides Council with details of the sponsorship proposals received, including the proposed sponsorship benefits.

The NSW Office of Sport has submitted a request for $2,000 sponsorship from Council to support the 2022 Western Sydney Marathon, to be held at the Sydney International Regatta Centre (SIRC) on 26 June 2022.

Penrith District Nitro Racing Incorporated (PDNR) has submitted a proposed for $1,000 sponsorship from Council for the 2022 Remote Control Racing Australia (RCRA) NSW On-Road Championships, to be held at SIRC from 27-29 May 2022.

Council officers have assessed all applications against the Events Sponsorship Policy’s criteria for community event sponsorship.

This report recommends that Council provides sponsorship of $2,000 to the NSW Office of Sport to support the 2022 Western Sydney Marathon and $1,000 to Penrith District Nitro Racing Incorporated for the 2022 RCA NSW On-Road Championships.

2022 Western Sydney Marathon event

The Western Sydney Marathon is Western Sydney’s premier running event, offering five different race categories suitable for all ages and abilities. This is the tenth edition of the event to be held at SIRC.

SIRC is managed and run by the NSW Office of Sport. The Western Sydney Marathon event is their only inhouse managed and delivered event. The application for sponsorship has been submitted by SIRC staff on behalf of NSW Office of Sport.

The event features a health and fitness expo, kid’s activities, entertainment offerings and remedial massage. The event brings families and communities together and attracts runners from across the region, as well as a growing intrastate and interstate audience.

The event is estimated to attract 1,800 attendees, primarily from the Western Sydney region.

The funding will go towards the general costs of running the event including course markers, stocked recovery stations and race bibs.

Council has previously funded the Western Sydney Marathon event to the value of $4,000 in 2014, $2,500 in 2015 and for $2,000 per year between 2016 – 2019.

Proposed Sponsorship Benefits

The sponsorship opportunity presented by the NSW Office of Sport for the 2022 Western Sydney Marathon event would provide Council and the community of Penrith City with benefits including:

·    Logo inclusion on race bibs

·    Logo inclusion on event signage and promotional materials

·    Opportunity to display Council signage at the event

·    Council recognised as an event sponsor in promotional material and associated media coverage

2022 RCRA NSW EP On-Road Championships event

Penrith District Nitro Racing Incorporated (PDNR) is a volunteer-based, not-for-profit radio control car club, based in Penrith since 1997. PDNR's aim is to educate and foster the hobby of radio control racing for the community through the organisation and operation of racing events and activities.

PDNR are planning to hold their first event sanctioned by the activity’s peak governing body, Radio Control Racing Australia (RCRA) in 2022. The RCRA NSW EP On-Road Championships has run since the late 1990s and attracts racers from around Australia as they battle to become the NSW Champion in one of 6 different classes, including a dedicated class for under 14s.

The event scheduled for 27-29 May 2022 is estimated to attract 120 participants plus 250 attendees. Council’s sponsorship would be used by organisers to host a live broadcast throughout the 3-day event with live video, race commentary and an overlay of results.

This is the first time that Council has been approached to sponsor this event.

Proposed Sponsorship Benefits

The sponsorship opportunity presented by PDNR for the 2022 RCRA NSW EP On-Road Championships event would provide Council and the community of Penrith City with benefits including:

·    Video advertisements played during the livestream (provided by Council)

·    Logo inclusion on event signage and promotional materials

·    Opportunity to display Council signage at the event

·    Council recognised as an event sponsor in promotional material and associated media coverage

Assessment of community sponsorship proposals

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for eligibility for Community Event Sponsorship.

Both sponsorship proposals have been assessed against the Policy’s criteria for Community Event Sponsorship and are eligible for sponsorship from Council.

Financial Implications

Funding is available within the existing City Activation, Community and Place budgets for 2021-22 including the Community Event Sponsorship budget which is specifically for the purpose of working in partnership and supporting the local community to encourage, develop and conduct a wide range of local recreational, business, cultural and community events that make a positive contribution to Penrith City.

Risk Implications

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

Conclusion

Council has received two requests for community sponsorship from the NSW Office of Sport and Penrith District Nitro Racing Incorporated. The requests total $3,000.

The report recommends that Council sponsors the NSW Office of Sport for $2,000 towards the 2022 Western Sydney Marathon event and Penrith District Nitro Racing Incorporated for $1,000 towards the 2022 RCA NSW On-Road Championships event. Funds are available from the Community Events Sponsorship budget.

Should Council resolve to support both requests for community event sponsorship, Council will enter into sponsorship agreements with each event organiser.

 

RECOMMENDATION

That:

1.     The information contained in the report on Requests for Community Event Sponsorship - NSW Office of Sport and Penrith District Nitro Racing Incorporated be received

2.     Council endorse $2,000 in community event sponsorship to the NSW Office of Sport in support of the 2022 Western Sydney Marathon event

3.     Council endorse $1,000 in community event sponsorship to Penrith District Nitro Racing Incorporated in support of the 2022 RCA NSW Onroad Championships event

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

7

RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction   

 

Compiled by:               Matthew Buckley, Major Projects Coordinator

Wasique Mohyuddin, Major Projects Coordinator

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan and deliver Council’s major capital projects for open space and recreation

 

Previous Items:           RFT21/22-07 Gipps Street Recreation Precinct - Landscape Construction - Ordinary Meeting - 21 Feb 2022      

 

Executive Summary

A tender for the landscape construction of the new Gipps Street Recreation Precinct was advertised on 11 November 2021 on Apet360 and e-tendering websites and closed on Monday 28 January 2022.

At the 21 February 2022 Ordinary meeting all tenders were rejected and delegation was granted for Penrith City Council’s General Manager (and his delegates) the authority to negotiate a tender outcome and bring back a recommendation to a future meeting of Council for award.  

This report advises on the outcomes of negotiations and recommends Glascott Landscape and Civil Pty Ltd be awarded the contract for construction of RFT21/22-07 Gipps Street Recreation Precinct – Landscape Construction.

Background

Tenderers were required to provide a lump sum (Stage 1 works), rates for additional delivery items (Stage 2 items), and provisional rates for remaining site remediation and leachate system repair which cannot be awarded as a fixed lump sum due to the exploratory nature of the works. Stage 2 items are subject to any future funding and grant opportunities received during the contract term.

The pricing originally submitted by the short-listed tenderers was well above the available budget. The tender evaluation panel was of the opinion that calling for fresh tender would result in attracting the same businesses with same response and project will be further delayed.

At the 21 February 2022 Ordinary meeting all tenders were rejected and delegation was granted for Penrith City Council’s General Manager (and his delegates) the authority to negotiate a tender outcome.

Tender Negotiation Process

The three shortlisted tenderers Statewide Civil Pty Ltd, Lloyd Group Pty Ltd and Glascott Landscape and Civil Pty Ltd were invited to participate in tender negotiations with Council.

The tender evaluation panel requested the three shortlisted tenderers to submit a revised offer based on:

·    Additional funding from Council reserves and notified successful grants.

·    Amendments to the identified stage 1 and stage 2 deliverables.

·    Value Engineering undertaken by design consultants and council officers.

·    Value Engineering and innovation opportunities by tenderers.

 

The intent of negotiations is to deliver the Gipps Street Masterplan, and not diminish or remove scope items important to our community.

To maintain probity throughout the process, all correspondence and revised offers were submitted through Council’s online tendering software portal in accordance with standard tendering processes.

A professional probity advisor, independent of Council, was appointed for the duration of the negotiation process.

The revised offers for Stage 1 received by Council are listed below in price order.

Company

Negotiated Lump Sum Tendered Price (excl GST)

Company Address

Owners/Directors

Glascott Landscape and Civil Pty Ltd

$25,989,264.27

Level 1/7-9 Orion Rd, Lane Cove NSW 2066

Matthew Glascott,

Craig Sutherland,

Matthew Bourke

Statewide Civil Pty Ltd

$29,994,392.87

14 Harvey Street Pyrmont, Sydney, NSW, 2009

Clinton Lloyd,

Dustin Lloyd

Lloyd Group Pty Ltd

$34,116,902.53

Unit 9/40 Brookhollow Avenue, Baulkham Hills NSW 2153

Michael Dominello

 

Evaluation of the Preferred Tender

After detail review and obtaining clarifications, it was determined that Glascott Landscape and Civil Pty Ltd provided best value for money, they also scored highest in the previously completed non-cost effectiveness assessment and are recommended for the award.

The provisional site leachate repair and site remediation rates were also evaluated and demonstrated value for money in comparison to the other tenders.

The provisional rates for additional delivery items (Stage 2 items) were also assessed and evaluated by the tender evaluation panel. The Stage 2 provisional rates demonstrated good value for money in comparison to the other tenders. The Stage 2 provisional items have a combined value of $5,318,405.66 excluding GST.

If Council receives additional grant funding during the term of the contract, there are a number of delivery items and rates from the original tender scope that may be reincorporated into the Gipps Street Recreational Precinct scope (as further Stage 2 deliverables) at the discretion of Council, should funding be available and should the benefit be advantageous to the community.

Financial Implications

Included in the assessment of the original tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Glascott Landscape and Civil 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 did not identify any reason why the contract should not be awarded.

Included in the draft 2022/23 and adopted 2021/22 Operational Plan is a provision for the Gipps Street capital works project. Funding consists of Section 7.11 District Open Space Contribution Plan and Council’s Waste Reserve.

The estimated maintenance and operational cost requirements for the recreational precinct starts at $575,000 per annum. Council’s future asset maintenance budgets will be adjusted per Council’s Budget Guidelines at completion of the 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 Brian Steffen - Director City Services, Adam Beggs – Acting Governance Manager and Matthew Saunders – Acting Financial Services Manager were briefed by the Design and Projects team about the negotiation process followed.

The TAG considered the recommendations in relation to the tender RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction. The TAG reviewed the tender negotiation and evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

All three revised offers received were assessed by the tender evaluation panel. Glascott Landscape and Civil Pty Ltd provided the best value for money offer and also achieved the best result in the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Glascott Landscape and Civil Pty Ltd, for the amount of $25,989,264.27 (excluding GST) be accepted for RFT21/22-07 Gipps Street Recreation Precinct – Landscape Construction.

It is also recommended that the provisional rates from Glascott Landscape and Civil Pty Ltd for site remediation and rates for additional delivery items (stage 2 items) as contained within their Negotiation submission and clarifications be accepted subject to the availability of additional funding within the contract period.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction be received

2.     The tender from Glascott Landscape and Civil Pty Ltd, for the amount of $25,989,264.27 (excluding GST) be accepted for RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction.

3.     The provisional rates from Glascott Landscape and Civil Pty Ltd, for site remediation and additional delivery items (stage 2 items) be accepted for RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction subject to the availability of additional funding within the contract period.

4.     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.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

8        Exhibition of Draft Community Strategic Plan 2036, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational plan and Draft 2022-23 Fees and Charges                                                                                                                            53

 

9        Amendment to Easement Plan - Lot 106 DP1236304 benefiting Penrith City Council 68

 

10      Jamison Road Penrith - Council Land Acquisition for Road Widening Purposes           81

 

11      WestInvest Program                                                                                                         88

 

12      Workers Insurance (Compensation) Service Review Outcome                                      95

 

13      Summary of Investment & Banking for the period 1 March 2022 to 31 March 2022      98

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                      2 May 2022

 

 

 

8

Exhibition of Draft Community Strategic Plan 2036, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational plan and Draft 2022-23 Fees and Charges   

 

Compiled by:               Lawrence Hennessy, Corporate Strategic Lead

Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Craig Shepherd, Corporate Performance Lead

Matthew Saunders, Rates Coordinator

Anthony Robinson, Risk and Audit Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

The Draft Community Strategic Plan – Penrith 2036+, Draft 2022 Resourcing Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan and Draft 2022-23 Fees and Charges are being presented to Council tonight, seeking endorsement for the documents to be placed on public exhibition. Following the exhibition, details of all submissions received and how they have been responded to will be presented to the Ordinary Meeting of Council scheduled for 27 June 2022. 

 

This Draft Operational Plan is the first instalment of a 4-year Delivery Program (2022-26) and contains specific actions for 2022-23 that aim to continue effective service delivery and progress actions for the identified priorities. At this stage a balanced budget position is reported in the Draft 2022-23 Operational Plan. In developing the Draft 2022-23 Operational Plan detailed briefings have been held with Councillors on 7 March and 4 April 2022 on the development of the 2022-23 Budget and to confirm the Rates Structure.

 

It is proposed that the draft corporate planning documents be placed on public exhibition from 6 May to 2 June 2022 (inclusive). A report summarising the outcomes of the public exhibition and seeking Council’s adoption of the Draft Community Strategic Plan Penrith 2036+, Draft 2022 Resourcing Strategy, Draft 2022-26 Delivery Program and Draft 2022-23 Operational Plan (including Draft 2022-23 Fees and Charges), will be presented to Council at the Ordinary Meeting of 27 June 2022.

 

Draft Integrated Planning Documents

The Integrated Planning and Reporting (IP&R) framework for local government came into force in 2009 as an amendment to the Local Government Act 1993. Council has had a long-term Community Strategic Plan, a Community Engagement Strategy, a Resourcing Strategy, a Delivery Program and Operational Plans in place since then. Together these documents guide Council’s operations to deliver the services and facilities our community needs, and improve Penrith as a place to live, work and visit. All documents include indicators to measure our progress, which are reported on in six monthly progress reports, the Annual Report and the State of the City Report (formerly End of Term Report). 

The draft Community Strategic Plan (CSP) – Penrith 2036+, provided tonight as separate Enclosure 1 to this report, is the highest-level plan that Council prepares on behalf of the community, and covers a minimum of 10 years. The Plan identifies the community’s main priorities and aspirations for the future, establishes five strategic, community outcomes and the strategies to achieve them.

Council plays a custodial role in preparing and maintaining the plan, but it is not wholly responsible for its implementation. Penrith 2036+ includes areas that are the responsibility of other stakeholders such as governments, state agencies, non-government organisations, community groups and individuals. Council is committed to advocating and facilitating change on behalf of the community, but delivering on certain priorities may largely be the responsibility of other tiers of government and agencies.

Strategies articulated in the CSP that Council has direct control and responsibility for are further defined and implemented through Council’s Delivery Program and Operational Plans.

The Draft 2022-26 Delivery Program (separate Enclosure2) sets out Council’s Principal Activities for the next four years that will contribute to the delivery of the five Community Outcomes in the Draft Community Strategy Plan 2036. The document lists against each Principal Activity, performance measures and which function of Council has responsibility for the delivery.

 

The Draft 2022-23 Operational Plan (separate Enclosure 2) is included as an appendix to the Draft 2022-26 Delivery Program. The Draft 2022-23 Operational Plan is an annual plan that identifies actions for the next year that will contribute to the implementation of the four-year Draft 2022-26 Delivery Program Principal Activities, including the priority projects of the City Park, Soper Place multi deck carpark, Gipps Street, and Regatta Park. 

The Draft 2022-23 Fees and Charges component provides full details of Council proposed fees and charges and is provided as separate Enclosure 3.

 

The Draft 2022 Resourcing Strategy (separate Enclosure 4) demonstrates how Council will allocate its resources - time, money, assets and people - to deliver the objectives, activities and actions under its responsibility as articulated in the Community Strategic Plan, Delivery Program and Operational Plan.

 

The Resourcing Strategy consists of four components:

·    Long Term Financial Plan

·    Workforce Management Strategy

·    Asset Management Strategy and Plan

·    Digital Strategy

 

Budget Background

In 2015 Penrith was deemed ‘Fit for the Future’ by IPART providing an independent validation of the strategies in place and also the strategies proposed for the future. Council’s submission to IPART included the 2016-17 Special Rate Variation (SRV) and the continuation of AREAS.

 

The 2016-17 SRV incorporated four annual increases of 9.09% in 2016-17, 5.0% in 2017-18, 5.2% in 2018-19 and 5.4% in 2019 and included allocations for the following:

1.   Asset management, renewal, and backlog

2.   Realignment of service costs

3.   Increased investment to drive productivity initiatives

4.   Major Projects and Regional City infrastructure

5.   Building capacity to respond to emerging priorities

 

This 2016-17 SRV was one important element of a broader suite of Council strategies and actions developed over the past few years, including reform of our financial structures and commitment to the continuous pursuit of productivity. Savings from better ways of doing things, harnessing technology improvements, implementing new systems and reviewing service delivery will provide the capacity to continue to service our growing City. The development of the draft 2022-23 Budget will incorporate annual savings already identified in prior years and will continue to focus on identifying areas where further productivity savings can be achieved. 

 

In recent years Council’s operations have been impacted by COVID-19. In order to track the financial impact of COVID-19 on Council’s operations and revenue, a separate COVID-19 Impact Reserve was created. This Reserve initially resulted in a deficit balance as we are only notionally funding from the Reserve against other internal unrestricted reserves with the intention that future surpluses will be directed towards repayment of this Reserve. This Reserve was closed off from 1 July 2021 with a current projected closing balance as at 30 June 2022 is $3.9m. In preparing the Draft 2022-23 Budget it is proposed that the second of four annual repayments of $500,000 to this COVID-19 Impact Reserve be incorporated into the base budget.

 

In the current financial year strong financial management of Council’s Budget has been maintained throughout the first half of 2021-22 with a small surplus currently predicted after allocations to reserves. The current 2021-22 Operational Plan will continue to be closely monitored for the remainder of the financial year, with Council’s commitment to strong budgetary control ensuring that we are in the best available position to establish a balanced budget for 2022-23. 

At this stage the Draft 2022-23 Budget presents a balanced budget. In the event the Budget moves to a surplus position at the time of Public Exhibition, it is proposed to retain this amount in Council’s internal reserves for 2022-23 to provide for any significant movements that may arise in the current assumptions. Once the 2022-23 Budget and associated assumptions have been confirmed, any remaining reserve funds will provide Council with capacity to respond to additional priorities that have been identified or emerge in 2022-23, and to accelerate the repayment of the COVID-19 Impact Reserve.

 

To clarify our direction the financial strategies implemented to improve our financial capacity have been summarised under the acronym “Sustain”. 

A picture containing diagram

Description automatically generated

These seven strategies will provide a framework to guide our approach, set outcomes, assist in decision making, and measure success in achieving ongoing financial sustainability.

 

Budget and Revenue Policy, and Statutory Statements

The Annual Budget, Revenue Policy, and Financial commentary are contained in the Draft 2022-23 Operational Plan. This section of the document includes information regarding Rating Income, Waste Management, Borrowings, Grants, Reserves, Asset Replacement Programs, and Capital and Operating Projects.

 

The Draft 2022-23 Budget is summarised below:

 

Rates Income

Rating Increase - IPART Rate Peg & Special Rate Peg

The rate peg is announced by December each year for the following financial year and Councils can adopt the rate peg or apply to IPART for a higher increase under a Special Rate Variation (SRV).

IPART announced the 2022-23 rate peg as 1.4% for Penrith City Council on 14 December 2021. This was made up of the standard rate peg for all Councils of 0.7% plus a population factor for Penrith City Council of 0.7%.

Although applications for Special Rate Variations (SRV’s) are normally required to be made by February, the Office of Local Government and IPART announced in March that they would accept additional applications for SRV’s for up to a 2.5% increase only under a condensed application process, due to an abnormally low rate peg and complications resulting from the delay to council elections due to Covid-19.

The requirements for an application under the condensed SRV process are:

·    Councils would need to demonstrate the need for an SRV to meet the obligations that was set for 2022-23 in the 2021-22 IP&R documentation, including that the long term forecast for 2022-23 prepared in 2020-21 had a 2.5% rate increase forecast.

·    The application must be made by 29 April 2022.

·    If a permanent special variation is required Council would also need to demonstrate the financial need for the special variation to be included in their rate base on an ongoing basis.

 

Council Officers have prepared and lodged the special variation to increase the rate peg from 1.4% to 2.5% following direction provided by Councillors during the budget briefings. Council will now need to formal resolve to apply for the special variation at tonight’s meeting and a copy of the resolution will be submitted to IPART to complete the application.

 

Applications will be considered by IPART and an announcement will be made towards the end of June 2022. Should Council endorse an application for a Special Rate Variation and the application be approved by IPART, a decision on the rate increase will be considered at the Ordinary Council Meeting in June 2022.

Any rate increase applies to the total amount of rates that Council can collect above 2021-22 rates, however the percentage rate increases for individual property owners will be different (higher, the same or lower) to this increase due to a changing rates structure (see “Council Rates for 2022-23” below).

Council Rates for 2022-23

In 2021-22 Council commenced the introduction of a phased in discounted Residential rate for rural properties with a planned gradual reduction in rural areas over four years, with an eventual discount of 30% by the fourth year.

The discounted rural rate will be funded by increases to other property owners who will pay an approximate 4% increase including the rate peg each year commencing for four years, excluding property owners on the minimum rate who will only pay the rate peg increase.

In 2021-22 rural property owners received a discount of approximately 4.5% and in 2022-23 the discount will depend on whether Council rates increase by 1.4% or 2.5%.

Ordinary Rates

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

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

Council currently charges rates on three types of Land Categories with two Business and two Residential sub-categories:

a. Residential – General, with the following sub-categories:

i.    Residential – Rural Area

ii.    Residential – Rural 2 to 40 Hectares with dwelling

b. Farmland

c. Business – General, with the following sub-categories:

i.    Penrith CBD

ii.    St Mary’s Town Centre

 

Pension Rebates

Council provides eligible pensioners a pensioner subsidy. Council’s policy provides for a 50% rebate of rates and domestic waste charges to a maximum of $250. In addition, pensioners are given an additional rebate equivalent to the Stormwater Management Service Charge (applies to urban properties only).

Rates Revenue for 2022-23

Council currently has around 77,958 rateable properties contributing approximately 41% of Council’s total revenue. It is expected that both the Penrith CBD Corporation and the St Marys Town Centre Corporation will request a continuation of Business Sub-category rates to fund their respective activities. A total of $484,487 will be raised from Penrith CBD rates and $368,780 will be raised from St Marys Town Centre rates, assuming a 1.4% rate increase.

 

The 2022-23 Budget includes initial estimates for rates income with a net increase of $7m for Rates Income over the original estimate for 2021-22 included. This includes the 1.4% rate peg and predictions for growth of both Residential and Non- Residential rates but will be higher if a 2.5% Special Rate Variation is approved and adopted.

 

2022-23 RATES LEVY INCOME 1.4% Rate Peg

 

 

RATE CATEGORY

 

AD VALOREM RATE $

MINIMUM

RATE

2022-23

$

MINIMUM

RATE

INCREASE

$

TOTAL ANTICIPATED

GROSS REVENUE

$’000

 

 

NUMBER OF PROPERTIES

Residential

0.00350126

1,171.80

16.15

91,503

69,188

Residential Rural Area

0.00284035

1,171.80

16.15

18,390

4,719

Residential – Rural 2 to 40 Hectares with dwelling

0.00284035

1,171.80

16.15

722

200

Farmland

0.00175063

1,171.80

16.15

3,370

317

Business

0.00566547

1,428.50

19.70

26,145

2,903

Business - Penrith CBD Rate

0.00794016

1,428.50

19.70

3,420

403

Business - St Marys Town Centre Rate

0.00852795

1,428.50

19.70

1,046

228

TOTAL RATING INCOME

$144,596*

77,958

 

 

2022-23 RATES LEVY INCOME 2.5% Special Variation (subject to approval by IPART)

 

 

RATE CATEGORY

 

AD VALOREM RATE $

MINIMUM

RATE

2022-23

$

MINIMUM

RATE

INCREASE

$

TOTAL ANTICIPATED

GROSS REVENUE

$’000

 

 

NUMBER OF PROPERTIES

Residential

0.00350126

1,184.50

28.85

91,893

69,188

Residential Rural Area

0.00309145

1,184.50

28.85

19,502

4,719

Residential – Rural 2 to 40 Hectares with dwelling

0.00284035

1,184.50

28.85

766

200

Farmland

0.00175063

1,184.50

28.85

3,370

317

Business

0.00566547

1,444.00

35.20

26,163

2,903

Business - Penrith CBD Rate

0.00794016

1,444.00

35.20

3,422

403

Business - St Marys Town Centre Rate

0.00852795

1,444.00

35.20

1,047

228

TOTAL RATING INCOME

$146,163*

77,958

 

*N.B. The revenues identified in this section represent the gross anticipated revenues from the Rates Levy on 1 July 2022 prior to the application of Pensioner Subsidies, part year growth, Provision for Doubtful debts, and other subsidies and abandonments. These rates presented are indicative only and are subject to change before the formal rates are adopted at the 27 June 2022 Ordinary Meeting, due to supplementary valuations, categorisation changes and valuation objections processed to 30 June 2022

 

Insurance Premiums – CivicRisk Mutual (CRM)

Council is a founding member of CivicRisk Mutual (formerly Westpool, United Independent Pools).

CivicRisk Mutual facilitates insurance cover for Public Liability / Professional Indemnity, Industrial Special Risk (Property), comprehensive motor vehicle, Management Liability and minor ancillary cover. It currently has 24-member councils.

Services provided to members through CivicRisk Mutual (e.g. broking, claims management, legal and actuarial) are periodically market tested.

Overview of current position

The world is continuing to experience an unprecedented hard insurance market due to the pandemic, catastrophe claims and low interest rates which means buying insurance remains expensive with general market increases in property approx. +20%, liability approx. +10-15%, management liability and cyber +150-300%.

Full coverage of Council risks is still maintained, whilst other sectors are unable to get insurance for all risks and or limits.

CivicRisk Mutual doesn’t make a profit from the members, so increases in contributions are directly driven by increases in insurance and claims costs. By utilising the shared knowledge of risk management, claims costs are mitigated and provides savings, which members retain and add to their balance sheets at the end of each financial year.

The increase for Penrith City Council is $293k or 11% from $2.7m in 2021-22 to $2.99m in 2022-23 which is driven by market increases in Public Liability/Professional Indemnity insurance due to coming off a long-term fixed price deal, 9% increase in property assets and a 17% increase in property claims. This is before any profit share is known and allocated.

The protection provided by CRM as a cost per member of the community per year for 2022/23 is $14.06 (based on 2019 census population).

Comments by protection type (all figures ex GST) 

Public Liability and Professional Indemnity Contributions:

Also includes cover for Community Support, Corporate Travel, Personal Accident.

2021-22 (current year)

2022-23 (next year)

Change

$1,030,000

$1,210,000

+$180,000 (+17%)

Insurance costs have been low for the last 5 years as fixed increases had been negotiated with the primary insurer. This deal will expire in October 2023, and as such a provision for a market rate adjustment has been made. CRM received the benefit of multiple years paying less than that paid back in 2013. Penrith City Council also had an increase in rates/Opex of 14% and had a decrease in claims used in the formula of 13% which lowered the increase to below the average for all CRM members of 20%.

 

Property (ISR) Contributions:

2021-22 (current year)

2022-23 (next year)

Change

$1,198,000

$1,217,000

+$19,000 (+2%)

Cost for 2021-22 per $1m of property is $1,800 p.a. compared with retail market of $2,500-$3,000 per $1mil of assets. Costs for 2022-23 per $1m of property is $1,580 p.a. compared with retail market of $2,500-$3,000 per $1m of assets. Cost increases have been limited this year due to utilisation of the wholly owned subsidiary (CivicRisk Insurance Ltd) being able to purchase re-insurance more cost effectively for CivicRisk Mutual Ltd.

 

Motor Vehicle Contributions:

2021-22 (current year)

2022-23 (next year)

Change

$259,000

$273,000

+$14,000 (+5%)

Cost for 2021-22 is $563 per vehicle including heavy plant which is still lower than the market. Penrith also increased its fleet size by 16% in this recent year.

 

Management Liability Contributions:

Includes CDO, Statutory Liability and Employment Practices

2021-22 (current year)

2022-23 (next year)

Change

$159,000

$198,000

+$39,000 (+25%)

Cost increase as a result of higher claims costs expected in the new budget based on more recent claims activity and budgeting for an increase in insurance costs as the market is experiencing 150-200% increases.

 

Crime (Fidelity Guarantee) and Cyber Contributions:

2021-22 (current year)

2022-23 (next year)

Change

$56,000

$97,000

+$41,000 (+73%)

Cost increases are a result of increased cyber insurance premium. It’s worth noting that it’s still lower than in 2018-19 and 2019-20 years.

 

Stormwater Management Service Charge (SMSC)

In July 2012 Council replaced stormwater funding from an expiring Special Rate Variation, with a new annual charge for urban properties. The introduction of a Stormwater Management Service Charge (SMSC) ensures that programs are provided to deliver a wide range of stormwater management initiatives essential to the health of the catchment and responding to community expectations.

Whilst the maximum charge for urban businesses is capped by legislation at $25 plus an additional $25 for each 350 square metres or part of 350 square metres by which the area of parcel of land exceeds 350 square metres, Council’s levy for businesses is presently set below the maximum level at $22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of parcel of land exceeds 350 square metres. When it was introduced, the SMSC contributed by business properties was capped to match the level of revenue paid by businesses for the stormwater components prior to the Special Rate Variation expiring.

The charge for urban residential properties is set at the maximum amount of $12.50 for residential strata properties and $25.00 for non-strata residential properties. Rural properties and vacant properties are exempt from the SMSC. Pensioners are given a rebate equal to the SMSC, so are effectively exempt also.

The table below shows the anticipated number of properties to be subject to the annual SMSC, and an estimate of the revenue to be generated in 2022-23. Note that some part year SMSC charges are included for new services that come on throughout the year, so the calculation of the number of assessments by the annual charge does not equate exactly to the forecast revenue totals.

2022-23 ESTIMATED STORMWATER MANAGEMENT SERVICE CHARGE REVENUE

STORMWATER CATEGORY

 

ANNUAL CHARGE ($)

 

NO. OF PROPERTIES

2022-23

TOTAL REVENUE ($)

Urban Residential

 

 

 

Residential

25.00

45,371

1,336,975

Residential (Strata)

12.50

13,384

180,675

Residential (Pensioner)

25.00*

8,306

-

Residential

(Strata - Pensioner)

12.50*

1,232

-

Urban Business

 

 

 

 

 

 

Business

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

metres

 

 

 

3,215

 

 

 

1,048,979

 

 

TOTAL REVENUE

2,566,629

* Council’s Policy has provided a 100% rebate for eligible pensioners

 

Reserves

Details of Council’s Reserves are also included in the Draft 2022-23 Operational Plan, these are amounts held for specific purposes. Council’s Reserves are divided into Internal Reserves (set up to apply to Council policy) and External Reserves (required by law). Some Reserves are set up to ensure that Council’s policies with regard to a particular outcome are safeguarded, while others provide funds for a particular expressed purpose, sometime in the future.

 

Voted Works

Also included in the Reserves is an allocation to ‘Voted Works’. Council Policy is that an amount of $53,000 is allocated to each of the three Wards each year. These funds are normally applied to particular purposes of an urgent nature, in one or more of the Wards, by resolution of Council. Voted Works also provides an opportunity to allow some discretionary funding for items that arise unexpectedly during the year, and when all other funding in the annual program has been allocated. It is Council policy that any unexpended amounts in Voted Works are revoted to the following year.

 

Section 7.11 (formerly s94) Program of Works

A central feature of the Draft 2022-23 Operational Plan is the inclusion of the program of infrastructure works and community facilities, funded by Section 7.11 Contributions. A summary of the proposed Section 7.11 Program Capital Works expenditure for 2022-23 under each relevant Plan is provided below. They have been included in the Capital and Operating Projects section of the draft documents.

 

Fees and Charges

As part of the Draft 2022-23 Operational Plan process, Council’s Fees and Charges have been reviewed with the proposed increases in the fees set generally in the vicinity of the estimated CPI increase. The Draft Fees and Charges section details a description of each item, the 2021-22 charge and the proposed 2022-23 fee or charge.

 

Children’s Services fees have been incorporated into the Fees and Charges document at the amounts recommended by the Board of the Penrith Children’s Services Co-operative. The Fees and Charges for Controlled Entities are set and published by those organisations. Fees set by regulation are included at the current rates, however they are subject to change when the regulations change.

 

The 2022-23 Domestic Waste Management Charge is calculated for full cost recovery. All waste charges are set by Council to cover the cost of domestic waste collection services, clean up, waste processing/disposal, landfill, education, communications, illegal dumping, provision for future waste service planning, new technologies and associated services.

The Fees and Charges section of the Draft 2022-23 Operational Plan provides for different Domestic Waste Service combinations. A summary of the main services is summarised in the following table:

Domestic Waste Service – Main options

Rate per Week

$

Annual Charge

$

Percentage Increase

(decrease)

%

Anticipated Revenue

 

$

Vacant Land

1.40

73.00

4.2

81,395

1 Waste Management Service

Dom Waste – Sustainable Service

Dom Waste – War on Waste Service

Dom Waste – Large Service

Dom Waste – Weekly

Dom Waste – Large Weekly

 

Dom Waste – Collect and Return

 

7.98

5.96

9.67

12.21

15.81

 

9.35

 

 

415.00

310.00

503.00

635.00

822.00

 

486.00

 

 

1.5

1.3

1.4

1.4

1.4

 

1.5

 

 

18,566,270

7,750

7,279,416

5,130,165

2,279,406

 

6,604,852

 

 

 

 

Total*

40,372,924

* inclusive of income from additional bin options

Overall, the average increase in fees and charges included in the Draft 2022-23 Fees and

Charges is 3.7%. This category of income is estimated to be worth $92.4m, or 26% of Council’s total estimated revenue for 2022-23. 

Entities

Council subsidy for all entity budgets is currently being reviewed. The overall impact of the Controlled Entities on the proposed budget is discussed below.

Included in the Draft 2022-23 Budget at this stage are the following subsidies:

·    Penrith Performing and Visual Arts - total of $2.302m (2021-22 - $2.282 m)

·    Penrith Whitewater Stadium – Nil (2021-22- Nil). The PWS Board has written to Council requesting a subsidy from Council of $570,000 for 2022-23 ahead of them finalising their budget later in May 2022. Council Officers understand that the subsidy is being requested to enable the development of a balanced budget. This request, once confirmed by the PWS following their budget development, will be incorporated into the Final 2022-23 Budget subject to the endorsement of Council tonight.

 

In addition, the Draft 2022-23 Budget currently includes:                                     

·    A contribution to the RID Squad of $84,000.

·    A subsidy to the Children’s Services Co-operative of $150,000 assists with funding the cost of the Inclusion Development Fund (IDF) not met by government funding.

 

Long Term Financial Plan (LTFP)                                                                                                      

As part of the Council’s Resourcing Strategy Council prepares a 10-year Long Term Financial Plan (LTFP) which is to be updated annually as part of the development of the Annual Budget. The aim of the LTFP is to ensure that Council identifies financial issues at an early stage and reviews their effect on future activities. The LTFP must be reviewed in detail as part of the four yearly review of the Community Strategic Plan. The LTFP process involves four main elements:

§ Planning Assumptions;

§ Revenue Forecasts;

§ Expenditure Forecasts; and

§ Sensitivity Analysis.

The LTFP provides a key tool for the development and monitoring of Council’s Financial Strategy. The Plan outlines Council’s capacity to manage assets and deliver services over the next ten years. Council has a responsibility to manage its resources and finances to ensure its long-term sustainability. Recent actions by Council, including the 2016-17 SRV, has positioned the LTFP to demonstrate that Council has the capacity to manage its finances and deliver the services and programs identified in the Community Strategic Plan and Delivery Program.

Council’s LTFP is based on a set of assumptions which generally relate to those elements that are most likely to affect the overall outcome of the model. Future years’ forecasts are linked to the Operational Plan and provide a means of assessing the long-term financial implication of current year decisions. Assumptions made in the plan includes long term forecasts of:

§ Rating Revenue

§ Development Growth

§ Investment Return

§ Financial Assistance Grant

§ Employee costs

§ CPI or other agreed indexations

§ Capital works and services programs

§ Asset management programs

§ Anticipated Loan programs

§ Debt Servicing

§ Fees and Charges movements

§ Changes identified through ongoing improvement and review of services

 

Detailed modelling (5-10 years) is also undertaken for ICT, Major Projects, and Property Development which is then incorporated into Council’s LTFP.

It is important to keep in mind when projecting budgets over such a long period that estimates can alter significantly when assumptions are reviewed, particularly when the variances apply to larger items such as employee costs or rating income. However, the LTFP remains an important planning tool and is regularly updated with current data to ensure its usefulness in providing information for Council’s financial planning decisions.

Further details on Council’s LTFP may be found in the Resourcing Strategy (separate Enclosure 4).

 

Financial Implications

This report and separate enclosures include information regarding the budget preparation process, and the resulting financial position for the Draft 2022-23 Budget to be presented tonight for Council’s approval. The Budget preparation process aims to deliver a balanced or surplus Budget that funds the service level needs of the community, with a balanced budget currently predicted. The Budget and its financial implications will be publicly exhibited for comment and put forward for final adoption on 27 June 2022. In the event the Draft Budget moves to a surplus position at the time of Exhibition it is proposed to reserve this amount for significant movements in the current assumptions during 2022-23.

Risk Implications

All councils in NSW use the IP&R framework to guide their planning and reporting activities. The requirements for IP&R are set out in the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation). The Integrated Planning and Reporting Guidelines explain what councils must do to ensure they comply with their planning and reporting requirements set out in the Act. The Guidelines are issued under sections 402-406 of the Act and cover the Community Strategic Plan, Resourcing Strategy, Delivery Program, Operational Plan, and Community Engagement Strategy.

 

In developing the Annual Budget, Council is required to comply with two important pieces of legislation - the Local Government Act 1993 and the Local Government (General) Regulation 2021. Councils must also refer to the Integrated Planning and Reporting Guidelines for Local Government in NSW which outlines the statutory planning and reporting requirements that councils must meet.

The following are the requirements relating to the draft Operational Plan:

·    A Council must have a plan (its "Operational Plan") that is adopted before the beginning of each year and details the activities to be engaged in by the Council during the year as part of the Delivery Program covering that year.

·    An Operational Plan must include a statement of the Councils Revenue Policy for the year covered by the Operational Plan. The Statement of Revenue Policy must include the Statements and particulars required by the regulations.

·    A Council must prepare a draft Operational Plan and give public notice of the draft indicating that submissions may be made to the Council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The Council must publicly exhibit the draft Operational Plan in accordance with the notice. Under legislation the draft Community Strategic Plan, Delivery Program, and LTFP must also be placed on public exhibition for a period of at least 28 days and community comment.

·    In deciding on the final Operational Plan to be adopted, a Council must consider any submissions that have been made concerning the draft plan.

·    Council must post a copy of its Operational Plan on the Councils website within 28 days after the Plan is adopted.

 

The Long Term Financial Plan is reviewed and updated as part of the Annual Budget process to ensure that forward projections reflect the most current assumptions. Long term forecasting minimises financial risk by supporting financial sustainability, transparency, and accountability.

 

Next steps

The Integrated Planning and Reporting Guidelines require Council to publicly exhibit, for not less than 28 days, its Draft Community Strategic Plan 2036+, Draft 2022 Resourcing Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan and Draft 2022-23 Fees and Charges. Subject to Council’s endorsement tonight, it is proposed to commence the Public Exhibition on Friday 6 May 2022, ending on Thursday 2 June 2022.

 

The Draft Plans will be available for viewing at the Civic Centre, Penrith Library, St Clair Library and the St Marys office or downloading on Council’s online engagement portal – www.yoursaypenrith.com.au. Specific extracted copies of the 2022-23 Fees & Charges will be made available at Council operated Childcare Centres.

 

Notice of the Public Exhibition will be done through Council’s communications channels.  Public submissions can be submitted by completing the online feedback submission forms, email or letters. All submissions received on the draft documents will be individually acknowledged. This will be followed by a response that reflects Council’s established policy or Council’s determination of the particular issue.

 

Council must consider the matters outlined in all submissions. Depending on the nature and complexity of each submission, Council may choose to amend the documents, or consider a submission but defer changes until a subsequent period. A full report on public submissions will be provided to Council’s Ordinary Meeting held on 27 June 2022.

 

Following consideration of the information presented at tonight’s meeting, the key dates and next steps are:

 

Key Dates

Action or Requirement

6 May – 2 June 2022

Public Exhibition of Draft Penrith 2036+ Community Strategic Plan, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan, and Draft 2022-23 Fees & Charges.

27 June 2022

Report to Ordinary Meeting:

·    Adoption of Community Strategic Plan 2036, 2022 Resource Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan, and 2022-23 Fees & Charges.

·    Making of 2022-23 Rates and Charges

 

 

 

Conclusion

The Draft Community Strategic Plan - Penrith 2036+, Draft 2022 Resourcing Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan and Draft 2022-23 Fees & Charges have been developed to reflect the priorities and direction established through engagement with Councillors and our community. The documents reflect Council’s commitment to effective service delivery and fiscal responsibility whilst managing growth in step with the community’s outcomes for the City captured in the Community Strategic Plan 2036.

 

It is proposed that the Draft Penrith 2036+ Community Strategic Plan, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan and Draft 2022-23 Fees & Charges be placed on public exhibition for community comment. It is recommended that Council endorse public exhibition of the draft corporate planning documents as outlined in this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Exhibition of Draft Community Strategic Plan 2036, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational plan and Draft 2022-23 Fees and Charges be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, the Draft Penrith 2036+ Community Strategic Plan, Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft 2022-23 Operational Plan and Draft 2022-23 Fees & Charges be placed on Public Exhibition for 28 days commencing on Friday 6 May 2022, ending on Thursday 2 June 2022 (inclusive).

3.     The Public Exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

4.     Council incorporates the subsidy request from Penrith Whitewater Stadium, once their budget is finalised, into the 2022-23 Operational Plan during the exhibition period and include the outcome in a future report to Council.

5.     In relation to an application for a Special Rate Variation, Council resolve to (1) apply under the Additional Special Variation process for a special variation under section 508(2) of the Local Government Act 1993 (the Act) for 2022-23, and (2) that the application for a special variation be a permanent special variation under section 508(2) of the Act, and (3) that the additional income that the council will receive in 2022-23 if the special variation is approved is approximately $1.6 million, and (4) that the additional funding is required to ensure that Council’s Asset Management programs remain funded and (5) that the council has considered the impact on ratepayers and the community in 2022-23 and future years if the special variation is approved, and considers that it is reasonable.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

9

Amendment to Easement Plan - Lot 106 DP1236304 benefiting Penrith City Council   

 

Compiled by:               Tara Braithwaite, 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

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

 

Previous Items:           Release existing easement over Lot 106 DP1236304 and support the creation of a replacement easement, limited in stratum benefiting Penrith City Council - Ordinary Meeting - 23 Aug 2021      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of replacement stratum easements over 21-25 Woodriff Street Penrith (Lot 106 DP1236304), benefiting Penrith City Council for Right of Carriageway and Services of variable width and limited in height.

Approval is also sought to register an additional Easement for Water Supply on the Woodriff Street site to delineate the location of the water supply and associated infrastructure that services Judges Place carpark and to register a general Services Easement and an Easement for Right of Footway; all benefitting Penrith City Council.

Background

At the Ordinary Council meeting 23 August 2021, Council supported the release of the existing stratum easements for Right of Carriageway and Services registered over 21-25 Woodriff Street Penrith (Lot 106 DP1236304) burdening Astina (Sole director: Thomas Howard Scrumpf) and benefiting Penrith City Council, in favour of replacement stratum easements.

The proposed easement plan approved at the August meeting included 2 x Right of Carriageway Easements variable width (Limited in Stratum) for access into Judges Place car park, an Easement for Services variable width (Limited in Stratum), an Easement for Services variable width and a Right of Footway variable width. The easement modifications requested were a condition of the Third Variation Agreement to the Put & Call Option Agreement entered into between Astina and Council in August 2018.

Current Situation

Prior to the registration of the easement plan endorsed at the August 2021 Ordinary Meeting of Council, Council Officers became aware of the existence of a water supply service benefiting Council within the subject land that was not detailed within the service easement on the site.

Council engaged a contractor to locate the water service to confirm compliance with electrical substation clearances and to inform asset data management and future infrastructure maintenance and planning for Council in relation to the water service and associated fire hydrant.

It is now proposed to create an additional easement over the water service and fire hydrant benefiting Penrith City Council. 

Part 1A of the 88B Instrument to the Easement Plan shown below, details the current Easement for Services and Right of Carriageway to be released by Penrith City Council.Table

Description automatically generated

Part 1 of the 88B Instrument, shown below, details the replacement stratum easements for Right of Carriageway & Services, the new easements for Right of Footway and water supply.Table

Description automatically generated

Financial Implications

 

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

Risk Implications

The risk implications for this project have been considered, and there are no risks that have been identified that would result from the matter being considered as contained in this report.

Conclusion

It is recommended that Council endorse the Easement Plan over Lot 106 DP1236304 as detailed within this report including:

·    Replacement stratum Easements x 2 (limited in height and depth) for Right of Carriageway into Judges Place car park, benefitting Penrith City Council;

·    Replacement stratum Easement for Services (limited in height and depth), benefitting Penrith City Council

·    Easement for Services variable width, benefitting Penrith City Council.

·    New Right of Footway for entry into Judges Place car park, benefitting Penrith City Council.

·    New Easement for Water Supply, benefiting Penrith City Council.

RECOMMENDATION

That:

1.     The information contained in the report on Amendment to Easement Plan - Lot 106 DP1236304 benefiting Penrith City Council be received

2.     Council release the existing easements over Lot 106 DP1236304 and support the creation of a new easement as detailed within this report.

3.     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.

 

 

ATTACHMENTS/APPENDICES

1.

88b inc Fire Hydrant

4 Pages

Appendix

2.

Admin Sheet inc Fire Hydrant

3 Pages

Appendix

3.

Easement Plan inc Fire Hydrant

3 Pages

Appendix

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - 88b inc Fire Hydrant

 

Table

Description automatically generated

A screenshot of a computer

Description automatically generated with medium confidence

Text, letter

Description automatically generated

Table

Description automatically generated


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 2 - Admin Sheet inc Fire Hydrant

 

Graphical user interface, text, application, table

Description automatically generated

Text

Description automatically generated with medium confidence

Table, letter

Description automatically generated


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 3 - Easement Plan inc Fire Hydrant

 

Diagram

Description automatically generated

Diagram

Description automatically generated

Diagram, engineering drawing

Description automatically generated


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

10

Jamison Road Penrith - Council Land Acquisition for Road Widening Purposes   

 

Compiled by:               Tara Braithwaite, Development Manager

Ali Gazanfar, Major Projects Coordinator

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

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

The Penrith Core Centre Transport Management Study identified that upgrades to the main intersections along Jamison Road, Penrith at York Road and Station Street are required to meet the expected increase in traffic congestion in this area. Following the successful application for funding from the Federal Government under the Western Sydney Infrastructure Plan (WSIP) Local Roads Program, Council undertook investigations and design development for the Jamison Road upgrades.

To prepare the land assembly for the intersection upgrade works, Council must acquire a small portion of Council community land from Jamison Park (Lot 1 DP1057945), on the corner of Jamison Road and York Road.

Background

Jamison Road is a regional road (Road No 7290) managed by Penrith City Council. The Penrith Core Centre Transport Management Study and Plan establishes that the annual average daily traffic utilising Jamison Road is likely to increase significantly in the coming years. Signalisation of the Jamison Road/York Road intersection was recommended along with the provision of dedicated left and right turn lanes on all four (4) legs of the intersection, to accommodate the increased traffic volume.

The safety audit conducted on the intersection also established potential road safety issues. Jamison Road is experiencing crashes and traffic delay issues, particularly at peak travel times. Increased traffic and trips are anticipated to be generated by the growth in the Penrith City Centre and locality, together with the recent upgrade of Mulgoa Road that will syphon traffic along this collector road.

Intersection upgrade at Jamison Road, Woodriff Street and York Road will not only enhance the accessibility to the two State roads (Mulgoa Road & Parker Street – Northern Road) but will also provide direct access to Penrith Railway Station and Bus Interchange. This project will improve the Penrith CBD road network capacity including potential Rapid Bus Service (Penrith CBD to Airport). This will enhance connectivity to the new Western Sydney Airport and support future growth in Western Sydney.

In 2019, Penrith Council sought funding from Federal Government under Western Sydney Infrastructure Plan (WSIP) Local Roads Program (LRP), to conduct investigations and design development for the project. Transport for NSW (TfNSW) will provide support in managing the program.

Detailed design of the project has now been completed along with investigations and utility design for the section of the road subject to upgrades. In December 2021, a funding application to seek Construction stage funding was submitted to TfNSW. Council is awaiting funding approval to tender for the construction phase.

Current Situation

As part of the land assembly to facilitate the Jamison Road upgrades, the proposed design requires the acquisition of approximately 667m2 of land from Jamison Park South Penrith (Lot 1 DP1057945), located on the corner of Jamison Road and York Road.

The subject land is owned by Penrith City Council and the road widening is not expected to cause an adverse effect on the use of the land. The land is classified as community land and a ‘deed of trust’ exists over the property. The deed of trust is protected by a caveat placed on the land title by the Register General forbidding registration of any dealing affecting the land not in accordance with the terms of a declaration of trust dated 15 May 1959. It is unclear at this point the specific details of the trust however to prevent doubts on the permissibility of the road dedication and to formally remove the deed of trust over this portion of land, it is recommended Council use its powers under section 177 of the Roads Act 1993 to acquire its own land for road widening purposes. This action will have the effect of removing any trusts or deeds that apply to the acquired parcel.

The acquisition will be undertaken in accordance with the Land Acquisitions (Just Terms Compensation) Act 1991 and at the time of acquisition, the land will be dedicated as public road under Section 10 of the Roads Act 1993, by publication in the Gazette.

 

Financial Implications

This report proposes that Council acquire a small portion of Council owned community land from Jamison Park (Lot 1 DP1057945), on the corner of Jamison Road and York Road to prepare the land assembly for the intersection upgrade works. It is recommended Council use its powers under section 177 of the Roads Act 1993 to acquire its own land for road widening purposes as this action will remove any trusts or deeds that apply to the acquired parcel.

The fees and charges associated with the registration of the acquisition plan and Gazettal notices will be considered as part of the overall project budget. There are no other financial implications associated with the acquisition and road dedication.

Risk Implications

The risk implications for this matter have been considered and are deemed low as the acquisition and road dedication are be undertaken in accordance with regulatory requirements under the Land Acquisitions (Just Terms Compensation) Act 1991 and using Council’s powers as the Roads Authority under the Roads Act 1993.

Conclusion

As part of the land assembly required to facilitate the Jamison/York Road intersection upgrades, a portion of Council owned land on the corner of Jamison Park is proposed to be acquired in accordance with Council’s powers of acquisition under the Roads Act 1993.  The acquisition will be undertaken in accordance with the acquisition process designated in the Land Acquisitions (Just Terms Compensation) Act 1991 and will remove the deed of trust over the land upon gazettal of the acquisition. The land will be subsequently dedicated as public road under s10 of the Roads Act.

 

RECOMMENDATION

That:

1.     The information contained in the report on Jamison Road Penrith - Council Land Acquisition for Road Widening Purposes be received

2.     The acquisition of part Jamison Park South Penrith (Lot 1 DP1057945), being 252-308 Jamison Road as detailed within this report, be undertaken in accordance with the Roads Act 1993 and the Land Acquisitions (Just Terms Compensation) Act 1991.

3.     Following the acquisition, the land be dedicated as public road under Section 10 of the Roads Act 1993.

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.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Acquisition Plan

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - Draft Acquisition Plan

 

A picture containing text

Description automatically generated

Table

Description automatically generated


Diagram, schematic

Description automatically generated

Diagram, schematic

Description automatically generated


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

11

WestInvest Program   

 

Compiled by:               Glenn McCarthy, Governance Manager

Authorised by:            Warwick Winn, General Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs

      

 

Executive Summary

The purpose of this report is to provide Councillors with details of the WestInvest program and confirm the potential projects to be put forward for funding.

 

Councillors were briefed by staff on the proposed projects at the 6 April 2022 Councillor Briefing and discussion occurred to assist councillors in establishing which projects to support.

 

The WestInvest timeline to date and upcoming is as follows:

 

Date

Details

20 September 2021

WestInvest program announced by media release. No details provided

24 February 2022

Draft Guidelines released to Council

31 March 2022

WestInvest Final Guidelines released with significant changes to the draft. Registrations of Interest for Community Contested Component opened

21 April 2022

Registrations of Interest for Community Contested Component closed

2 May 2022

Applications open

27 June 2022

Applications close

 

The WestInvest Guidelines require applications for all projects to be submitted by 27 June 2022 which is a tight timeframe considering the detailed supporting information required.

Background

The NSW Government has released Guidelines which relate to the recently announced WestInvest grant funding.

 

The NSW Government is providing a $5 billion grant funding program which “will help fund and deliver transformational projects that will enhance communities and help create jobs throughout Western Sydney.”

 

$3 billion is being made available to NSW Government agencies to deliver transformational projects that are ready to go and will benefit local communities. We understand “ready to go” in this context means shovel ready.

 

$2 billion is being reserved for “priority community projects” as follows:

 

•        Up to $400 million will be allocated to 15 local government areas: Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canterbury-Bankstown, City of Parramatta, Cumberland, Fairfield, Hawkesbury, Liverpool, Penrith, Strathfield, the Hills and Wollondilly. Each Council will be eligible for between $20 million and $35 million depending upon population size.

•        A further $1.6 billion will be allocated through a competitive round of grants open to non-government organisations, including community groups, not-for-profits, Local Aboriginal Land Councils and local councils.

Current Situation

Penrith Council’s direct allocation

Council will receive $28.219 million direct funding under the program. This amount is not negotiable and any project over this amount must be funded by Council.

 

Council may use their allocation to fund transformational projects which satisfy any of the 6 WestInvest focus areas (see Table below).

Community contested funding

To be eligible for the contested funding ($1.6B) a project must satisfy at least one of the six focus areas.

Focus Area

Outcome

1.   Quality green and open spaces

More parks and healthier natural environments that encourage active lifestyles and restore biodiversity. Cleaner natural waterways with improved access for recreation including swimming.

2.   Community infrastructure

Improved access to quality sport, recreation and other community facilities that bring people together and enable a diverse range of activities.

3.   School modernisation

State-of-the-art, cooler and accessible education facilities that can adapt to evolving learning standards and student needs. Infrastructure that prepares students for an increasingly digital world.

4.   Arts and cultural facilities

A broader range of arts and culture venues that reflect the diversity of Western Sydney, encouraging inclusive and regular community participation.

5.   High street activation

Increasing the vibrancy of precincts to increase footfall for businesses. Targeted improvements to public amenities and allowing easier access to essential goods and services within walking distance.

6.   Local traffic programs

Local streets are designed as comfortable, accessible and safe places for people with diverse use needs, including walking, wheeling and cycling.

 

While there is no set maximum Estimated Total Cost for WestInvest projects, approved projects are expected to make a material improvement to liveability outcomes and drive transformational change for the people and communities of Western Sydney. The minimum amount of funding under the program is $250,000.

 

WestInvest will only fund the delivery of projects, including planning, selection and implementation (for example, land acquisition, construction, and other essential expenditure for delivery). Proposals that expand the scope of projects that have already been announced may also be considered.

WestInvest will not provide funding for ongoing operating or maintenance costs, including, but not limited to:

•        Financing, including debt financing or rental costs

•        Costs relating to depreciation of plant and equipment beyond the life of the project

•        Non-project related staff and development costs

•        Ongoing/recurring funding that is required beyond the life of the project

•        Projects that seek to solely subsidise memberships for existing services

Projects which receive funding must be completed within 4 years (ie 2026).

Assessment Criteria

Projects must address at least one of the focus areas and “Projects will be assessed based on their potential to drive transformational change and make Western Sydney a better place to live, work, play, connect with nature and raise a family - now and into the future.”

 

The Guidelines state that, in addition to the program objectives of transformational and amenity enhancing, projects will be assessed for consistency with relevant NSW Government strategies including:

•        State Infrastructure Strategy 2018

•        Greater Sydney Commission District Plan (Western City District Plan) & Greater Sydney Region Plan

•        Future Transport Strategy 2056

•        NSW Government Net Zero Plan

•        NSW Government Guide to Cost-Benefit Analysis

•        Infrastructure Investor Assurance Framework

The relevance of each of these strategies to individual projects will be clarified through the application process.

 

The WestInvest Program Office has provided a Summary Report of the responses received to the ‘Have You Say’ online survey and it is pleasing to see that Penrith residents engaged in responding to the survey. Overall, responses to the survey reflect the mix of projects recommended for funding applications with Community infrastructure and Quality green and open spaces considered most important by our residents.

 

The full report can be found in the attachments to this business paper.

 

 

 

 

 

Business case requirements

Business case category

Requirement

Category A < $1 Million

Simplified business case - all projects, both for Category A and Category B, must have a clearly articulated statement of expected benefits, both quantified and unquantified. A project may be submitted for assessment with a quantified cost benefit ratio of less than one. However, any such project would require a clear articulation of the anticipated unquantified benefits to enable robust assessment.

Category B > $1 Million < $10 Million

Standard business case – in addition to simplified business case, seeks information and data to enable completion of a Cost Benefit Analysis by the NSW Government.

Category C > $10 Million

Standard business case with additional information such as allowance for a quantity surveyor, data to support a qualitative Cost Benefit Analysis or the provision of a Cost Benefit Analysis.

 

Consideration of potential projects

A list of projects developed for Council’s advocacy strategy has been used as the basis upon which potential WestInvest projects has been drawn. The projects have already been linked to outcomes in Council’s Community Strategic Plan and include projects identified in other strategies including the Local Strategic Planning Statement, Our River Master Plan, Sport and Recreation Strategy and Green Grid Strategy.

 

In addition, Councillors have also suggested potential projects, and these were discussed in detail at the 6 April 2022 Councillor Briefing.

 

The two projects agreed to go forward as applications for funding under the Council Direct Component are Gipps Street Recreation Reserve and a new project, supported by Councillors at the Councillor Briefing, a City Park and Music Stage for St Marys.

 

Registrations of Interest under the Community Contested Component have also been submitted for the projects listed in the Appendix to this report.

 

These projects have been considered against the WestInvest criteria, consistency with Council’s strategic plans and “shovel readiness”. Council’s financial settings and impact on the long-term financial plan have then been overlaid to reveal opportunities to the most from the WestInvest program bearing in mind the impact of depreciation and operating costs, which WestInvest will not fund.

 

If Council proceeds to the application stage and is successful in gaining approval for all projects, $380 million in amenity enhancing projects will be brought forward for completion by 2026.

 

Financial Implications

WestInvest will only fund the delivery of projects, including planning, selection and implementation. Proposals that expand the scope of projects that have already been announced may also be considered. WestInvest will not provide funding for ongoing operating or maintenance costs, and further financial modelling will be required once projects are confirmed to determine the impact on Council’s Long Term Financial Plan.

Risk Implications

No strategic risks have been identified.

Conclusion

The WestInvest program is a significant funding opportunity and will enable many new, and extend existing, amenity enhancing projects. A prudent approach to the opportunity will see projects delivered to our community that are transformational and sustainable in the long term and may accelerate projects that are ear marked for progression in the next few years.

 

RECOMMENDATION

That:

1.     The information contained in the report on WestInvest Program be received

2.     Applications for funding under the Council Direct Component of the program be prepared and submitted for:

a.   Gipps Street Recreation Reserve and

b.   St Marys City Park and Entertainment Canopy

3.     Council note that Registrations of Interest for funding under the Community Contested Component have been submitted for the projects listed in the Appendix to this report.

 

 

ATTACHMENTS/APPENDICES

1.

WestInvest Project List

2 Pages

Appendix

2.

WestInvest Have Your Say Summary Report

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - WestInvest Project List

 

A picture containing chart

Description automatically generated

Diagram

Description automatically generated with low confidence


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

12

Workers Insurance (Compensation) Service Review Outcome    

 

Compiled by:               Kath Garth, Work Health and Safety Manager

Authorised by:            Sandy Davies, Director - Community and People  

 

Outcome

We have confidence in our Council

Strategy

Invest in our people

Service Activity

Ensure our processes and systems support efficient and fair operations

      

 

Executive Summary

A review of current and available Workers Insurance arrangements was undertaken in 2021, with the intention to go to Tender with all available providers. Due to contract arrangements between iCare and their contracted scheme agents, iCare have advised they are unable to participate in the tender. 

 

To ensure a fair and reasonable approach, and with approval given at the Ordinary Council Meeting on 28 March 2022, Penrith City Council have undertaken direct negotiations, supported by Councils Procurement team, to determine the best service and financial outcome for Penrith City Council.

 

This report provides an update on the process and outcome of these negotiations and requests approval for transition to StateCover Mutual Limited for Workers Insurance, with transition to occur on 30 June 2022.

Background

The State Insurance Regulatory Authority (SIRA) regulate workers insurance options in NSW (New South Wales) and provide approval for specialised and self-insurance options.

A review of available services was undertaken in 2021, with the aim to ensure Penrith City Council (PCC) partner with the best service provider, whilst ensuring financial costs are also managed. This review identified the following options available to PCC:

•        iCare (Nominal Insurer)

•        StateCover Mutual Limited (Specialised insurer for Local Councils in NSW)

 

iCare provide insurance for most businesses across NSW, manage premium functions (calculation and payment) and report directly through to SIRA. iCare contract out the Claims Management functions to Scheme Agents and currently utilise 4 Agents for these services: Employers Mutual Limited (EML) (default provider), Allianz, GIO and QBE. iCare manage performance of the scheme agents via their contract and remuneration is built around performance of return-to-work outcomes. Large Employers can choose to use any of the scheme agents and PCC is currently partnering with Allianz.

 

StateCover Mutual Limited is a specialised Mutual insurer, representing 134 local government entities across NSW, who insure directly through SIRA. StateCover Mutual Limited is a public company incorporated under the Corporations Act. All members are required to join the mutual (minimal outlay) and agree to a constitution which details the composition of the Board and how Directors are elected or appointed.

Where the mutual is not performing and requires additional funding above premium collections, the mutual members may be required to put in additional funds. This has not occurred in the 20 years of StateCover Mutual Limited operations.

Direct Negotiation Discussion Outcomes

All providers (iCare, StateCover Mutual Limited, Allianz, EML, GIO and QBE) were requested to provide a written response to the Direct Negotiations brief that was provided on 31 March 2022. 6 responses were received on 7 April 2022.

 

As part of the iCare and StateCover Mutual Limited responses, forecast premiums for a 5-year period were required as a comparison for costs. Based on their responses, StateCover Mutual Limited provided forecasts that were more financially advantageous:

 

Provided

Forecast

StateCover Mutual Limited

iCare

22/23 - $1,903,080

23/24 - $1,903,854

24/25 - $1,904,659

25/26 - $1,905,497

26/27 - $1,906,368

22/23 - $1,898,083

23/24 - $1,974,007

24/25 - $2,052,967

25/26 - $2,135,085

26/27 - $2,220,489

 

All providers then participated in Direct Negotiation meetings on 12 and 13 April 2022, where they were required to provide an overview of their service offerings and respond to questions arising out of the written responses.

 

Following these meetings, it is recommended that Penrith City Council transition to StateCover Mutual Limited from 30 June 2022. SML provided a response that indicated:

·        Lower forecasted premium costs compared to iCare

·        Better Return to Work rates at 4 weeks, 13 weeks and 26 weeks post injury than all other providers

·        Capability to meet PCC’s requested KPI’s

·        Additional services relating to Health and Wellness, WHS and Legal advice

·        Significant experience relating to Local Council claims management

·        Offering of Risk Management Fees for PCC WHS initiatives

·        Software reporting and analytics tools.

 

Financial Implications

Over the years increases in Workers Compensation premiums have been funded by the Workers Compensation Reserve. Any predicted savings in Workers Compensation premiums will be redirected to the Workers Compensation Reserve.

 

Risk Implications

With the appointment of StateCover Mutual Limited, Council will need to manage existing run off claims with the current provider for a further 3 years (ending 30 June 2025).

 

Tender Advisory Group

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. While this was not a tender process, the TAG, consisting of; Andrew Moore – Director – Corporate Services, Adam Beggs - Governance Coordinator and Allyce Langton – Procurement Business Partner, still convened to ensure good governance principles were implemented in the direct negotiation process. The TAG were briefed by the WHS Manager about the process followed and the recommended outcome. 

 

The TAG sought further information regarding the direct negotiation process and requested further information be provided in the report, which has now been included. 

 

Conclusion

A fair and reasonable approach to determining Penrith City Council’s Workers Insurance partner/s was undertaken through a direct negotiations process, overseen by Council’s Procurement Team, in place of a normal open market tender process. This process included receipt of submissions from iCare and StateCover Mutual Limited on premium forecasts, whilst also considered submissions on claims management services from all Scheme Agents and SML.

 

This process determined that StateCover Mutual Limited was able to offer the best service and financial outcome for Penrith City Council. The terms of the contract will be for a 3-year period, with provisions for 2, one-year extensions to this contract. Transition will occur on 30 June 2022.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Workers Insurance (Compensation) Service Review Outcome be received.

2.     Council enter into a contract with StateCover Mutual Limited for Workers Insurance (Compensation) from 30 June 2022, on an initial 3-year contract.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                      2 May 2022

 

 

 

13

Summary of Investment & Banking for the period 1 March 2022 to 31 March 2022   

 

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 March 2022 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 March 2022 to 31 March 2022 and a reconciliation of invested funds as at 31 March 2022.

 

The investment returns versus the benchmark as a percentage for March 2022 are:

•        Council portfolio current yield (including FRNs)                                     0.61%

•        90-day Bank Bill Swap rate (Benchmark)                                                         0.16%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            0.36%

•        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 March 2022, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for March 2022 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 March 2022. 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 31 March 2022.

A close up of a deviceDescription automatically generated

Andrew Moore

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 March 2022 to 31 March 2022 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 March 2022 to 31 March 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 31 March 2022 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 31 March 2022

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                    2 May 2022

Appendix 1 - Investment Report as at 31 March 2022

 

Text, letter

Description automatically generated

Chart, line chart

Description automatically generated

Chart, pie chart

Description automatically generated

Chart, table, pie chart

Description automatically generated

Chart

Description automatically generated

Chart, pie chart

Description automatically generated

 



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 2 2022

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Glenmore Ridge                                                                                                                 2

 

 

 


Ordinary Meeting                                                                                                      2 May 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 2

 

2        Glenmore Ridge 

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

PCC_Line


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 2 May 2022

Report Title:            Review of Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road

Attachments:           Draft Council Submission to the Proposed Upgrade of Mulgoa



Ordinary Meeting                                                                                                                    2 May 2022

Attachment 1 - Draft Council Submission to the Proposed Upgrade of Mulgoa

 

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated

Text, letter

Description automatically generated



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 2 May 2022

Report Title:            WestInvest Program

Attachments:           WestInvest Have Your Say Summary Report



Ordinary Meeting                                                                                                                    2 May 2022

Attachment 2 - WestInvest Have Your Say Summary Report

 

A picture containing text, envelope, businesscard

Description automatically generated

Table

Description automatically generated

A picture containing map

Description automatically generated

Text, letter

Description automatically generated

Diagram

Description automatically generated with low confidence

Chart, pie chart

Description automatically generated

Chart

Description automatically generated with medium confidence

A picture containing chart

Description automatically generated

A picture containing text, businesscard, vector graphics

Description automatically generated


Table

Description automatically generated with medium confidence

Table

Description automatically generated

Table

Description automatically generated with medium confidence

A picture containing table

Description automatically generated

Table

Description automatically generated

A picture containing table

Description automatically generated

Table

Description automatically generated with low confidence

A picture containing table

Description automatically generated

A picture containing table

Description automatically generated

Table

Description automatically generated with low confidence

Table

Description automatically generated

Table

Description automatically generated

Graphical user interface, table

Description automatically generated

Table

Description automatically generated with medium confidence

Table

Description automatically generated

Table

Description automatically generated with medium confidence

Graphical user interface

Description automatically generated with medium confidence

Table

Description automatically generated

Chart, histogram

Description automatically generated

Table

Description automatically generated

Histogram

Description automatically generated

Table

Description automatically generated with low confidence

Table

Description automatically generated

Table

Description automatically generated with medium confidence

Table

Description automatically generated

Graphical user interface

Description automatically generated

Chart

Description automatically generated with medium confidence


 

 

ATTACHMENT       

 

 

 


Date of Meeting:     2 May 2022

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2021-2022 Voted Works