Council_Mark_POS_RGB

25 May 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 30 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 - 2 May 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

Heritage Advisory Committee Meeting - 6 April 2022.

Local Traffic Committee Meeting - 2 May 2022.

Policy Review Committee Meeting - 9 May 2022.

 

10.         DELIVERY PROGRAM REPORTS

11.         URGENT BUSINESS

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 30 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 2 MAY 2022 AT 7:00PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

PRAYER

The Council Prayer was read by Acting Governance Manager, Mr Adam Beggs.

 

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.

 

WEBCASTING STATEMENT

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

 

PRESENT

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Jim Aitken OAM, 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

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 March 2022

107  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 28 March 2022 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Sue Day declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Tender Reference RFT21/22-20 for the provision of Food Supplies as she is a Director on the Board of Penrith City Children’s Services Cooperative, Woolworths is a customer of her employer and one of the Woolworths Directors listed is a professional associate of hers.  Councillor Day stated that she would remain in the meeting during consideration of this matter but would not take part in the debate.

 

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 11 - WestInvest Program as he is employed by Golf NSW and Wallacia Golf Course is listed as an applicant for funding under the Program.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – NSW Rural Fire Service (RFS) - Rural Boundary Clearing Code as he owns 5 acres of rural land which contains trees, a dam, and is in a bush fire zone and he is a member of a Bush Fire Brigade.

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in  Item 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 as he owns properties in the vicinity of the area the subject of the report.

 

 

Notices of Motion

 

1        Developer Forum                                                                                        

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

 

That:

 

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 on or before 30 September 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.

 

 


 

 

Reports of Committees

 

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

109  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 16 March, 2022 be adopted.

 

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

110  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 6 April, 2022 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

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

111  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

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.

 

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      

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

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.

 

Outcome 4 - We have safe, vibrant places

 

3        RFT 21/22-27 Harold Corr Storage                                                            

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

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.

 

 

Outcome 5 - We care about our environment

 

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

114  RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Ross Fowler OAM

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.

3.     A further report be presented to Council regarding the partial or full adoption of the Small Holdings and Land Zoned Rural-Residential or Large Lot Residential provisions found in the RAMA Code provided by NSW Environment & Heritage.

 

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

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

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.

 

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                                      

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

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

 

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

117  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM

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.

 


 

 

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                         

118  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

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.

 

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

119  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley

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.

 

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

120  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM

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.

 

11      WestInvest Program                                                                                   

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

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.

 

12      Workers Insurance (Compensation) Service Review Outcome            

122  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

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.

 

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

123  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley

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.

 

 

Committee of the Whole

 

124 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:39pm

 

1        Presence of the Public

 

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

 

 

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.

 

 

The meeting resumed at 7:42pm and the General Manager reported that the Committee of the Whole met at 7:39pm on 2 May 2022, the following being present

 

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Jim Aitken OAM, 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        Glenmore Ridge                                                                                                                 

RECOMMENDED on the MOTION of Councillor Todd Carney seconded Councillor John Thain       

CW2 That:

1.     The information contained in the report on Glenmore Ridge be received.

2.     Notations be applied to planning certificates pursuant to section 10.7(5) of the Environmental Planning and Assessment Act 1979 in the manner identified in this report.

3.     The General Manager be authorised to add, amend, vary or revoke notations on planning certificates, including the geographical extent, should advice be received from Council’s geotechnical or legal consultant’s advising the amendment, variation or revocation of notations on planning certificates.

4.     Letters be sent to owners of the relevant properties to advise them that a notation will be applied to planning certificates for their property pursuant to section 10.7(5) of the Environmental Planning and Assessment Act 1979.

5.     Where a person applies for a planning certificate pursuant to section 10.7(2) of the EPA Act for a property that has the above notation, then the information pursuant to section 10.7(5) is to be included on the certificate when issued to that person.

 

 

ADOPTION OF Committee of the Whole

 

125 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney      that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:43pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive                                                                                  1

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

Mayoral Minute

Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive

           

 

I would like to congratulate Councillor Karen McKeown OAM on being re-elected to the position of Vice President for the Australian Local Government Women’s Association NSW Branch Executive on Saturday, 9 April 2022.

 

The Australian Local Government Women’s Association, ALGWA, is an organisation for women in local government that was established in 1951 to assist in furthering and encouraging women in Local Government.

 

Cr McKeown first joined the Local Government Women’s Association in 2004, when first elected to Council after noticing the lack of women elected as councillors.

 

Since this time, Cr McKeown has long advocated for greater participation of women in local government as an active member within many community organisations and committees. Including in 2010 being appointed a National Ambassador for the Year of Women in Local Government, and in 2011 receiving a Minister’s Award for Metropolitan Elected Representative. She has previously been the President of the Australian Local Government Women’s Association of NSW and a member of the Joint Ministerial Advisory Council for Women in Local Government.

 

In June 2018, Cr McKeown received an Order of Australia medal for her role in mentoring and encouraging other local women into government and other leadership roles and her dedication as a Councillor. 

 

Cr McKeown has served as Penrith Mayor in 2015 – 2016 and 2020 – 2021, and as the Deputy Mayor in 2006 – 2007 and 2019 – 2020.

 

Her passion and dedication to preserving the environment saw her appointed as Council’s Sustainability Champion in 2005. Since this time, she has been representing Council and the City on environmental topics, such as more tree canopy and green spaces.

 

Cr McKeown also led our City as Mayor during last year’s second COVID-19 lockdown, where we faced some of the harshest restrictions. By developing a Mayoral forum and recovery group Council was able to keep connected to both the community and business to drive support, such as access to food, across the various pockets of need throughout the City.

 

These positions and achievements reflect Cr McKeown’s commitment to serving the people of the City of Penrith. She represents her community with passion and integrity, and her appointment to the NSW ALGWA branch Executive is another example of her dedication.

 

I would like to offer my congratulations to Cr McKeown on this impressive achievement.

 

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Councillor Tricia Hitchen

Mayor

  

RECOMMENDATION

That the Mayoral Minute on Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive be received.

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 6 April 2022                                                                                                                                    1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 2 May 2022                                                                                                                                             4

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 May 2022                                                                                                                                  11

 

 

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 6 April, 2022

 

 

 

PRESENT

Councillor Ross Fowler OAM (Chair), Councillor Mark Rusev, Peter Wood (PCC), James Heathcote (PCC), Abby Younan (PCC), Natalie Stanowski (PCC), Rebekah Elliot (PCC), Stacey Rossetto (PCC), Madison McGlynn(PCC), Susan Hamilton(PCC), Natashia Borgia (PCC), Richard Ward, Beth Moore, Marie Koen (attending on behalf of Norma Thorburn), Jennine Leonarder Collins, Wendy Herne and Stephen McKenzie.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 2 March 2022

The minutes of the Heritage Advisory Committee Meeting of 2 March 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

  DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Penrith DCP Review - Culture and Heritage

Council’s City Planning Staff presented to the committee regarding a review of the Penrith Development Control Plan for culture and heritage. Questions were raised regarding where this documentation will be available to which Council clarified the nature of these changes being integrated into the formal DCP.                                                                       

RECOMMENDED

That:

1.     The information contained in the report on Penrith DCP Review - Culture and Heritage be received.

2.     The draft Culture and Heritage DCP chapter be reviewed by Council’s Heritage Advisory Committee for feedback.

 

2        Heritage Advisory Committee Membership Term

The Development Services Manager spoke to the report. There were questions and discussion regarding membership, a quorum, historical society/organisation involvement and who selects future members for the Heritage Advisory Committee. The Development Services Manager referred to the Constitution appended to the report and advised that these items will be clarified to the Committee ahead of recommended public exhibition in July of which existing members will be notified directly.                                                        

RECOMMENDED

That:

1.     The information contained in the report on Heritage Advisory Committee Membership Term be received

2.     Council advertise for Heritage Advisory Committee membership in July 2022.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

3        Penrith Heritage Walk Update

 

Council’s City Marketing staff provided an update to the Committee for the Penrith Heritage Walk clarifying system functionality and operation of the website.

 

The Chair questioned funding for maintenance to which the City Marketing staff confirmed that the funding will continue to be provided by the City Economy and Marketing Department of Council.

 

An opportunity to have a photo opportunity was offered to the committee with the Mayor and for those who are interested to reach out to Development Services staff to register their interest.

         

RECOMMENDED

That the information contained in the report on Penrith Heritage Walk Update be received.

 

 

GENERAL BUSINESS

 

GB1  Old Post Office Emu Plains

 

A follow up will be conducted regarding the Emu Plains post office sign and the intention of the sign. This will be discussed at the next meeting. Committee member seeks clarification whether the property has been inspected since recent flooding. Development Services Manager advises this can be query can be forwarded to Council’s Property Manager to determine what steps have been taken for this particular Council asset.

 

GB2  Heritage Building in Wet Weather

 

Committee member asks if there is any awareness regarding how historic properties have handled recent wet weather. The Chair advises he has had no feedback raised regarding this. Committee member raises that historic properties should be checked when funding comes through. Owners who struggle to maintain the properties due to the weather should be offered some assistance from committee funding.

 

Development Services Manager advises that Council is expecting a larger amount of requests this year for the Heritage Assistance Funding Program due to the wet weather. Committee member suggests some wording to be added to the letter mentioning the wet weather or termite inspection information.

 

GB3  Placement of Bollards at Arms of Australia Inn

 

Committee member requests bollards to be placed at the entrance of the before and after school care to stop cars doing drop off and pick up for children in this area due to the amount of cars being bogged in the mud. The Chair advises that this is a side issue and requests the Development Services Manager raise this with Council’s Assets team for investigation.

 

GB4 Update on the Old Council Chambers

 

Committee member requests an update on the Old Council Chambers building. Development Services Manager advises that the Development Application is currently being assessed independently and will be determined by the Sydney West City Planning Panel. There is currently no panel meeting date set due to this being in the middle of assessment. Development Services Manager advises committee that for anyone who made a submission on this application will receive a notification of when the panel meeting will be held.

 

 

There being no further business the Chairperson declared the meeting closed the time being 6:10pm.

 

 

RECOMMENDATION

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

 


Ordinary Meeting                                                                                                    30 May 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 May, 2022

 

 

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

PRESENT

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Councillor Karen McKeown OAM (Council Representative), Louis Todd – Transport for NSW (TfNSW), Raymond Tran – Transport for NSW (TfNSW) and Senior Constable Stephen Page – Nepean Police Area Command (PAC).

IN ATTENDANCE

Councillor Kevin Crameri OAM, Andrew Jackson – Director Development and Regulatory Services (Chair), Adam Wilkinson – Engineering Services Manager, Michael Alderton – Acting Traffic Engineering Coordinator, Kablan Mowad – Senior Traffic Engineer, Joshua Hull – Acting Senior Traffic Engineer, Lalaine Malaluan – Traffic Engineer, Liam Warda – Trainee Engineer, Wendy Read – Road Safety Officer, Isaac Mann – Acting Transport Engineer, Mia Ecob – Acting Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Tiana Dickson – Business Administration Trainee, Steve Grady – Busways and Paul Bottomley – CDC Bus.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 March 2022

The minutes of the Local Traffic Committee Meeting of 7 March 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1       Harrow Road, Herbert Street and Francis Street, Cambridge Park - Proposed Raised (Wombat) Pedestrian Crossing, Pedestrian Fencing and Associated Signage and Line Marking

 

Louis Todd – Transport for NSW (TfNSW) requested that when the construction plans were prepared that Council consider;

• Vertical kerbs for all pedestrian refuges.

• The need for Pedestrian fencing be reviewed.

• Cyclists at the crossing.

The proximity of the proposed speed cushions to the pedestrian refuge.

• Extending the E1 edge lines on Francis Street towards William Street.      

RECOMMENDED

That:

1.     The information contained in the report on Harrow Road, Herbert Street and Francis Street, Cambridge Park - Proposed Raised (Wombat) Pedestrian Crossing, Pedestrian Fencing and Associated Signage and Line Marking be received.

2.     Consultation be undertaken with directly affected residents, Penrith Valley Regional Sports Stadium, Cambridge Park High School and School Infrastructure NSW regarding the proposed installation of traffic calming devices; pedestrian fencing; pedestrian refuge and raised pedestrian crossing with associated signage and line marking as shown in Concept Plan TS0122 dated 23 March 2022 (Appendix 1).

3.     Subject to no substantial objections being received the installation of the pedestrian facilities and traffic calming devices with its associated signage and line marking as shown in Concept Plan TS0122 dated 23 March 2022 (Appendix 1) be endorsed for construction.

4.     The Penrith Valley Regional Sports Stadium facility owner be advised to seek further professional services to consider the provision of a temporary overflow parking area for events to reduce impact to on-street parking and minimise pedestrian crossing movements. Further assessment and design should also be undertaken for the car park configuration, signage and line marking to ensure compliance with the relevant technical standards and requirements including compliance with Council’s Public Domain Lighting Policy with the revenant category.   

5.     This project be included to Council’s Traffic Priority Program for funding, as well as applications being made to the NSW Government for grant funding to expedite the delivery of this project.

6.     A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy to ensure compliance with the relevant category.

7.     Council’s Asset Section be notified for inclusion of the amended signs in Council’s asset management records and processes.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:14am.

 

2       Caloola Avenue and Illawong Avenue, Kingswood - Proposed Adjustments to Parking Restrictions, Line Marking and Signage within the School Zone of Kingswood Park Primary School

 

Senior Constable Stephen Page – Nepean Police Area Command (PAC) will request for more patrols. If there is any more aggressive behaviour he asks for people to be encouraged to make a report to Police for investigation.

Louis Todd – Transport for NSW (TfNSW) advised they support the conversion of the existing children’s crossing to a full time marked pedestrian crossing.

 

RECOMMENDED

That:

1.     The information contained in the report on Caloola Avenue and Illawong Avenue, Kingswood - Proposed Adjustments to Parking Restrictions, Line Marking and Signage within the School Zone of Kingswood Park Primary School be received.

2.     The installation of the Signage and Line Marking as shown in Plan TS0114 dated 18 February 2022 (Appendix 1) be endorsed for delivery.

3.     The existing raised Children’s Crossing on Illawong Avenue, be listed to Council’s Traffic Facilities Prioritisation Program for upgrade to a full time raised (wombat) pedestrian crossing. The upgrade will also require a lighting assessment and consultation with affected residents and stakeholders.

4.     The existing wombat crossing on Caloola Avenue be listed to Council’s Traffic Facilities Program for reconstruction to comply with current design standards.

5.     Council’s City Assets Department assess and prioritise the footpath request at Caloola Avenue near the pedestrian crossing and intersection of Illawong Avenue to the footpath prioritisation program for delivery once funding available.

6.     Representations be made to Transport for NSW requesting a review of pedestrian road safety at Richmond Road, Cambridge Park.

7.     Further correspondence and update be provided to the residents who made a submission during the consultation period as well as to the School Principal and Department of Education.

8.     A request be made to the School Principal to share targeted road safety education to parents/carers to advise motorists not to park across or block driveways when dropping off or collecting children from school.

9.     Council’s Rangers be advised of Council’s resolution and request patrols that target illegal parking at driveways be considered as resources permit.

10.   The vehicle speed data be provided to Nepean Police Area Command for its consideration to task patrols as resources permit.

 

3        Wrench Street, Cambridge Park - Proposed Pedestrian Refuge Island and Pedestrian Fencing

Louis Todd – Transport for NSW (TfNSW) requested that when the construction plans were prepared that Council consider;

·    Removing the dedicated right turn lane out of Harrow Road.

·    Continuation of the chevron linemarking to the north of the intersection on Wrench Street.

                                                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Wrench Street, Cambridge Park - Proposed Pedestrian Refuge Island and Pedestrian Fencing be received.

2.     Consultation be undertaken with directly affected residents, Cambridge Park High School and School Infrastructure NSW regarding the proposed installation of a pedestrian refuge with associated signage and line marking as shown in Design Plan TS0094 dated 23 November 2021 (Appendix 1).

3.     Subject to no substantial objections being received the installation of a pedestrian refuge with associated signage and line marking as shown in Design Plan TS0094 dated 23 November 2021 (Appendix 1) be endorsed for construction.

4.     This project be included to Council’s Traffic Priority Program for funding, as well as applications being made to the NSW Government for grant funding to expedite the delivery of this project.

5.     A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy to ensure compliance with the relevant category.

 

Councillor Karen McKeown OAM (Council Representative) left the meeting, the time being 9:29am.

 

4        Ridgetop Drive, Glenmore Park - Proposed Traffic Calming, Signage and Line Marking within the School Zone of Fernhill School

Adam Wilkinson – Engineering Services Manager thanked Senior Constable Stephen Page – Nepean Police Area Command (PAC) for meeting him onsite to discuss the issues and assist with design ideas.

Louis Todd – Transport for NSW (TfNSW) noted that;

·    TfNSW support the proposal and in particular the speed cushions at the roundabout.

·    The deceleration lines may be excessive however raised no objections.

                                                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Ridgetop Drive, Glenmore Park - Proposed Traffic Calming, Signage and Line Marking within the School Zone of Fernhill School be received.

2.     Consultation be undertaken with directly affected residents, Fernhill School and Department of Education regarding the proposed installation of traffic calming and associated signage and line marking as shown in Design Plan TS0124 dated 17 March 2022 (Appendix 1).

3.     Subject to no substantial objections being received, the proposed line marking, and signage be installed on Ridgetop Drive, Glenmore Park as shown in Appendix 1.

4.     The traffic calming devices be included to Council’s Traffic Priority Program for funding.

5.     Council’s Asset Section be notified for inclusion of the amended signs in Council’s asset management records and processes.

6.     Councillor Karen McKeown OAM, Council’s Rangers and the residents that reported the matter be advised of Council’s resolution.

 


 

 

5        Warrenton Street, St Clair - Proposed Installation of Centre Barrier Line Marking and Associated Signage                                                       

RECOMMENDED

That:

1.     The information contained in the report on Warrenton Street, St Clair - Proposed Installation of Centre Barrier Line Marking and Associated Signage be received.

2.     Consultation be undertaken with the affected properties regarding the proposed line marking and ‘No Stopping’ restrictions on Warrenton Street and Explorers Way, St Clair as illustrated in Appendix 1.

3.     Subject to no substantial objections being received, the proposed line marking and signage be installed on Warrenton Street and Explorers Way, St Clair as shown in Appendix 1.

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

5.     Council’s Asset Section be notified for inclusion of the amended signs in Council’s asset management records and processes.

6.     A copy of the Explorers Way vehicle speed data to be forwarded to Nepean Police Area Command for its consideration of tasking targeted patrols as resources permit.

 

6        Links Road, St Marys - Endorsement of Signage and Linemarking Plans

Louis Todd – Transport for NSW (TfNSW) requested further information  about access with shared path at the roundabout due to driveways and these need to be addressed which can be done offline. Lalaine Malaluan – Traffic Engineer will speak to the designers about this.

Raymond Tran – Transport for NSW (TfNSW) requested the recommendations be adjusted to reflect the comments from Louis Todd.                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Links Road, St Marys - Endorsement of Signage and Linemarking Plans be received.

2.     The signage and linemarking plans PS111235-01-RF-DRG-00101 to PS111235-01-RF-DRG-00104 by WSP (Issue 6, dated 21/01/22) be endorsed for installation, as shown in Appendix 1 and Appendix 2.

3.    The signage and linemarking plans CV-CARDNO-EWC3-1801 by Cardno (Revision 2, dated 13/12/21) be discussed with TfNSW and once concurrence is provided by TfNSW with any amendments the plan be endorsed for construction.

4.     All works associated with the implementation of the signposting and/or linemarking shall be undertaken by the applicant.

5.     The applicant and Council’s Rangers be advised of Council’s resolution.

 


 

 

7        Archives Way, Caddens - Proposed Relocation of 'No Stopping' Signs

RECOMMENDED

That:

1.     The information contained in the report on Archives Way, Caddens - Proposed Relocation of 'No Stopping' Signs be received.

2.     Consultation to be undertaken with affected properties regarding the Proposed Relocation of 'No Stopping' Signs on Archives Way, Caddens.

3.     Subject to no substantial objections received, the Proposed Relocation of 'No Stopping' Signage be implemented on Archives Way, Caddens as per Appendix 1.

4.     Council’s Ranger Services Department and the resident who raised this matter be advised of Council’s resolution.

 

8        Woodriff Gardens, Penrith - Endorsement of Design Plans for Stage 2 Car Park and Amendments to Stage 1 Car Park

Raymond Tran – Transport for NSW (TfNSW) advised it’s a good outcome with regards to the moving of the accessible parking spaces.

Mayor Tricia Hitchen supported the relocation of the accessible parking spaces. 

RECOMMENDED

That:

1.     The information contained in the report on Woodriff Gardens, Penrith - Endorsement of Design Plans for Stage 2 Car Park and Amendments to Stage 1 Car Park be received.

2.     The Stage 2 Car Park Design Plan for Woodriff Gardens (Reference No: 30011928; RMS Registration No: DS2014/005572), dated 02 February 2022 and proposed amendments to Stage 1 Car Park (Reference No: 30011928-220311-CP1-MODIFICATION) presented in Appendix 1 and Appendix 2 be endorsed for construction in accordance with AS2890.1 and AS2890.6.

 

9        Charles Hackett Drive, St Marys – Proposed Bus Zone                           

RECOMMENDED

That:

1.     The information contained in the report on Charles Hackett Drive, St Marys – Proposed Bus Zone be received.

2.     Bus Zone signage be installed at the existing bus stop on the northern side of Charles Hackett Drive, St Marys as shown in Appendix 1.

3.     Mr Steve Grady of Busways be advised of Council’s resolution.

 


 

 

GENERAL BUSINESS

 

GB 1           Temporary Bus Interchange at St Marys Station 

Steve Grady Busways advised they are now operating out of the temporary Bus Interchange at St Marys Station and its going well. He thanked the Police for their assistance with enforcement and patrols.

 

RECOMMENDED

That the information be noted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:05am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2022 be adopted.

 


Ordinary Meeting                                                                                                    30 May 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 May, 2022

 

 

 

WEBCASTING STATEMENT

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

PRESENT

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

 

APOLOGIES

The apology from Councillor Mark Davies was accepted.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 March 2022

The minutes of the Policy Review Committee Meeting of 14 March 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no Declarations of Interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW

Head of Projects NSW - Tom Gellibrand gave a presentation on this item.    

RECOMMENDED

That the information contained in the report on Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW be received.

 

Outcome 2 - We plan for our future growth

 

1        Results of Public Exhibition of Urban Heat Planning Controls Package                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Results of Public Exhibition of Urban Heat Planning Controls Package be received.

 

2.     Council endorse the Planning Proposal, as exhibited and attached to this report, with the minor amendment to the LEP provision as detailed in the report.

3.     Council adopt the Urban Heat Chapter as an amendment to Penrith DCP 2014, as exhibited, with the minor amendments as detailed in this report.

4.     The General Manager be granted delegation to:

a.  make any necessary minor typographical changes to the Planning Proposal, the Urban Heat Chapter and Penrith DCP 2014, consistent with Council’s adopted policy position; and

b.  execute all necessary documents and undertake all necessary actions to give effect to Council’s decision to make the LEP and DCP amendments.

5.     Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the LEP amendment.

6.     Council endorse the DCP amendment to come into effect once the LEP amendment is made.

7.     Council notify those who made submissions and provided feedback when the LEP amendment is made and the DCP amendment comes into effect.

8.    Council write to the State Government and LGNSW expressing our opposition to the recent changes to policy that are detrimental to the sustainability of the urban built environment. 

 

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 Sue Day

 

Councillor Robin Cook

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

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 7 - We have confidence in our Council

 

3        Draft Grants Applications Policy                                                                

RECOMMENDED

That:

1.     The information contained in the report on Draft Grants Applications Policy be received.

2.     The revised Grants Applications Policy be adopted.

 

 

4        Model Code of Meeting Practice                                                                 

RECOMMENDED

That:

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

2.     The Draft Code of Meeting Practice be placed on public exhibition for 28 days and provide members of the community at least 42 days to comment, before being brought back to Council for adoption.

3.     The General Manager be authorised to make any minor administrative changes prior to exhibition.

 

 

5        Review of Council's Borrowing Policy                                                       

RECOMMENDED

That:

1.     The information contained in the report on Review of Council's Borrowing Policy be received.

2.     The Council adopt the revised Borrowing Policy and Borrowing Strategy.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:05PM.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 May, 2022 be adopted.

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Reporting on Determined Clause 4.6 Variations to Development Standards                   1

 

2        Fire Safety Update                                                                                                             3

 

 

Outcome 4 - We have safe, vibrant places

 

3        RFT21/22-28 St Marys Senior Citizens Centre Refurbishment                                      11

 

4        RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space                                15

 

5        Londonderry Flood Recovery Hub                                                                                   19

 

 

Outcome 5 - We care about our environment

 

6        RID Squad EPA Project Agreement                                                                                31

 

 

Outcome 6 - We are healthy and share strong community spirit

 

7        Don Bosco Youth and Recreation Centre St Marys Funding Agreement                       37

 

8        Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia) 41

 

9        Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo                                                              45

 

10      RFT 21/22-21 City Park Landscape Construction                                                           48

 

11      Grant Acceptance - Greening the Great West Walk                                                       50

 

 

Outcome 7 - We have confidence in our Council

 

12      Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910)             55

 

13      Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa                                                                                                                              58

 

14      Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys                                                                                                   63

 

15      Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith                                                                                                         67

 

16      Audit, Risk and Improvement Committee                                                                        71

 

17      Organisational Financial Review - March 2022                                                               81

 

18      Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023                                                                              89

 

19      Outcome of 2021-2022 Loan Borrowing Program                                                           94

 

20      Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022            97

 

 

 

 

 

 

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Reporting on Determined Clause 4.6 Variations to Development Standards                   1

 

2        Fire Safety Update                                                                                                             3

 

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

 

 

1

Reporting on Determined Clause 4.6 Variations to Development Standards   

 

Compiled by:               Gavin Cherry, Development Assessment Coordinator

Authorised by:            Peter Wood, Development Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Assess development proposals efficiently and make decisions that are open and fair

      

 

Executive Summary

This report responds to requirements outlined within the NSW Department of Planning and Environment’s (DPE) Planning Circular PS 20-002 regarding the reporting to an Ordinary Meeting of Council of determined Clause 4.6 – Variations to a Development Standard. 

Clause 4.6 is a provision from the Principal Local Environmental Plan included within Penrith Local Environmental Plan that allows for an applicant to propose a variation to a development standard within an environmental planning instrument by way of a development application.  This clause also allows for the relevant consent authority to consider that request and determine if the variation is appropriate and supportable having regard to specific considerations within the clause and where there is a better planning outcome.

This report includes details of development applications determined inclusive of a clause 4.6 variation request throughout the course of this financial year in response to recent recommendations received from the State Government. 

Background

In 2020, DPE undertook an audit of 33 Council’s across the Greater Sydney Metropolitan Area requesting information as to how clause 4.6 reporting was being undertaken in accordance with Planning Circular PS 20-002. This planning circular came into effect on 5 May 2020.

At the end of 2021, the State Government advised a number of Council’s, including Penrith City Council, of indicated actions that should be taken to ensure compliance with the Planning Circular. On 9 May 2022 recommendations for actions were formally made public and provided to Penrith City Council. The required action of Penrith is to provide quarterly reporting to be made to an Ordinary Meeting of Council that provides records of development applications determined that are inclusive of a clause 4.6 variation to a development standard.

Clause 4.6 requests to vary a development standard are determined under delegated authority where the variation is less than 10% of the development standard or by the Penrith Local Planning Panel or Sydney Western City Planning Panel in accordance with State Environmental Planning Policy (Planning Systems) 2021 and the Local Planning Panels Direction from the then Minister for Planning and Public Spaces dated 30 June 2020.

 

 

Intent of Reporting

The intent of the required quarterly reporting is to identify the development controls that are being varied and approved and for what reasons, this process also provides transparency for the community. Identifying the development controls that are being varied then enables Council to determine, if appropriate, to review these controls in the context of future LEP reviews of the Penrith Local Environmental Plan (2010).

Details of development applications determined inclusive of a clause 4.6 variation request throughout the course of this financial year are provided in the attachments to this report for the period 1st July 2021 to 31st March 2022. It is evident that a total of twelve (12) applications with variations were approved for the financial year to end of March with between three (3) and five (5) each quarter. Overall, three (3) variations were to the minimum lot size and nine (9) were to the maximum building height for a range of development types.

One (1) application was refused in the same period being a proposed boarding house which relied on a proposed variation to building height under clause 4.6.

For copies of the quarterly reports, refer to the Enclosures section of this paper.

 

Financial Implications

 

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

Risk Implications

There are no perceived risk implications for Council subject to compliance with Planning Circular PS 20-002.

Conclusion

Future Clause 4.6 determinations will be reported to Council on a quarterly basis capturing three months of information within each report in accordance with the Planning Circular.

 

RECOMMENDATION

That the information contained in the report on Reporting on Determined Clause 4.6 Variations to Development Standards be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

2

Fire Safety Update   

 

Compiled by:               Craig Squires, Building Certification and Fire Safety Co-ordinator

Authorised by:            Peter Wood, Development Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Ensure buildings constructed are safe and healthy

      

 

Executive Summary

Council is in receipt of reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area.  Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected by Fire and Rescue NSW following concerns received from fire brigade personnel. 

Schedule 5, Part 8, Clause 17 (previously Section 121ZD) of the Environmental Planning and Assessment Act requires the any report or recommendations to Council resulting from an inspection by Fire and Rescue NSW to be tabled at a Council meeting.

 

This report recommends Council inspects the remaining matters not addressed in the issuing of the Notice of Intent to Issue an Order and continue to monitor these premises as part of its Fire Safety Audit Program and ensure that essential fire safety measures are being maintained through a Fire Safety Order if required. It is recommended that Council issue a Fire Safety Order should the contents of any Notice of Intention to Issue an Order not be complied and advise Fire and Rescue NSW of its decision.

Fire and Rescue Reporting

The fire safety upgrading provisions are contained in fire safety orders 1, 2 and 3 of Schedule 5, Part 2 (previously Section 121B) of the Environmental Planning and Assessment Act 1979 (the Act).  This report relates to such a circumstance where Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 9.32 of the Act, Fire and Rescue NSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When Council receives advice from Fire and Rescue NSW that they have inspected a premises under Schedule 5, Part 8, Clause 17 of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to issue an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of Fire and Rescue NSW.

 


 

The details of Fire and Rescue NSW and Council inspections are summarised in the following table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

585 High Street, Penrith.

FRNSW received correspondence in relation to fire hydrant and sprinkler signage stating that:

 

·    Fire hydrant near the Station Street entry labelled “condemned do not use”.

·    Labelling on the sprinkler control valves displays retail tenancies that no longer exist. 

 

An inspection from FRNSW officers revealed that the fire hydrant system had been repaired and was operational and the sprinkler installations were numbered in accordance with Australian Standard 2118.1 – 1999 as required.

An inspection was undertaken by Council officers. Issues identified by FRNSW and their rectification were confirmed. No further action required.

 

1590-1594 Mulgoa Road, Wallacia

FRNSW received correspondence in relation to the adequacy of the provision for fire safety. In part the correspondence raised concerns regarding a non-operational and non-compliant smoke detection and alarm system which could put the lives of guests staying in the accommodation portion of the building at risk. The following items were identified as areas of concern:

 

·    Maintenance of Essential Fire Safety Measures including fire detection control and indicating equipment, smoke detection, system monitoring, exit signs and the hydrant system

·    Access and Egress including storage below staircases, the operation of door latches, exit travel distances and construction of external stairs

·    Compartmentation including concerns about the provision of adequate protection in public corridors, fire doors, protection of the external stair used in lieu of a fire isolated exit and vertical fire separation between storeys.

Council officers inspected the building within one hour of receiving the complaint from FRNSW accompanied by officers of FRNSW. An Emergency Fire Safety Order No.1 was issued by Council officers to cease use of the accommodation portion of the building until the smoke detection and alarm system was operational. This item has now been completed to the satisfaction of Council officers.

 

A fire safety audit of the building has been undertaken and upgrade measures are being discussed with Council officers and the owners with a Notice of Intention to be issued to undertake upgrade works. Should the requirements of the Notice of Intention not be met it is recommended a Fire Safety Order be served on the owners of the building.

159 Queen Street, St Marys

Concerns were raised with FRNSW regarding the installation of the fire hydrant booster assembly. Upon inspecting the building, FRNSW identified further issues with the fire hydrant system, access and egress and compartmentation and separation. FRNSW served a Notice and Order on the owners and as a result, a majority of the issues with the fire hydrant system have now been rectified.

Council officers inspected the building and additional issues were identified. A Notice of Intention to Issue an Order was served to rectify issues. Should the Notice of Intention not be complied with it is recommended that a Fire Safety Order to be served.

 

Financial Implications

 

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

 

Risk Implications

 

There are no risk implications associated with this report subject to the recommendations.

Conclusion

All fire safety issues identified by Fire and Rescue NSW have been responded to by Council officers to ensure that they are addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Program.

 

RECOMMENDATION

That:

1.     The information contained in the report on Fire Safety Update be received.

2.     Council issue a Fire Safety Order on 1590-1594 Mulgoa Road, Wallacia and 159 Queen Street St Marys should the requirements of the Notice of Intention to Serve an Order not be met.

3.     Fire and Rescue NSW be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

3        RFT21/22-28 St Marys Senior Citizens Centre Refurbishment                                      11

 

4        RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space                                15

 

5        Londonderry Flood Recovery Hub                                                                                   19

 

 

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

 

 

3

RFT21/22-28 St Marys Senior Citizens Centre Refurbishment   

 

Compiled by:               Mudassar Fayyaz, 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

Implement the Building Asset Renewal Program

      

 

Executive Summary

Tender reference RFT21/22-28 for St Marys Senior Citizens Centre Refurbishment Works was advertised online through Apet360 on 3 March 2022. The tender closed on 26 April 2022.

This report advises Council of the outcome of the tender process and recommends that the tender from Secure Building Solutions Pty Ltd for the full scope of works outlined in RFT21/22-28 for St Marys Senior Citizens Centre Refurbishment Works be accepted for the amount of $2,486,165.00 (excluding GST).

Background

Council has an ongoing community centre renewal program to upgrade facilities which incorporates internal redesign for improved functionality, meeting and activity space, additional storage and accessibility upgrades. 

 

Penrith City Council have partnered with the Australian Government via the Penrith Community Hall Network Upgrade Grant to undertake a range of improvements at the St Marys Senior Citizens Hall and Community Centre located in St Marys Corner.

 

Refurbishment works at this site features the following:

•        Refurbishment of ceilings and floors and all services including fire, security and lighting.

•        Replacement of air-conditioning units.

•        Replace windows and associated flashings.

•        Demolition and installation of new partition walls and doors to create more useable space for staff and patrons.

•        Renovation of existing kitchen and toilets, including accessible toilets and the construction of a new adult change facility including adult change table.

•        Installation of new joinery and shelving.

It is expected that the proposed refurbishment works will significantly add to the life span of the centre and enhance the user experience by providing contemporary facilities.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Anupama Saha - Graduate Architect, Mudassar Fayyaz - Major Projects Coordinator, Wasique Mohyuddin – Delivery Program Manager, Stephanie Gray - Community Facilities and Recreation Planning and Projects Officer, David Fowler - Community Facilities and Recreation Coordinator and was chaired by Michael Jackson - Design and Projects Manager. Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

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

•        Business References

•        Demonstrated Ability

•        Works Method and Program

•        Financials

•        Employment Policies and details (Direct labour and Sub Contractors)

•        Local Business Preference Policy - Suppliers and Contractors

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health & Safety

Initial Tender Review

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

Company

Lump Sum Tendered Price

Company Address

Directors

Secure Building Solutions Pty Ltd

$2,486,165.00

Unit 11, 9 Kilto Cres Glendenning 2761

Anthony Vella

Sheeth Pty Ltd

$2,511,932.25

82 Meeks Road Marrickville 2204

Marissa West

Versabuild Pty Ltd

$2,556,915.00

Shop 6, 1822 The Horsley Drive, Horsley Park  2175

Tony Trimboli

Samways Building & Construction Pty Ltd

$2,741,857.00

Level 7, 109 Pitt Street, SYDNEY 2000

John Raymond Samways 

Trinity Quality Interiors Pty Ltd

$2,847,907.00

L13, 60 Castlereagh Street Sydney

Trevor Lloyd

Boylson Pty Ltd

$3,473,765.00

29 Holdsworth Street Merrylands 2160

Maxwell Boyle

 

The three (3) lowest priced tenders were considered for initial assessment based on available budget and were evaluated using Apet360 software to provide a ranking for conformance with the evaluation criteria. Tenders evaluated were the submissions from Secure Building Solutions Pty Ltd, Sheeth Pty Ltd and Versabuild Pty Ltd.

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

Evaluation of the Preferred Tender

Tenders from Secure Building Solutions Pty Ltd and Sheet Pty Ltd were assessed as the top 2 submissions on the non-financial criteria. The tender evaluation team requested some clarifications on their pricing schedule as some items were not clearly identified.

 

Following an initial assessment and after reviewing the clarifications, the tender from Secure Building Solutions Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money in terms of effectiveness and price. 

The recommended company, Secure Building Solutions Pty Ltd was selected based on their:

1)      Compliance with the tender evaluation criteria,

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

3)      Lowest price for the services offered.

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

Secure Building Solutions Pty Ltd has successfully delivered projects of similar scale and nature in the past and has demonstrated experience of working with other Councils. The project evaluation team has contacted their previous clients for reference checks and received positive feedback with no concerns about their performance and ability to deliver projects of this nature.

Financial Implications

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

 

Funding is provided by the Australian Government Community Development Grant – Penrith Community Hall Network Upgrades ($900,000), the Australian Government Local Roads and Community Infrastructure Program Phase 3 ($400,000), and Council’s Building Asset Renewal Program ($1,487,494). The tendered price by Secure Building Solutions Pty Ltd of $2,486,165 excluding GST is within budget.

 

The maintenance and operational requirements will start at $69,000 per annum. Council’s asset maintenance budgets will be adjusted in accordance with the Budget Guidelines at completion of the project.

Tender Advisory Group Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen - Director City Services, Adam Beggs – Acting Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

 

The TAG considered the recommendations in relation to the tender for St Marys Senior Citizens Centre Refurbishment Works. The TAG resolved that Secure Building Solutions Pty Ltd has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

The Tender Evaluation Committee is of the opinion that Secure Building Solutions Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $2,486,165 excluding GST.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-28 St Marys Senior Citizens Centre Refurbishment be received.

2.     Secure Building Solutions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-28 St Marys Senior Citizens Centre Refurbishment Works for an amount of $2,486,165 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

4

RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space   

 

Compiled by:               Michael Shahidi, Project Supervisor

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

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

Service Activity

Manage the use of community, sport and recreation facilities

      

 

Executive Summary

Tender reference RFT21/22-29 Trinity Drive Cambridge Park Mixed Recreation & Junior Play Space was advertised online through Apet360 on 06 April 2022. The tender closed on 4 May 2022.

This report advises Council of the outcome of the tender process and recommends that the tender from Romba Pty Ltd for the full scope of both portions of works outlined in RFT21/22-29 Trinity Drive be accepted for the amount of $854,824.00 excluding GST (Portion A $684,695 and Portion B $170,129).

Background

Penrith City Council has allocated funding for the renewal of various community playgrounds. Trinity Drive playground at Cambridge Park was included in this program. In addition, Council allocated funds for the construction of a mixed recreation play space, planned to be delivered at the same time. The total budget for this project is combination of Park Asset Renewal budget, Sport and Recreation Reserve budget, ClubGrant Infrastructure Program and Everyone Can Play Grant. Tender documents were set up as a separable portions including:

•	Flying fox
•	Climbing bars
•	Single point swing 
•	Trampoline 
•	Balance beams and steppers

Portion A - Construction of mixed recreation area including:

•     3ft open skate bowl with 5ft rocket                       

•     Pump track

•     Climbing wall

•     Social space

•     Scrabble nets

•     Parkour area

 

 

•	Planted mound 
•	Balance steppers 
•	Rock features 
•	Shade sail

Portion B - Demolition and construction of Junior play space including:

•     Mound Slide

•     Double swing

•     Rock scramble

•     Play cubby house  

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Michael Shahidi - Project Supervisor, James Craig - Projects Supervisor and was chaired by Wasique Mohyuddin – Delivery Program Manager while Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

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

•     Business References

•     Demonstrated Ability

•     Works Method and Program

•     Financials

•     Employment Policies and details (Direct labour and Sub Contractors)

•     Local Business Preference Policy - Suppliers and Contractors

•     Quality Assurance Systems

•     Environmental Management Systems

•     Work Health & Safety

Initial Tender Review

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

 

Company

Separable Portion A      Lump Sum

Separable Portion B Lump Sum

Total of both Portions

Address

Director(s)

Civilscape Pty Ltd

No submission

$160,642.00

N/A

28, 13u/175 Lower Gibbies St Chatswood

Paul Thomas

Romba Pty. Ltd.

$684,695.00

$170,129.00

$854,824.00

Unit 3/17 Bromley Rd Emu Heights

Darryl Burgmann

Perfection Landscape Services Pty Ltd

$835,355.22

$160,067.74

$995,422.96

12/7 Tucks Road Seven Hills

Peter Rizk

The Trustee For Simpson Family Trust

$913,545.00

$195,815.00

$1,109,360.00

67 Oak Road Kirrawee

Stephen Simpson

Evaluation of the Preferred Tender

Following in depth assessment of the tenders submitted, the tender from Romba Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money for both Portions of works in terms of effectiveness and price.

 

Civilscape Pty Ltd was not considered the best option for Portion B of the works as Romba Pty Ltd demonstrated much better effectiveness in their submission over Civilscape Pty Ltd and due to the value of that Portion they would not be engaged as Principal Contractor which imposes project management and WHS risks for Council.

 

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

1)      Compliance with the tender evaluation criteria,

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

3)      Lowest combined price for the services offered.

 

Romba Pty Ltd has previously completed a number of projects for Council including Kingsway West Fields development and Robin Wiles Park.

 

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

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 Neil Farquharson – 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 where it was noted that the recommended proposal is the lowest cost, the company strongly demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making recommendations.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Romba Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd and took into account the combined value of the tenders Romba Pty Ltd are being recommended for in this business paper. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason the contract should not be awarded.

Funding is provided by the NSW Government Infrastructure Grant, the NSW Government Everyone Can Play Grant, Council’s Sports & Recreation Reserve, and Council’s Parks Asset Renewal Program. The tendered price by Romba Pty Ltd of $854,824 excluding GST is within budget.

The maintenance and operational requirements will start at $33,000 per annum. Council’s asset maintenance budgets will be adjusted in accordance with the Budget Guidelines at completion of the project.

Risk Implications

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

Conclusion

The Tender Evaluation Committee is of the opinion that Romba Pty Ltd provided the best tender and it is recommended that the company be awarded the contract for both portions of the works for a sum of $854,824.00 excluding GST (Portion A $684,695 and Portion B $170,129).

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space be received

2.     The tender from Romba Pty Ltd be accepted for the amount of $854,824.00 (excluding GST) for the full scope of works including both portions of works outlined in RFT21/22-29 Trinity Drive.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

5

Londonderry Flood Recovery Hub   

 

Compiled by:               Sophia Purtell, Community Engagement Officer - Neighbourhood Renewal

Olivia Kidon, Community Safety Team Lead

Andrew Hewson, Sustainability Education Officer

Laurie Cafarella, Security and Emergency Management Co-ordinator

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures

Nik Proufas, City Assets Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

Deliver projects that address local issues and improve the wellbeing of local communities

      

 

Executive Summary

The purpose of this report is to inform Council about the delivery of the Londonderry Recovery Hub in response to the impacts of the March 2022 flooding on residents living in the Penrith LGA.

This report provides an overview of Council’s emergency and recovery response and recommends recovery actions to support the short term and long-term recovery of local residents as well as preparedness for future disasters.

The report recommends that Council receive this information and endorse the delivery of the ongoing recovery actions. 

Background

In March 2022, a record level of rain fell across NSW resulting in flooding over many areas along the state’s coastline and interior. The persistent rainfall led to flooding in communities across NSW including the Hawkesbury-Nepean Valley. Evacuation warnings and orders were issued for numerous locations across the Hawkesbury-Nepean, with flood impacts surpassing those experienced only 12 months earlier in March 2021.The flood was categorised as a 1 in 20-year event.

Across Penrith LGA, the suburb of Londonderry experienced the most significant flooding impact, with a number of properties inundated and damaged after being submerged in flood water. Houses, businesses, and other property assets such as sheds and fence lines were also heavily impacted. Flooding and inundation also caused damage to properties in other suburbs including Mulgoa, Wallacia, Berkshire Park, Werrington, Agnes Banks, Luddenham, St Marys, Oxley Park, Penrith, Emu Plains, Regentville, Cambridge Park, Cambridge Gardens and Jamisontown.

Council worked closely alongside various Government and non-government agencies and services to respond to the flooding emergency and provide recovery assistance. A multi-disciplinary team of Council officers worked to establish a Recovery Hub at the Londonderry Neighbourhood Centre, supported by Resilience NSW. The Recovery Hub operated over a 5-week period in March and April, providing assistance for flood affected residents.

Flood Emergency Response

During the flood emergency, Council’s Local Emergency Management Officer (LEMO) worked to support the SES and open the Operations Centre in Regentville. This included nominating through the Local Emergency Management Committee (LEMC) a local evacuation centre to be established at Penrith RSL.

Whilst there were widespread Evacuation Warnings and Orders across the region, 9 people visited the Evacuation Centre at Penrith RSL to seek emergency assistance. Emergency accommodation was found for 2 residents but the vast majority of impacted households were able to seek accommodation assistance with family and friends.

Additionally, Council staff proactively assisted with road closures and sandbag distribution during the flood emergency. This included staff from City Presentation and Ripples who packed and distributed over 22,000 sandbags.

Sandbag distribution points were set up at the Londonderry Neighbourhood Centre carpark and Jamison Park carpark. The Rapid Relief Team (RRT) also assisted Council and SES in delivering sandbags to residents who could not pick them up. A number of residents called Council for assistance during the flooding event, including two families who requested help due to isolating at home with COVID-19 whilst at imminent risk of flooding. Council’s LEMO prioritised these cases with the SES and ensured they received the sandbag assistance they required in a timely manner.

Feedback from the local community on sandbag distribution and the actions of Council staff and other partners was overwhelmingly positive.

Council’s Communications team also worked closely with the LEMO and the SES to update the Emergency Dashboard on Council’s website and distribute the Flood Bulletins from the SES on social media.

Flood Recovery Hub – Londonderry Neighbourhood Centre

Following the flood event and after the SES declared Londonderry as Safe to Return, Council established a localised Recovery Hub at the Londonderry Neighbourhood Centre. Staff coordinated the establishment and operations of the Recovery Hub in partnership with Resilience NSW.

Whilst a larger scale Recovery Centre was operational in South Windsor, residents in the Penrith area, and particularly Londonderry expressed the importance of a localised recovery offering. In response to resident feedback from the 2021 Floods, Council determined that Londonderry Neighbourhood Centre would be a suitable location for a Recovery Hub to service local needs.

The Recovery Hub at Londonderry was a convenient ‘one stop shop’ that provided place-based access to services and assistance for flood affected residents by:

·    Providing a safe place for those affected by the disaster to meet and discuss their experience and needs

·    Providing direct provision of government and non-government information and services in one easy to access location

Services available at the Recovery Hub included accommodation assistance, clean up assistance, help with replacing lost documents, mental health and wellbeing services, financial counselling, insurance, legal support, showers and washing facilities, food hampers, essential items and vouchers.

The organisations and agencies operating out of the Recovery Hub included:

•        Penrith City Council

•        Resilience NSW

•        Service NSW

•        Service NSW Business Concierge

•        Service Australia (Centrelink)

•        SES

•        Australian Red Cross

•        Anglicare

•        Department of Primary Industries

•        Orange Sky (mobile showers and washing facilities)

•        Westcare Penrith

•        LikeMind Penrith

•        Wesley Mission

•        Headspace Penrith

•        NSW Legal Aid

A range of financial assistance was on offer including grants for flood affected individuals, primary producers and small business, one-off payments through the Australian Government, Australian Red Cross and Wesley Mission.

Visitors to the Recovery Hub were greeted by the Australian Red Cross and Anglicare Staff on their arrival. People that became distressed could access psychological first aid through trained volunteers and psychologists from LikeMind and Headspace. Service NSW managed the registration process of customers through a triage system, documenting their story and connecting customers with relevant agencies based on their needs.

Additional facilities were available including a WiFi station with Council iPads for residents to use, a children’s play area, a quiet room for accessing mental health and translation services and a tea/coffee and food station including meals and catering provided by local Londonderry businesses.

The Recovery Hub was promoted to the local community by a range of methods including signage on surrounding roads, flyer drop, flyers in local businesses and Social Media content.

The Recovery Hub was responsive and reflected community feedback and visitation rates. The initial opening hours of the Hub were 11am – 3pm but later changed to 2pm – 7pm in response to resident requests.

The Londonderry Neighbourhood Centre is highly utilised by local groups, particularly in the evenings. Council’s Community Facilities team ensured the Londonderry Neighbourhood Centre was available for the Hub whilst still accommodating the needs of local community groups. On one occasion Council staff set up the Recovery Hub in the carpark of the Neighbourhood Centre to allow a local dance group to continue activities.

Accurate estimates of residents impacted through flooding and inundation are difficult to determine as not all residents register for support. However, a total of 174 people visited the Recovery Hub and a total of 106 people living in the Penrith LGA registered for flood assistance through Service NSW. In addition, 74 Damage Impact Assessments were carried out by local SES and RFS crews and 432 cases were raised for flood clean up with Council’s Waste Department.

Council has been advised that 18 properties have been identified as uninhabitable and whilst location details have not been provided, it is understood that the majority are in the Londonderry area.


Recovery Hub Outcomes

Through the delivery of the Recovery Hub, Council has developed a strong working relationship with Resilience NSW who played an active role in supporting Council staff, advocating for resources and escalating issues such as the need for Penrith LGA to be included in Recovery grants. This collaborative partnership has continued beyond the delivery of the Recovery Hub with Resilience NSW providing support, sharing information and working with Council staff to draft a Recovery Action Plan.

Council also strengthened partnerships with other agencies including Hawkesbury City Council, Service NSW, Peppercorn Community Services and Nepean Blue Mountains Local Health District. These working partnerships will continue, ensuring residents across Penrith   are receiving quality and long-term recovery assistance.

The flexible and adaptable nature of the Recovery Hub allowed Council officers to respond to resident feedback and requests. This included:

·    Changing the operating hours of the hub so residents could attend after work

·    Adjusting the services present at the Hub to meet community needs, for example, in Council staff identified the need for a Financial Counsellor and organised Wesley Mission to attend to provide this service

·    When the Neighbourhood Centre was unavailable, Council staff pivoted to deliver a pop-up Recovery Hub in the car park of the neighbourhood centre

·    Residents requested access to WiFi and iPads to apply for grants online and Council was able to provide this the following day

Many residents who attended the Recovery Hub provided positive feedback about the quality customer service and level of support they received. Residents reported feeling “safe and welcome” at the hub which they highlighted is important at “such an emotional and challenging time” – Londonderry Resident who had their home destroyed by flood water twice in 12 months.

Recovery Challenges

Assumptions about the scale of the flood impact were based on the heights of the Nepean River and didn’t necessarily account for the backflow from the Hawkesbury River that caused significant flooding in suburbs such as Londonderry. This meant not all flood affected properties had a Building Damage Assessment completed. Council, Resilience NSW, SES and Service NSW have collaborated to address these gaps to better understand the overall impact of the flooding across Penrith.

A key factor in the flood recovery has been the compounding effect of multiple and consecutive disasters. Communities across Penrith are still adapting and recovering from the 2021 floods, COVID-19 and, most recently, the March 2022 flood. The interplay of these shocks and stressors has had a cumulative effect on community wellbeing, mental health, housing stress and business recovery.

The table below identifies the key recovery challenges identified by residents and services through the delivery of the Recovery Hub.

 

 

Issue

Challenge

Cumulative community Impacts

·    Many residents that were impacted by the 2022 flood event had been significantly affected by prolonged drought, 2021 floods and major storm damage and COVID-19 causing financial and social disruption across the community.

·    Many residents attending the Recovery Hub were experiencing trauma and poor mental health. This was worsened by the ongoing rain whilst the Hub was operational and multiple flash flooding events that occurred.

·    For some residents, this was the first major flood experienced. New residents to the area were not prepared for flood impacts. Many residents who were impacted are vulnerable members of the community and don’t have strong support systems in place for recovery.

Community health and wellbeing

·    Ongoing community health issues including mosquito disease, mould, respiratory illness and infections.

·    Complex health, legal and regulatory issues complicating recovery assistance for some residents.

·    Some residents attending the Recovery Hub appeared very stoic and refused to accept support despite being flood affected.

·    Increased demand for mental health support.

·    Demand for case management and direct support to assist residents through their recovery.

·    Some residents feel their property flooded as a result of actions taken by their neighbours. This has the potential to result in neighbourly disputes.

·    Some residents refused to leave their uninhabitable property for emergency accommodation due to caring for animals of fear or looters entering their property.

Clean up   

·    Residents are still managing issues relating to land contamination with sewerage, insecticides, fertilisers and animal carcasses.

·    Ongoing clean-up related issues affecting households and businesses including the removal of difficult waste due to size or access issues.

·    Exposure of unapproved structures and activities through flood damage.

·    Perceived inequity between government clean up assistance provided from area to area.

Financial counselling and financial aid

·    Demand for support with grant applications and eligibility.

·    Some residents had both their business and home impacted by flooding and they expressed that there is not enough rapid financial support.

·    A lack of insurance or underinsurance for impacting some residents’ ability to recover and rebuild.

·    Resident concerns around paying bills, including rates on time.

Insurance

·    Many residents do not have flood insurance as they could not afford it.

·    Some residents incorrectly told by insurance to leave flood damaged furniture and belongings etc. in the house until an insurance assessor has been. This is a health hazard.

·    Backlog of insurance assessments leading to delays.

·    Concerns that some residents are not eligible for insurance due to the type of flood impact such as drainage overflows being the cause of flooding.

On a practical level, establishing and delivering the Recovery Hub and ongoing recovery effort has proved a challenge for staff resourcing. Staffing the Recovery Hub has been only one part of the impact on resourcing. For every resident that attended many hours of follow up has taken place. The work with residents has been enormously challenging and rewarding for the staff involved and has had an impact on other project timeframes.

Officers are currently developing a proposal for a Recovery Officer funded through the NSW Flood Recovery program. This position would work to support the medium to long-term recovery, preparedness and resilience of the Penrith community as well as assisting in coordinating immediate support for residents through programs such as the Village Cafe.

Flood Recovery Actions

The concept of recovery seeks to address the diverse needs of individuals and communities who have been affected by a disaster including financial impacts as well as complex social needs. For many residents affected by the 2022 floods, the process of recovery remains in its early stages.

Beyond the delivery of the Flood Recovery Hub, Council will continue to lead a range of initiatives to support the short term and long-term recovery of flood-affected residents across Penrith.

Council will coordinate the ongoing community recovery following the 2022 Floods using a phased approach.

Recovery Phase 1 – Response, Relief and Short-Term Recovery
This phase commenced during and immediately after the flooding event and has included Building Impact Assessments, clean up and waste assistance, early relief and emergency assistance, assessing recovery needs and short-term planning. Key actions in this phase include:

·    Delivering the Flood Recovery Hub

·    Ongoing Communications with updates and information on support services

·    Waste clean ups

·    Establishing partnership with Resilience NSW

·    Meetings and partnerships with various agencies and organisations

·    Multi-disciplinary Council team coordinating emergency response and recovery


Recovery Phase 2- Long-Term Recovery
This phase includes the medium to long-term recovery efforts including community engagement, rebuilding, and support programs. Key actions for delivery in this phase include:

·    Develop a Flood Recovery Action Plan including social and economic actions

·    Recruit for a Recovery Officer

·    Ongoing Communications with flood-affected residents

·    Delivery of 3 pop-up community events in Londonderry focused on recovery

·    Targeted mental health support for flood-affected communities

·    Partnership with NBMLHD to deliver recovery and resilience programs in flood-affected schools and communities

·    Partnership with Peppercorn Community Services to deliver direct casework with flood-affected residents in need

·    Ongoing partnership with Resilience NSW, LEMC and surrounding Councils

·    Data sharing with Service NSW

·    Council joining the Resilience NSW Health and Wellbeing Subcommittee

·    Encourage Penrith community services to connect with Givit

·    Investigate opportunities for delivering Village Café in Londonderry with a recovery focus

Recovery Phase 3 - Transition and Preparedness
This phase focuses on transitioning to ‘post-disaster life’ or ‘business as usual’. This phase provides an opportunity to identify lessons learned and implement improvements to increase resilience as part of recovery processes and planning for preparedness. Key actions may include:

·    Relevant Council staff to undertake preparedness and recovery training

·    Investigate opportunities for building the capacity and preparedness of local services in providing community support during and after a disaster

·    Complete delivery of Flood Recovery Action Plan

·    Provide resources for local businesses and community leaders on support for community members experiencing post-disaster trauma

·    Deliver Disaster preparedness and Disaster Risk Reduction programs for residents and businesses in disaster-prone communities

·    Undertake an ‘end to end’ review of emergency and recovery responses to inform the development and documentation an ‘end to end’ plan for future responses.

Council has recently received notice of a successful application made under the Federal Government Preparing Australian Communities – Local Stream Grant, administered through Department of Industry, Science, Energy and Resources. The grant of $95,000 will enable Council to work in priority flood risk areas to:

·    Increase community preparedness and resilience to climate risks

·    Assist communities in disaster preparedness through information and engagement

The funds will assist in disaster preparedness for the community over the coming years.

 

 

Financial Implications

 

Projects to continue to coordinate ongoing community recovery following the 2022 Floods are to be delivered using a phased approach and will be funded through Grant funding opportunities as well as existing budgets within Council’s Operational and Delivery Programs.

Risk Implications


Associated risks with the delivery of recovery actions will be addressed through comprehensive risk management plans in line with Council’s policies and procedures to minimise risks to residents, businesses and staff.

All projects will be delivered in accordance with comprehensive COVID Safety Plans to ensure the safety of customers and staff.

Conclusion

This report has provided Council with an overview of the March 2022 flooding event and the impact this has had on residents living in the Penrith LGA. A flood Recovery Hub was delivered in response to the flooding that provided support and assistance over a 5-week period in March and April 2022 at the Londonderry Neighbourhood Centre.

Key recovery actions will be delivered over the coming months to support the resilience and wellbeing of flood-affected residents and strengthen the preparedness of the Penrith community to manage future shocks and stressors. The development of an ‘end to end’ plan for Council responses will assist in responding effectively to future emergencies.

The report recommends that Council receive this information and endorse the delivery of the ongoing recovery actions. 

 

RECOMMENDATION

That the information contained in the report on Londonderry Flood Recovery Hub be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

6        RID Squad EPA Project Agreement                                                                                31

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

 

 

6

RID Squad EPA Project Agreement   

 

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

Collaboratively manage illegal dumping across Western Sydney (RID Squad)

      

 

Executive Summary

The Western Sydney Regional Illegal Dumping Squad (RID) Squad is a partnership between the NSW Environment Protection Authority (EPA) and six local councils. It is aimed at addressing the illegal dumping of waste material throughout Western Sydney.

 

The governance and joint funding of the Squad is outlined in separate Project and Funding Agreements. The current Agreements end on 30 June 2022. The EPA has advised that it has approval to enter into a further five-year agreement with the member councils. As part of this commitment, the EPA will provide $3.1 million over five years.

 

Four of the six member councils, Blacktown, Fairfield, The Hills and Blue Mountains are committed to the RID Squad for a further five years. Camden has committed to one year at this stage, however it is anticipated that this may extend.

 

The member councils are proposing to enter into a five-year agreement with the EPA with an opportunity for councils to review their commitment to the final two years at the end of the third year. This will help manage any financial or operational implications associated with Camden’s uncertain long-term involvement. Based on this commitment, the annual cost for each council will be $85,000 in 2022-23.

 

It is recommended that Council support a further five-year commitment to the RID Squad based on the above terms and that Penrith City Council continues as the host for the Squad.

 

Background

Councils have responsibilities under the Protection of the Environment Operations Act 1997, the Local Government Act 1993 and the Environment Planning & Assessment Act 1979 with respect to the regulation of waste management in their local government areas.

 

The EPA carries out functions under the Waste Avoidance and Resource Recovery Act 2001 to develop, implement and/or co-ordinate programs for the prevention of litter and illegal dumping.

 

Under the Waste Less, Recycle More Strategy 2017-21, the NSW Government provided $9 million to support the Regional Illegal Dumping (RID) Squads and Programs across NSW. Additional funding was provided for the transitional year, up to 30 June 2022.

 

The NSW Waste and Sustainable Materials Strategy 2041 – Stage 1: 2021-2027 has recently been released and provides for $16 million in funding for illegal dumping programs, including RID squads and programs across NSW. The Strategy provides a long-term strategic focus for communities, industry, and all levels of government to improve waste management, recycling and resource recovery.

 

The Western Sydney RID Squad was formed in 1999 as a response to the growing problem of the illegal dumping of waste. The RID Squad is a partnership between the EPA and local councils aimed at addressing the illegal dumping of waste material throughout Western Sydney. There are currently six members of the RID Squad include Penrith, Blacktown, Fairfield, The Hills, Blue Mountains and Camden.  Penrith City Council has hosted the RID Squad since 1999, and has managed the operations, budget and employment arrangements of the Squad. Any costs incurred by Council as host are funded across the partners.

 

The RID Squad is funded through a co-contribution from the EPA and the Member Councils. The Host Council is responsible for the administration of each RID Squad and program, and a Strategic Alliance Agreement and an EPA Project Agreement set the framework and reporting requirements for the operation of the RID Squads and programs.

 

A Management Committee comprising of all member Councils and the EPA oversees the governance of the RID Squad. The Management Committee makes policy decisions related to the RID Squad to guide the employees and host Council, approves the contributions and operations budget, reports to parties on the squad and reviews the service specification for the host council.

 

Current Situation

The RID Squad is a deterrent program utilising a team of specialist investigators, targeting the illegal disposal of waste throughout Western Sydney. The Squad is unique in that staff employed by one Council operate across local government areas, providing a service that would otherwise not be able to be afforded by a single Council.

 

In the period 2017- 2022, the RID Squad conducted 12,654 investigations, removed 157,487 tonnes of waste and issued a total of $848,985 in Penalty Infringement Notices.

 

The EPA has recently conducted a review of the RID Squad Program to understand which aspects of the current approach are working well, what the challenges are, and how the overall model for addressing small-scale illegal dumping. The EPA has advised Council that the Western Sydney RID Squad is the highest performing squad across NSW.

 

EPA Funding Contribution and Project Agreement

 

Under the recently released NSW Waste and Sustainable Materials Strategy 2041 – Stage 1: 2021-2027, the EPA has confirmed a funding contribution for the Western Sydney RID Squad.

 

The RID Squad Management Committee recently convened to discuss the Funding contribution. The key outcomes being sought by Penrith City Council and the RID Management Committee under the new Project Agreement, are as follows:

 

·    Ensure that there is a sustainable funding position at the completion of the agreement,

·    To be able to incentivise member participation

·    Provide certainty for Council members

·    Ensure transparency.

 

 

 

 

Financial Implications

The EPA has recently confirmed the funding contribution for the Western Sydney RID Squad for the period 2022-2027 as follows:

 

2022/23

2023/24

2024/25

2025/26

2026/27

Total Funding

 

$591,785

$606,579

$621,287

$653,220

$653,220

$3,110,615

 

*Assuming 2.5% CPI

 

Based on the EPA commitment, Council will be required to make an annual contribution of $85,000 (subject to indexation). A provision has been made for this in Council’s Operational Plan.

 

If Council did not enter into the RID Squad Agreement, the ability to investigate Illegal dumping through a regional, strategic and coordinated approach would be lost. The cost to Council would also increase, with the continued employment of one officer in the Penrith LGA increasing to more than $120,000 per annum.

Risk Implications

If the number of member councils reduces during the term of the Agreement, it is possible that the annual EPA contribution could reduce. Council is negotiating with the EPA for the EPA to ensure its level of commitment regardless of the number of member councils.

 

In the event that a council does withdraw and the EPA reduces its contribution, there is sufficient in the reserve to cover the shortfall for the first three years. Therefore, as another risk management measure, it is proposed that councils can withdraw from the Agreement after three years.

 

Conclusion

In summary, it is recommended that the Council enter into the EPA Project Agreement for the Western Sydney Regional Illegal Dumping (RID) Squad for five years from 1 July 2022 – 30 June 2027, with the option for councils to review their involvement in the final two years at the end of the third year.

That Penrith City Council continues as the host Council under the terms of the Project Agreement and Strategic Alliance Agreement.

 

RECOMMENDATION

That:

1.     The information contained in the report on RID Squad EPA Project Agreement be received.

2.     Penrith City Council continue as the host Council under the terms of the Project Agreement and Strategic Alliance Agreement.

3.     The General Manager be granted delegation to sign the EPA Project Agreement and Strategic Alliance Agreement for the Western Sydney Regional Illegal (RID) Squad for five years from 1 July 2022 – 30 June 2027, with the option for councils to review their involvement in the final two years at the end of the third year.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

7        Don Bosco Youth and Recreation Centre St Marys Funding Agreement                       37

 

8        Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia) 41

 

9        Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo                                                              45

 

10      RFT 21/22-21 City Park Landscape Construction                                                           48

 

11      Grant Acceptance - Greening the Great West Walk                                                       50

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

 

 

7

Don Bosco Youth and Recreation Centre St Marys Funding Agreement   

 

Compiled by:               Katerina Tahija, Community Capacity Officer

Marcela Hart, Community Capacity Lead

Olivia Kidon, Community Safety Team Lead

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

Provide opportunities for our community to be healthy and active

Service Activity

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

     

 

Executive Summary

This report informs Council of the operations of the Don Bosco Youth and Recreation Centre St Marys and seeks endorsement of a new funding agreement for the period July 2021 – June 2023.

Council has supported the Don Bosco Youth and Recreation Centre since 1992, including financial support for running costs and land rates. From its opening, the Centre has delivered recreation and leisure opportunities to young people and the broader community.

The Centre was significantly impacted by Covid-19 during 2020 and 2021, with public health orders limiting operations. The service returned to full delivery of regular programs and services in October 2021.  

Council’s most recent funding agreement with the Don Bosco Youth and Recreation Centre was for a five-year period that ended June 2021.

Council officers are currently undertaking a review of Council’s community funding arrangements across a range of program areas as reported to Council at a Briefing in May, 2021. A further two-year funding agreement with Don Bosco Youth and Recreation Centre will enable the centre to plan for activities whilst Council Officers review the agreement in line with the delivery of benefits across all community funding arrangements.

This report recommends that Council endorse a two-year funding agreement of $33,200 per year for the period July 2021 – June 2023 to support the continued operation of the Don Bosco Youth and Recreation Centre with a new Deed of Agreement. Further to this, that Council Officers work with Don Bosco during this period to review the funding arrangements in accordance with Council’s adopted position on community funding.

Background

In 1992 Penrith City Council (Council) leased land in Mamre Road, St Marys to the Salesians of Don Bosco to build a centre aimed at meeting the recreational and social needs of young people in the St Marys and broader Penrith area.  Conditions of the lease and Deed of Agreement between Council and the Salesians of Don Bosco, in relation to the provision of services, included that the proposed Don Bosco Youth and Recreation Centre (the Don Bosco Centre or Centre) be accessible and affordable to the local community.

 

The land on which the Don Bosco Centre was constructed was offered at a token rent for 75 years and Council agreed to pay land rates for the site. Council also provided a lump sum of $100,000 towards the construction of the Don Bosco Centre.

 

Further to this, also in 1992, Council agreed to make an indexed annual contribution for five years of $25,000 towards the running costs and equipment required by the Don Bosco Centre.  The Deed of Agreement outlined that Council, following an agreed upon procedure, may increase, decrease or cease any such payments following a review.

 

In 2010, and again in 2017, Council endorsed the continuation of the financial contribution to the Centre following investigation of possible alternative funding arrangements as well as a differential fee arrangement for groups using the Centre from outside the LGA.

 

The agreement was also extensively reviewed at this time and a new detailed contract was negotiated between the parties. The annual recurrent financial contribution to the Don Bosco Centre of $33,200 (exclusive of GST) was adopted as the base contribution for each five-year contract. The most recent five-year contract ended 30 June 2021.

 

A review of Council’s community funding arrangements is currently under way, considering the type of community funding Council provides, the process for allocation of funds as well as the monitoring and reporting of community benefit. Council were advised of the commencement of this process in May 2021. The review covers community funding and arts and cultural funding programs, which does include funding to support outcomes for children, young people and other groups within the community. Funding for sporting groups is not included in the review. It is expected that the review of community funding arrangements will be put to Council for consideration in late 2022.

 

Don Bosco Centre - Current Operations and Program Delivery

 

Since opening in 1992, the Don Bosco Youth and Recreation Centre has provided a range of interesting, healthy and enjoyable activities to build confidence and self-esteem. The Centre provides both individual and team activities, programs and drop-in sessions, that involve young people, families and the broader community. The Centre is accessed by school, disability and vacation care groups and is hired by community groups and for private children’s parties.

 

During 2020 and again in 2021, the Don Bosco Centre was limited in its provision of services to the community as a result of COVID-19 public health orders. In October 2021 the Centre reopened to the public to provide their full range of programs and services, including free sessions as well as booked events.

 

The service provides a copy of its Annual Report each year to Council.

 

Don Bosco Centre - Funding Agreement

 

Council’s most recent funding agreement with the Don Bosco Youth and Recreation Centre was for a five-year period that ended June 2021.The agreement provided for an annual subsidy of $33,200 (exc GST). 

A further two-year funding agreement for the period July 2021 – June 2023 with Don Bosco Youth and Recreation Centre will enable Council Officers to work with Don Bosco on aligning any future funding arrangements with work currently occurring to review Council’s community funding, and any subsequent adopted position of Council. The proposed two-year funding agreement would reflect Council’s current Deed of Agreement with Don Bosco Youth and Recreation Centre and maintain the current level of financial support for running costs and equipment of $33,200 (exc GST) annually, as well as waste removal and rate costs.

Financial Implications

Council has a long history of providing funding to the Don Bosco Youth and Recreation Centre to support the delivery of accessible recreation activities to young people and the community.

The annual contribution of $33,200 (ex GST) for the 2 year period of 2021-22 and 2022-23 is included in Council’s Operational and Delivery Program. In addition to the annual contribution, Council also funds the annual waste rates charges for the property which for 2021-22 totalled $1,662 plus the annual land rates of $1,458.

In the renewal of a funding agreement with Don Bosco, there is a requirement that an annual report including data on usage be submitted to Council prior to that year’s contribution being processed.

Risk Implications

No risks have been identified.

Conclusion

Penrith City Council has provided a range of financial and other supports to The Don Bosco Youth and Recreation Centre at St Marys since 1992.

The Centre seeks to enrich the lives of all young people, with a focus on those most in need. It provides both individual and team activities, programs and drop-in sessions, that involve young people, families and the broader community. The Centre is accessed by school, disability and vacation care groups and is hired by community groups and for private children’s parties.

During 2020 and again in 2021, the Don Bosco Centre was limited in its provision of services to the community as a result of COVID-19 public health orders. In October 2021 the Centre reopened to the public to provide their full range of programs and services, including free sessions and booked events.

Council’s five-year funding agreement with Don Bosco ended 30 June 2021. A 2-year agreement for the period July 2021 – June 2023 is recommended, to support the continued operations of the Don Bosco Centre and enable the centre to plan for activities whilst Council Officers review the agreement in line with the delivery of benefits across all community funding arrangements.

 

RECOMMENDATION

That:

1.     The information contained in the report on Don Bosco Youth and Recreation Centre St Marys Funding Agreement be received

2.     Council endorse a two year funding agreement with Don Bosco Youth and Recreation Centre for the period July 2021- June 2023, including the provision of an annual subsidy of $33,200 (exc GST) as well as waste removal and rate costs.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

8

Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia)   

 

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 an event sponsorship proposal received from USM Events Pty Ltd (t/a IRONMAN Australia) to support the delivery of the IRONMAN 70.3 Western Sydney event on 25 September 2022. The event is to be held at the Sydney International Regatta Centre (SIRC).

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the proposal.

USM Events Pty Ltd has sought Council sponsorship of $20,000 (plus GST). Council officers estimate the event could deliver approximately $1,994,900 in local economic benefit.

This report recommends that Council provides sponsorship of $20,000 (plus GST) for the 2022 IRONMAN 70.3 Western Sydney event to be held on 25 September 2022.

Background

Penrith City Council (Council) was approached by USM Events Pty Ltd (t/a IRONMAN Australia) on 25 March 2022 to consider a sponsorship proposal for the 2022 IRONMAN 70.3 Western Sydney event to be held on 25 September 2022 at SIRC.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship. The current Major Event Sponsorship budget is $20,000 for financial year 2021-22.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area.

Current Situation

The sponsorship proposal received from USM Events Pty Ltd for the 2022 IRONMAN 70.3 Western Sydney event requests Council funds of $20,000 (plus GST) to assist with operating costs associated with running the event and a strong “out of home” marketing campaign to attract participants and visitors to the Penrith region.

Further details on the event are provided below:

 

2022 IRONMAN 70.3 Western Sydney

IRONMAN 70.3 Western Sydney is part of the global IRONMAN 70.3 series of 95 marathon events which together attract over 120,000 athletes each year. Each of the events offer qualifying positions to take part in the IRONMAN 70.3 World Championships which rotates destinations throughout the world each year. IRONMAN events have taken place in Australia for over 30 years.

The 2022 IRONMAN 70.3 Western Sydney will include a 1.9km swim, 90km bike ride and 21km run at the SIRC.

The event is estimated to attract:

·    1,413 participants (252 local, 850 intrastate, 283 interstate, and 28 international)

·    600 volunteers

·    5,000 spectators

It is anticipated that the majority of participants will stay within the Penrith Local Government Area (LGA) for approximately 2 to 3 nights.

Previous Council Sponsorship provided to USM Events Pty Ltd

Previous iterations of the IRONMAN event have been held in Penrith since 2014. Council has supported this event yearly (except for 2020 and 2021 which were cancelled due to COVID-19) through in-kind marketing and tourism support, traffic management and event clean-ups.

In addition to in-kind support, the 2022 IRONMAN 70.3 is the first year that the event organiser has sought Council’s sponsorship of the event.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by USM for the 2022 event would provide Council and the community of Penrith City with several benefits including:

Branding and Imagery

Council’s logos to appear as Event Partner and Official Host Destination on:

·    All event media releases

·    Event partner webpage on event website

·    Event partner page on event mobile app

·    E-newsletter base logo strip

·    Athlete race bibs

·    Finish chute

·    Media wall

Advertisements

Opportunity to provide:

·    A full page colour advertisement in the Athlete Information Guide

·    A banner advertisement in the Official Mobile App with web link

·    5 x promotional audio announcements

·    Display 6 flags at various locations at the SIRC site

·    Promotional items in all athlete race kits

·    A content piece or banner advertisement in up to 1 e-newsletter

·    3 x social media posts on the event-specific channels

·    Penrith City Council hash tags and handles to be used by event social media in destination social media posts

Additional Benefits

Opportunity for Council to:

·    Provide tourism information about Penrith LGA to display on event website

·    Include a welcome message from Council on event website

·    Have a Council representative (e.g the Mayor or delegate) to speak at event function and/or present event medals

·    Include a quote from the Mayor on pre-event media release

Assessment of sponsorship proposals

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. The event is eligible for funding from Council.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and is expected to have positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $1,994,900.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic value of Tourism & Events" schedule which is published by Destination NSW and has set rates based on the type of event. The DNSW method is the industry standard.



 

 

Financial Implications

As outlined in the Funding Agreement, these sponsorship funds will be paid over two Financial Years (2021-22 and 2022-23) from within existing City Activation Community and Place budgets. Funds for the 2021-22 instalment will be reallocated to the Major Event Sponsorship budget from events which have been cancelled and will not go ahead due to COVID.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with USM Events Pty Ltd (t/a IRONMAN Australia) to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

To minimise commercial risk, funds will be paid to USM Events Pty Ltd (t/a IRONMAN Australia) in instalments upon delivery of agreed deliverables and meeting agreed milestones.

The SIRC is currently unable to host water-based activities due to poor water quality resulting from the recent flood events. Council will build measures into the sponsorship agreement that account for the possibility that the event may not be able to go ahead at the SIRC. 

Conclusion

A request for sponsorship has been received from USM Events Pty Ltd (t/a IRONMAN Australia). The request seeks a total of $20,000 (plus GST) for the 2022 IRONMAN 70.3 Western Sydney event, which will include a 1.9km swim, 90km bike ride and 21km run, and be held on 25 September 2022 at the SIRC. This is in addition to in-kind support traditionally offered the event organisers.

It is estimated that the return to the community of Penrith City from the event could be in the order of $1,994,900 in economic benefit.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with USM Events Pty Ltd (t/a IRONMAN Australia) detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia) be received

2.     Council endorse sponsorship funding of $20,000 (plus GST) to USM Events Pty Ltd (t/a IRONMAN Australia) in support of the 2022 IRONMAN 70.3 Western Sydney event.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

9

Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo   

 

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

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

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

      

 

Executive Summary

This report provides information to Council on the success of a recent grant application to the Greater Sydney Crown Land Open Space Activation Program (the Program) for the construction of amenities at Wilson Park, Llandilo.

The report details an EOI submitted on 18 February 2022 for $350,000 in funding for an accessible amenity building at Wilson Park, Llandilo. The proposed works will include a new accessible amenity building and an upgraded sheltered picnic area. The amenities will add value to the space and aligns with Council’s other current work in Llandilo including the Penrith Mayoral Challenge Program and upgrades to Wilson Park through the NSW Government ‘Everyone Can Play’ Grant and the Community Building Partnership Grant.

This report recommends that Council endorses receipt of grant funds of $350,000 from the Greater Sydney Crown Land Open Space Activation Program.

Background

The NSW Government Department of Planning and Environment (DPE) has allocated $17.6 million over two years to make more Crown Land available as public open space across the Greater Sydney metropolitan area.

Funding is being made available to local councils through an Expression of Interest (EOI) process, for projects at eligible sites identified in the Penrith LGA that meet the program objectives. 

The objectives of the Program are to: 

·    Increase the amount of Crown land used for green and recreational purposes  

·    Encourage greater integration of green and grey infrastructure  

·    Enhance community use and experience of Crown land  

·    Stimulate economic growth and community cohesion in local communities 

Of the eligible sites identified by the DPE for Penrith LGA, Wilson Park, Llandilo is identified as the only reserve that can be delivered within the timeline requirements of the Program. 

An EOI was submitted to the DPE – Crown Lands under this Program for a new, accessible amenities building at Wilson Park, Llandilo. 

Councillors were informed of the Program and the submission of an EOI in a memo dated 17 February 2022. A further memo was sent on 23 May 2022 advising Councillors that our grant application was successful. 

The EOI was submitted on 18 February 2022 for $350,000 in funding for an accessible amenity building at Wilson Park, Llandilo. The proposed works will include a new accessible amenity building and an upgraded sheltered picnic area. This will add significant value to the space and aligns with Council’s other current work in Llandilo. This includes: 

·    The Penrith Mayoral Challenge Program, being delivered by Council's Neighbourhood Renewal Team at Wilson Park with students from Llandilo Public School. Students have been collaborating with Council staff to co-design a new play space for Wilson Park with a focus on access and inclusion.  

·    Upgrades to Wilson Park through the NSW Government ‘Everyone Can Play’ Grant and the Community Building Partnership Grant. A report on these two grants was presented and endorsed at Council’s Ordinary Meeting of 21 February 2022.

Current Situation

An announcement of the successful projects under this Program was expected in mid-2022. On 10 May 2022 Council officers were advised in writing that the application for $350,000 in funding for Wilson Park, Llandilo was successful.

Council was informed that the funding deed must be executed and returned no later than 23 May 2022. Council will be required to expend the funding by June 2023. 

Financial Implications

Council has been successful in a recent grant application to the Greater Sydney Crown Land Open Space Activation Program (the Program) for funding of $350,000 to construct amenities at Wilson Park. Council’s contribution to this funding is through existing programs in Llandilo including the Mayoral Youth Challenge Wilson Park project which is funded through the Penrith Mayoral Challenge Program and the Wilson Park Co-Design projects funded through the NSW Government ‘Everyone Can Play’ Grant and the Community Building Partnership Grant. In line with the conditions of the grant agreement all projects are scheduled for completion in 2022-23.

Risk Implications

All risks associated with the delivery of these programs will be addressed through comprehensive risk management plans in line with Council’s policies and procedures to minimise risks to residents, businesses and staff.

Conclusion

Council has been successful in a recent grant application to the Greater Sydney Crown Land Open Space Activation Program (the Program) for the construction of amenities at Wilson Park, Llandilo.

The funding of $350,000 will support construction of an accessible amenity building and an upgrade to the sheltered picnic area at Wilson Park, Llandilo. The amenities complement Council’s other current work in Llandilo including the Penrith Mayoral Challenge Program and upgrades through the NSW Government ‘Everyone Can Play’ Grant and the Community Building Partnership Grant.

Improvements to Wilson Park respond to resident requests and promote usage of this important local recreation space.

This report recommends that Council endorses receipt of grant funds of $350,000 from the Greater Sydney Crown Land Open Space Activation Program.

RECOMMENDATION

That:

1.     The information contained in the report on Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo be received

2.     Council endorse receipt of grant funds of $350,000 from the Greater Sydney Crown Land Open Space Activation Program for a new accessible amenity building and upgraded sheltered picnic area at Wilson Park, Llandilo.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

10

RFT 21/22-21 City Park Landscape Construction   

 

Compiled by:               Michael Jackson, Design and Projects Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

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

 

Previous Items:           RFT21/22-21 City Park Landscape Construction - Ordinary Meeting - 28 Mar 2022

                                      RFT 21/22-21 City Park Landscape Construction - Councillor Briefing - 16 May 2022    

 

Executive Summary

Tender reference RFT 21/22-21 City Park Landscape Construction was awarded at the 28 March 2022 Ordinary Meeting for the amount of $8,877,807.08 (excluding GST) to Regal Innovations Pty Ltd. After the award, Regal Innovations Pty Ltd advised that they had made an error in their price submission and under Local Government procurement legislation this means Council can’t accept the tender with the increased cost.

This report recommends that Council reject all tenders and readvertise the tender seeking new submissions.

Background

Regal Innovations Pty Ltd notified Council on the following day, Tuesday 29 March 2022 of a significant error in the pricing submitted. This was disappointing considering staff had met with Regal Innovations, post tender submission, to confirm the details of their tender.

Due to the size of the proposed contractor increase it is appropriate to go back out to the market and seek new tenders.

In addition, roadworks providing enhanced opportunities for High Street commercial premises adjacent to the City Park site will also be included as a new scope item.

Concurrently, utilities related costs were being negotiated directly with the utility service providers Sydney Water and Endeavour Energy. There is still negotiation ongoing with Sydney Water, but it is now evident that these costs will be higher than initially allocated within the project budget.

In consideration of such matters, it is recommended that Council reject all tenders and readvertise the tender seeking new submissions. The new tender will be readvertised immediately following this meeting to minimise any delays to approximately 8 weeks, with the new tender to be reported to the Ordinary meeting of 25 July 2022.

Financial Implications

The City Park project has an established budget of $12m. The demolition and site preparation works are being delivered by a separate contract. The remaining funds for this component of the works is included in the 2021-22 and draft 2022-23 Operational Plans. Any subsequent cost implications identified through re-tendering will be reported to Council and a provision will be made in the 2022-23 budget during the current exhibition period, for any possible escalations, prior to the 2022-23 Budget being presented to the 27 June 2022 Ordinary meeting.

The estimated maintenance and operational cost requirements of the full implementation of the City Park project starts at $486,000 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the entire capital works project.

Risk Implications

Utilities related in-ground works are proceeding via the service providers and the demolition contractor, to ensure program delays are minimised and the compliance certification of the remediation of the site is being finalised. Readvertising the tender will enable the outstanding cost risk items to be addressed within the same time period.

Conclusion

It is recommended that Council reject all tenders and readvertise the tender seeking new submissions. The new tender will be readvertised immediately following this meeting to minimise any delays to approximately 8 weeks, with the new tender to be reported to the Ordinary meeting of 25 July 2022.

 

RECOMMENDATION

That:

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

2.     Council reject all tenders.

3.     Council readvertise the tender seeking new submissions.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

11

Grant Acceptance - Greening the Great West Walk   

 

Compiled by:               Karin Felten, Landscape Architecture Supervisor

David Forward, Landscape Architect

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

      

 

Executive Summary

Council has been successful in obtaining $249,597 (ex GST) in the 2022-23 Greening the Great West Walk Program from Department of Planning and Environment (DPE). The funding will contribute to increased urban canopy and green cover, increased comfort for users of the Great West Walk as well as improved open space amenity. No matching funds are required from Council.  The report recommends acceptance of the grant funding.

Background

The Great West Walk (GWW) is a 65 km urban trail that stretches from Parramatta Park to the Blue Mountains. The walk is located on lands in the Parramatta, Blacktown and Penrith Local Government areas, and on land managed by Western Sydney Parklands Trust (WSPT), Parramatta Park Trust (PPT) and National Parks and Wildlife Service (NPWS). The walk was mapped by walking volunteers and officially opened in October 2019 by the Minister for Planning and Public Spaces.

The Greening the Great West Walk program has been identified as an opportunity to contribute to the DPE’s commitment to increase urban tree canopy and green cover in Greater Sydney by planting 1 million trees by 2022. In 2020, The Department commissioned Gallagher Studio to undertake a feasibility study of the GWW which identified significant areas along the 65km walk with low canopy cover (less than 20 per cent) and high urban heat (8-11 degrees warmer than other locations in Greater Sydney).

Upon request, Penrith Council provided DPE with a project proposal for tree planting along the walk for consideration of funding. As a result, there is a commitment from DPE to provide Council with $249,597 (ex GST) to deliver the project. No matching funds from Council are required.

Last year’s Greening the Great West Walk project awarded to Penrith City Council involved the wildflower project ‘Let it Bee’ at Grey Gums Reserve, Cranebrook, and the ‘100 trees for 100 years of Rotary’ avenue of tree planting in Ironbark Reserve, Cranebrook.

Current Situation

This year’s project supported by DPE is ‘Berried Treasures’. A proposal to plant a series of 5 rest nodes with edible fruits and berries along the Great West Walk. There will be two components to this project:

 

 

a.       Bush food trail

A bush food trail with two rest areas is proposed along a dedicated section of the walk in Ariel Crescent, and Laycock Street, Cranebrook. Local first nations businesses and representatives will be sought in line with Council’s procurement policy to co-design, construct, and maintain planting for the duration of the project, incorporating native berries and other bush food.

b.       Mulberry tree groves

Planting of three rest nodes of mulberry groves along the Great West Walk. There is an existing avenue of mulberry trees along the Nepean River section of the walk which is a very popular activity for families to come and collect the fruit. This proposal builds upon the success of this concept with a series of an additional 3 nodes at Ironbark Reserve in Cranebrook, Cary Street in Emu Plains, and Bunyarra Drive Reserve in Emu Plains.

The carbon footprint of these projects will be calculated and be reported back to DPE, it is anticipated the project will be carbon positive.

These projects are awarded funding on their innovative nature and will test and demonstrate the value of:

1. Edible foodscapes in the public realm

2. Water efficient planting design

3. Consultation and delivery with first nations communities

4. Carbon footprint calculation

Council’s nursery will be prioritised for plant stock procurement. 

Following site testing for contaminants and community consultation, the ground preparation for the project is scheduled to commence November 2022 and the final acquittal for the project scheduled for 31 December 2023.

Financial Implications

The grant funding application included an allowance for a 12 month establishment maintenance period for the new trees.  No Council funds are required for the implementation of these grants.

Risk Implications

These projects address the issue of urban heat and seek to mitigate climate related risk.  The key risk within this project is procurement of suitable tree stock as DPE has several programs underway across Greater Sydney and the availability of larger tree stock is becoming limited. Council’s Nursery will be a great asset in the sourcing and growing of stock to an appropriate size for the project.

Conclusion

The ‘Berried treasure’ project aims to increase urban tree canopy and green cover in Western Sydney. It is expected that the projects will build community presence in our open spaces and with monitoring, Council can learn from innovative planting techniques.

We seek Council’s endorsement to accept the grant funds of $249,597 (ex GST) from the DPE.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Grant Acceptance - Greening the Great West Walk be received

2.     Council accept the $249,597 (ex GST) grant funding from the NSW Department of Planning and Environment to deliver the project.

3.     Letters of thanks be sent to the Minister for Planning, the Hon Anthony Roberts MP, and the Local Member, the Hon Stuart Ayres MP.

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.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

12      Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910)             55

 

13      Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa                                                                                                                              58

 

14      Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys                                                                                                   63

 

15      Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith                                                                                                         67

 

16      Audit, Risk and Improvement Committee                                                                        71

 

17      Organisational Financial Review - March 2022                                                               81

 

18      Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023                                                                              89

 

19      Outcome of 2021-2022 Loan Borrowing Program                                                           94

 

20      Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022            97

 

 

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    30 May 2022

 

 

 

12

Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910)   

 

Compiled by:               Rebecca Marshall, Program 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

Reduce Council’s reliance on rateable income, by delivering property projects to achieve financial returns or significant value to Council and the community

 

Previous Items:           Proposed Property Acquisition - Ordinary Meeting - 28 Mar 2022    

 

Executive Summary

This report outlines the successful acquisition of 5a Tindale Street Penrith and further recommends classification of the land as operational in accordance with section 31 Local Government Act 1993.

Background

At its Ordinary Meeting of 28 March 2022 in Committee of the Whole, Council considered a confidential property matter concerning the potential purchase of 5a Tindale Street Penrith known as Lot 14 DP 652910 (subject property- Attachment 1).

Council resolved to purchase the subject property and that a further report be presented to Council detailing the outcome of any negotiations to ensure transparency of the proposed property transaction.

Current Situation

A public auction was held on 5 April 2022 and Council successfully acquired the property for a price of $1,455,000 (excl GST). The purchase price was supported by independent market valuations. Settlement took place on the 17 May 2022.

The purchase of the property provides for greater flexibility in future planning of any urban infill project that may seek to transform Council’s current land holding that adjoins the property.

Property Management - Interim Use Existing Paid Carpark

The Site has most recently been used as a private carpark. As foreshadowed in the 28 March 2022 report, Council will now explore maintaining its use as a paid private carpark. Given the purpose of the acquisition, it was recommended the property be classified as operational in accordance with s31 of the Local Government Act 1993.

 

Financial Implications

This acquisition represents a strategic purchase for the future long term re-development of the precinct with the purchase funded from the Property Development Reserve, within the budget set by Council at its 28 March 2022 meeting. It is proposed to explore opportunities in the short term to maintain the current use of this site as a paid private carpark. The potential gross rental income is approximately $20,000 per annum (excl. GST), and it is anticipated that maintenance costs are unlikely to considerably erode the rental return.

Risk Implications

There are risks associated with any property acquisition which were previously reported to Council.

 

The successful purchase of the subject property provides an opportunity for Council to add value during the planning and redevelopment process of this precinct in the future while meeting its own financial objectives and transformational city shaping objectives.

Conclusion

The successful acquisition of 5a Tindale Street Penrith (Lot 14 DP 652910) provides an opportunity for Council for the future long term transformational city shaping development of the precinct.

 

RECOMMENDATION

That:

1.     The information contained in the report on Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be received

2.     The property known as 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be classified as operational in accordance with section 31 Local Government Act 1993.

 

 

ATTACHMENTS/APPENDICES

1.

5a Tindale Street Penrith

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  30 May 2022

Appendix 1 - 5a Tindale Street Penrith

 

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Ordinary Meeting                                                                                                    30 May 2022

 

 

 

13

Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa   

 

Compiled by:               Tara Braithwaite, Development Manager

Nathan Ritchie, Property Development Manager

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

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

 

Previous Items:           Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa - Ordinary Meeting - 21 Feb 2022      

 

Executive Summary

This report seeks Council’s determination to divest 1 Littlefields Rd Mulgoa to the adjoining landowner Jeremy and Danielle Spiteri.

 

On 30 June 2021, Council received an Unsolicited Proposal (USP) to purchase 1 Littlefields Road Mulgoa, being Lot 1 DP 852709, as identified in attachment 2.

 

The proponent Trevor Dunbar from HDC Planning submitted the proposal on behalf of Jeremy and Danielle Spiteri. The Spiteri’s own the adjoining property located at 262-288 Littlefields Road and have expressed interest to purchase the Council parcel to amalgamate with their existing three (3) hectare property.  The main objectives of the acquisition by the adjoining landowner, are to keep the site free of illegal dumping and to implement a fencing strategy to better maintain the site.

 

A Preliminary Assessment was undertaken for the proposal in accordance with Council’s Unsolicited Request to Purchase Council Land Policy (the Policy), and on 21 February 2022 Council resolved to support the recommendation to enter direct negotiations with the proponent for the divestment of the land.

 

A negotiated position has been reached with the proponent, with the matter presented for determination by Council.

Background

Council adopted the “Unsolicited Requests to Purchase Council Owned Land Policy” (the Policy) on 27 June 2016 (Attachment 1). The Policy establishes a fair, consistent and transparent approach for managing unsolicited requests to purchase Council owned land.

The policy’s key objectives are to:

•        Protect the community’s land assets and interests by ensuring a merit-based process for assessing unsolicited requests to purchase or obtain a long-term lease of Council owned land, and

•        Provide consistency and certainty for public and private sector participants as to how their unsolicited requests will be managed and assessed by Council.

There are three (3) possible outcomes from Council’s strategic evaluation of an unsolicited request. They are:

 

1.   Council may decline the unsolicited request (i.e. Council decides that it is not willing to sell or lease the land at that time or for the suggested purpose),

2.   Council may agree to the suggestion to sell or lease the land but only on the condition that it markets the land for sale or lease through a competitive process, or

3.   Council may agree to the unsolicited request based on conditions relating to the associated proposal (i.e. Council agrees to enter into direct negotiations with the proponent for the sale or lease of the land, for the purposes agreed to in the associated proposal).

 

In June 2021, Council received an Unsolicited Proposal (the proposal) by HDC Planning on behalf of their clients Mr and Mrs Spiteri, the adjoining landowners. The proposal falls under the unsolicited proposal category of an “adjacent property owner to purchase operational land” within the Policy. The purchase would facilitate consolidation with the adjoining land, allow for a fencing strategy to be implemented to protect the land from trespassing and illegal dumping and regulate the allotment configuration.

 

The subject parcel of land is an irregular shaped lot comprising an area of 1,483m² and is located on the corner of Littlefields Road and Farm Road, Mulgoa. The site was formerly public road reserve, which was closed in 1995, with the intention of divesting to the adjoining landowners at that time.  The divestment did not eventuate, and the parcel has been retained in Council’s ownership as an undeveloped vacant parcel. This subject site is classified as ‘operational land’ and is zoned C3 – Environmental Management.  The site is burdened by an electrical easement along the eastern boundary for overhead electrical mains which restricts the development potential of the site.

 

The proposal outlines benefits to Council such as removing the need for regular maintenance and longer-term benefits to the community by generating funds from the sale for alternative investment opportunities.

 

The proposal was assessed against the policy, with the resulting Preliminary Assessment (attached to the report presented to the Committee of the Whole at the 21 February 2022 Ordinary Meeting) recommending Council enter into direct negotiations with the proponent for the divestment of the land. This recommendation was supported and endorsed by Council at its Ordinary Meeting on 21 February 2022.

 

A negotiated position has since been reached with the proponent, with the matter now presented for determination by Council.

Financial Considerations

The original proposal included an offer of $26,500 for the purchase of the land based on the valuation prepared by the proponent’s valuer, Vanguard Valuations (10 June 2021). Council obtained an independent valuation prepared by Curtis Valuations (26 November 2021), recommending a market value for the site of $60,000. Both valuations were attached to the report presented to the Committee of the Whole at the 21 February 2022 Ordinary Meeting.

Both valuers adopted the direct comparison approach when preparing their valuations and applied a discount factor to the value based on the electrical easement and limited appeal to a standalone purchase. The main difference in the valuations came down to the adoption of the rate per square meter, with Vanguard adopting a significant lower rate.

To commence negotiations, Vanguard Valuations and Curtis Valuations exchanged valuations and held discussions regarding the difference in rates and assessment of the market value adopted for the subject property. A jointly formed market value of $40,000 for the site resulted from these negotiations (Attachment 3). The agreement reflects a professional compromise by each valuer after reconsideration of the available market evidence, with each maintaining their commercial position.

Following the outcome of the valuers’ conference, Council requested that the proponent review their offer and submit a revised offer for consideration.

The proponent initially returned an offer of $30,000 however after further discussions with Council Officers, the proponent submitted a final offer of $40,000 for Council’s consideration.

Whilst the final offer is below Council’s original independent market valuation of $60,000, it is in line with the negotiated value resulting from the joint valuers’ conference.

Given the location, size, irregular shape and burden of the easement, its considered unlikely a better commercial outcome would be achieved if Council was to offer the land for sale through the open market.

Other Considerations

On 7 April 2022, Council received a formal objection to the proposed divestment of 1 Littlefields Road Mulgoa from the Mulgoa Valley Landcare Group. The submission requests Council reconsider retaining the site to encourage biodiversity improvements on the land.  The reasons outlined for retention include:

 

1.   Protection of the existing small patch of mature tree canopy and allow for restoration/regrowth of understory to connect habitat and movement corridors for woodland birds through to the adjoining Gow Park.

2.   Protection of the current biodiversity values and prevent tree removal that may occur should the land be held in private ownership.

 

The concerns raised by the Mulgoa Valley Landcare Group have been considered and referred to Council’s Biodiversity Team for feedback.

 

Environmental Considerations

The submission from the Mulgoa Valley Landcare Group has been reviewed and the following is provided:

 

·    The site, along with other significant private land holdings, is contained within the Biodiversity Values Map as Cumberland Plain Woodland and having high biodiversity value.

·    Clearing of native vegetation in this area requires approval either through Council or the Native Vegetation Panel. Alternatively, a licence obtained under the NSW Biodiversity Conservation Act 2016 to clear or harm threatened ecological communities or threatened flora/ fauna species.

·         Ongoing maintenance and management of the site by the new owner in the same manner as the adjoining land will unlikely result in the regeneration of native species.

·    The site is not currently maintained by Council and no works had been identified by Council for the land.

 

The identification of the site as having high biodiversity values places the onus on the landowner of the site to manage the land to protect these values.  The owner is obliged to act in accordance with the legislation governing the approval process for removal or destruction of any of this habitat.

 

Financial Implications

This report seeks Council’s approval to divest 1 Littlefield Rd Mulgoa to the adjoining landowner after an Unsolicited Proposal (USP) was received with a negotiated final offer of $40,000 for the purchase of this land. The subject parcel of land is an irregular shaped lot and was formerly a public road reserve which was closed with the intention of divesting to adjoining owners. The USP outlines financial benefits to Council, including removing the need for regular maintenance, and also the longer-term benefits to the community by generating funds from the sale which can then be allocated to future investment opportunities.

Risk Implications

The risk implications for this matter have been considered and are deemed low. The Unsolicited Proposal has been assessed in line with Council’s Policy and the appropriate steps have been taken to gain the necessary approvals.

Conclusion

Following the resolution of the joint valuers’ conference and negotiations with the proponent, Council has received a final offer of $40,000 for the purchase of the land.

The offer is considered to provide Council with the best commercial outcome for divestment of the site in its current form. It is recommended that Council endorse the divestment of the land by entering a standard contract for sale with the proponent on a 6-week settlement term.

It is recommended the funds from the divestment of the land be reinvested in the Property Reserve for future investment opportunities.

 

RECOMMENDATION

That:

1.     The information contained in the report on Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa be received

2.     Council divests 1 Littlefields Road Mulgoa (Lot 1 DP852709) as per the terms outlined within this report.

3.     The funds generated from the divestment be allocated to the Property Development Reserve to fund future investment opportunities.

4.     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.

 

 

 

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.

LG011 Unsolicited Requests To Purchase Council Owned Land Policy

15 Pages

Attachments Included

2.

Nearmap Aerial Image

1 Page

Attachments Included

3.

Letter Advice from Curtis Valuations

1 Page

Attachments Included

  


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

14

Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys   

 

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:           Compulsory Acquisition by Sydney Metro - 36-38 Harris Street North St Marys - Ordinary Meeting - 22 Mar 2021

                                      Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys - Ordinary Meeting - 26 Jul 2021    

 

Executive Summary

As part of the Western Sydney City Deal, the Australian and NSW Governments are delivering the Sydney Metro – Western Sydney Airport project (Stage 1 of the North South Rail Link) from St Marys to the Western Sydney Aerotropolis via Western Sydney International (Nancy-Bird Walton) Airport.

To facilitate the proposed construction and operation of the new St Marys Metro Station, Sydney Metro required the acquisition of three (3) Council sites in St Marys being 11-13 Chesham St, 36-38 Harris St and 45 Station St. Sydney Metro advised Council on 15 September 2020 that they intended to compulsory acquire the sites and commenced the mandatory six (6) month negotiation period in accordance with Land Acquisition (Just Terms) Compensation Act 1991.

Council and Sydney Metro were able to reach agreement on fair market value and compensation for both the Chesham St and Harris St sites, however were unable to negotiate an outcome for the Station Street site.

Sydney Metro progressed to compulsory acquire 45 Station Street (Attachment 5 – site map) via publication of an acquisition notice in the Government Gazette on 1 October 2021. The matter was subsequently referred to the Valuer General to determine the compensation payable to Council as the dispossessed landowner. This report provides Council with an update on the finalisation of the compulsory acquisition by Sydney Metro and outcome of the determination of compensation by the Valuer General.

Background

On 15 September 2020, Sydney Metro advised Council that they intended to compulsory acquire three (3) Council owned sites being 11-13 Chesham St, 36-38 Harris St & 45 Station St St Marys to facilitate the proposed construction and operation of the St Marys Metro Station.  

Council reached a negotiated agreement with Sydney Metro on compensation payable on the Chesham Street and Harris Street sites for market value. Council resolution was received for these divestments, on the 22 March 2021 and 26 July 2021 respectively. 

Compensation values achieved were:

·    11-13 Chesham Street St Marys           $5,000,000 plus GST

·    36-38 Harris Street St Marys                 $2,520,000 plus GST

Council engaged in ongoing negotiations with Sydney Metro for the Station Street site however was unable to reach agreement on the fair market value. As part of the negotiations Council sought expert planning and valuation advice to inform the claim for compensation. In addition, planning and valuation reports provided by Sydney Metro were reviewed to provide context and assist in confirming Council’s compensation position. Every effort was made to reach a negotiated outcome with Sydney Metro in terms of compensation.

The main contention inhibiting agreement on compensation value for the Station Street site was the underlying land use planning principles adopted by Sydney Metro and subsequent achievable Gross Floor Area GFA utilised to inform the market valuation. The resulting differences in the planning approach adopted by each party were unable to be resolved, leaving the subsequent disparity in valuation figures too far apart for an agreement to be made without the involvement of the Valuer General.

On 1 October 2021, Sydney Metro published an acquisition notice in the NSW Government Gazette, resulting in the site being formally acquired by Sydney Metro under the Land Acquisition (Just Terms) Compensation Act 1991. The matter of determination of compensation was referred to the Valuer General for consideration.

Valuations and Determined Compensation

Sydney Metro provided an initial offer to Council of $5,325,000 in February 2021, in line with their valuation from Lunney Watt and Associates. Following receipt of Sydney Metros offer, Council obtained an initial valuation of $7,600,000 for the Station St site. Consequently, Council Officers begin negotiations with Sydney Metro in an attempt to bridge the gap in assessed value to reach a negotiated agreement on compensation.

A final offer of $7,600,000 was received by Sydney Metro in August 2021, however as the market conditions had shifted, the offer was not consistent with Council updated valuation of $8,300,000.

Following publication of the acquisition notice, Council submitted a Section 39 Claim for $8,300,000 in compensation to the Valuer General, as the dispossessed landowner plus $30,000 in disturbance to cover Council’s valuation/ planning and legal costs.

The Valuer General provided the Determination of Compensation to both parties on 31 March 2022, determining the market value at $8,450,000(excl GST) and $30,043.85 for disturbances, totalling $8,480,043.85.  The determination was $150,000 above Council’s claim put forward to the Valuer General and reflected the fast moving market conditions.

A summary of the valuation reports and offers are provided below:

Valuation/ Offer

Date

Valuation firm

On behalf of

Amount

Valuation

16 Feb 2021

Lunney Watt and Associates

Sydney Metro

$5,325,000

Offer

25 Feb 2021

 

Sydney Metro

$5,325,000

Valuation

26 Mar 2021

Colliers International

Penrith City Council

$7,600,000

Valuation

13 Aug 2021

Colliers International

Penrith City Council

$8,300,000

Offer

18 Aug 2021

 

Sydney Metro

$7,200,000

Offer

18 Aug 2021

 

Sydney Metro

$7,600,000

Valuer General Determination

31 Mar 2022

Preston Rowe Paterson

Valuer General

$8,450,000*

* Plus $30,043.85 for disturbances & statutory interest charges calculated at 2.68% from the date of acquisition.(approx. $168,000)

Current Situation

Sydney Metro have provided Council with a notice of compensation entitlement and offer of compensation in accordance with s.42 of the Land Acquisition (Just Terms) Compensation Act 1991 and the determination made by the Valuer General.

Council can accept the amount of compensation offered by Sydney Metro, as determined by the Valuer General or lodge an objection to the determination in the Land and Environment Court.

It is considered that the determination of compensation for the Station Street site represents fair market value for a commercially significant strategic Council asset and most notably recognises the development potential and value uplift occurring in the St Marys area. 

On this basis it is recommended that Council resolve to provide their acceptance of the offer of compensation from Sydney Metro.

Financial Implications

This report advises that the Valuer General has determined the compensation payable for the acquisition of 45 Station Street St Marys at $8,450,000 (excl GST) plus $30,043.85 disturbances and statutory interest charges and recommends that Council provide acceptance of the offer of compensation by Sydney Metro. The income budget within Property Development will be adjusted to reflect the total income of $8,480,043.85 plus statutory interest charges to be received from Sydney Metro as a result of the compulsory acquisition of Council land at 45 Station Street, St Marys for the proposed construction and operation of the new St Marys Metro Station. These funds will be placed in the Property Development Reserve to fund future investment in revenue generating acquisitions or development opportunities.

Risk Implications

The compulsory acquisition of the subject site was undertaken in accordance with the provisions of the Land Acquisition (Just Terms) Compensation Act 1991.

The risk implications for the matter contained within this report is considered low.

Conclusion

The Valuer General determined the compensation payable for the acquisition of 45 Station Street St Marys at $8,450,000 plus $30,043.85 disturbances. The determination is considered a fair representation of the market value for site.

It is recommended that Council provide their acceptance of the offer of compensation.

 

RECOMMENDATION

That:

1.     The information contained in the report on Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys be received

2.     Council provide its acceptance of the offer of compensation as determined by the Valuer General and referenced in the Sydney Metro Compensation Notice.

3.     The funds generated from the compensation for the compulsory acquisition of the site be allocated to the Property Development Reserve to fund future investment opportunities.

4.     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.

 

 

ATTACHMENTS/APPENDICES

1.

NSW Government Gazette Acquisition Notice

3 Pages

Attachments Included

2.

Valuer General Determination of Compensation Notice

1 Page

Attachments Included

3.

Sydney Metro Cover letter to Compensation Notice

2 Pages

Attachments Included

4.

Sydney Metro Compensation Notice

8 Pages

Attachments Included

5.

Map of Acquisition Area - 45 Station Street, St Marys

1 Page

Attachments Included

  


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

15

Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith   

 

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:           Commercial Matter - Lease and Sale of Land to Roads and Maritime Services for Stage 3 Upgrade Works to The Northern Road - Ordinary Meeting - 25 Jul 2016    

 

Executive Summary

This report requests Council approval for an electrical easement over Lot 12 DP 220581, being 151 Parker Street South Penrith. The easement acquisition is required by Transport for NSW (TfNSW) to facilitate the Northern Road Upgrade Project (2016) with the easement benefiting Endeavour Energy.

Background

Council Officers have been in negotiations with TfNSW since early 2016 in regards the acquisition of an electrical easement incorporating an electrical substation, over part of Lot 12 DP 220581, being 151 Parker Street South Penrith to facilitate the Northern Road Stage 3 upgrades. The initial easement area approved by Council in 2016 was 20m², with the easement benefiting Endeavour Energy.

Based on the requirements of the initial easement, Council and TfNSW agreed on an offer of $2,400 compensation which was supported ratified at the Ordinary Council Meeting on 25 July 2016.

The subject property is currently zoned RE1 - Public Recreation under the Penrith Local Environmental Plan 2010. The property comprises two slightly irregular shaped lots being Lot 11 and Lot 12, with a single combined frontage to Parker Street of approximately 31.3 metres and a total land area of 2,245 square metres. The land falls gently to the rear boundary and is vacant unimproved land.

In late 2020, TfNSW advised Council that modifications were required to the electrical easement to incorporate a fire protection zone around the perimeter of the substations. This required an increase in the acquisition area from 20m² to 60m².

Accordingly, TfNSW revised their original offer on a pro-rata basis to reflect the increased easement area. The revised offer received by TfNSW came in at $14,400 which consisted of $10,000 for compensation for the acquisition area and $4,400 for the disturbance fees to cover Legal and Conveyancing costs. An independent valuation was not provided to justify this offer and was not supplied on request.

The proposed easement is relatively small however the easement is considered to negatively impact the market value of the remaining land. The installation has caused access and visual complications for the current and future use for the property. On this basis the offer provided by TfNSW did not represent fair market value for the loss attributable from the imposition of the easement and the negative impact resulting on the value of the remaining land.

Council Officers continued to engage in ongoing negotiations with TfNSW in relation to the compensation payable under the Land Acquisition (Just Terms Compensation) Act 1991, for the subject site.

Compensation Considerations

The main contention inhibiting agreement on compensation value for the site was the determination of the underlying zoning for the land and valuation methodology, including comparable sales.

TfNSW initial revised offer of $10,000 received in September 2021, was based on an internal desktop valuation. The valuation was inclusive of the 60 square metres of land, adopting the current zoning of RE1 - Public Recreation and was assessed based on the direct comparison approach using comparable sales. An independent valuation was not provided upon request.

Whilst the property is zoned RE1- Public Recreation, compulsory acquisition principles produced by the Valuer General, advise that the reservation for a public purpose should be disregarded in considering compensation value and the underlying zoning applied should be consistent with that applying to the surrounding land. In this case Council adopted the underlying zone as R2 - Low Density Residential which is consistent with the zoning of adjoining properties.

Council engaged, Herron Todd White (HTW) to undertake an independent valuation to determine easement compensation. HTW adopted the before and after valuation methodology utilising the underlying zoning of R2 - Low Density Residential at a rate of $950 per square metre. This valuation produced a market value of $160,000, applying a 100% diminution in value for the land affected by the easement(60m²) and 5% diminution in value to the remaining unaffected land(2185m²).

Council provided TfNSW with a copy of the valuation prepared by HTW for consideration. TfNSW expressed concern at the valuation methodology adopted in the report, the resultant rate per square metre and the diminution values.

In an effort to reach a negotiated outcome, Council engaged Colliers International to obtain a second valuation and requested the valuation be prepared utilising the most appropriate valuation approach as supported by the relevant case law precedent.

Colliers recommended the adoption of a direct comparison approach on a rate per square metre of site area with applicable diminution applied based on relevant case law precedent.  Colliers applied 100% diminution for the land affected by the easement containing the substation (20m²) and 50% diminution for the land affected by the easement containing the fire protection buffer (40m²). Colliers also adopted the underlying zoning of R2 – Low Density Residential at a midpoint rate of $750 per square metre. Colliers determined the compensation value at $31,000 including loss of proprietory right, blot on title and injurious affection plus disturbance costs of $10,000 to cover valuation and legal fees.

 

Date

Offer/

Valuation

On behalf of

Valuer (if applicable)

Financials*

06/09/21

Desktop Valuation

TfNSW

TfNSW

$10,000

06/09/21

Offer

TfNSW

TfNSW

$10,000

15/09/21

Valuation

Penrith Council

Herron Todd White

$160,000(disturbance not calculated)

16/12/21

Valuation

Penrith Council

Colliers

$41,000(including disturbance)

18/03/22

Offer

TfNSW

TfNSW

$41,000(including disturbance)

* All amounts exclusive of GST

After reviewing both valuations, the HTW report methodology does not account for the varied diminution value that should be applied due to the nature of the easement; has adopted an inflated rate per square metre by excluding those sales in the lower range and has incorrectly included both lots in the area and value calculations.

The Colliers valuation represents a fair assessment of the market value of the easement area considering all aspects of the easement requirements; has adopted a midpoint rate per square metre based on a range of comparable sales and has utilised the direct comparison approach which is supported by relevant case law precedent for assessing compensation for the taking of easements.

Current Situation

Council recommenced negotiations with TfNSW based on the Colliers report. On 18 March 2022, TfNSW provided Council with a revised offer of $31,000 plus $10,000 disturbance in line with Colliers Valuation. TfNSW have requested for Council to enter an appropriate deed and execute relevant documentation for the creation of the easement in line with their letter of offer. The proposed easement is to benefit Endeavour Energy for the protection of a Substation and associated fire protection buffer.

Financial Implications

This report recommends that Council accept TfNSW’s revised offer of $31,000 plus $10,000 disturbance as compensation for the acquisition of an electrical easement over part of Lot 12 DP220581 being 151 Parker Street South Penrith, as it is consistent with Council’s independent valuation. These funds will be placed in the Property Development Reserve to fund future investment in revenue generating acquisitions or development opportunities.

Risk Implications

The compulsory acquisition of the subject easement has been undertaken in accordance with the provisions of the Land Acquisition (Just Terms) Compensation Act 1991 and the compensation payable was independently determined by a Certified Practicing Valuer. On this basis the risk implications for the matter contained within this report is considered low.

Conclusion

TfNSW’s revised offer for compensation for the acquisition of an electrical easement over Lot 12 DP 220581 being 151 Parker Street South Penrith is consistent with Council’s independent valuation provided by Colliers International. The compensation determined by the valuer and supported by TfNSW, has taken into consideration the loss of proprietary rights, blot on title and the loss of value to any residue lands caused by the operation of an easement. The adoption the R2 – Low Density Residential zone as the underlying zone for the determination of compensation, ensures assessment of the highest and best use of the property and is consistent with the compulsory acquisition principles adopted by the Valuer General.

The compensation determined by Colliers is considered fair and an accurate reflection of the market value supported by relevant comparable sales evidence. It is recommended that Council accept the revised offer and agree to acquisition of the subject easement via agreement with TfNSW as per the terms detailed within this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith be received

2.     Council accept the offer from TfNSW as supported by the valuation report by Colliers International for the acquisition of the electrical easement over Lot 12 DP220581.

3.     Council enter into an appropriate deed with TfNSW and execute relevant documents required for the creation of the easement.

4.     The funds generated from the compensation for the compulsory acquisition of the easement be allocated to the Property Development Reserve to fund future investment opportunities.

5.     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.

 

 

ATTACHMENTS/APPENDICES

1.

Easement Plan DRAFT

1 Page

Attachments Included

2.

Market Valuation Colliers FINAL

37 Pages

Attachments Included

3.

Revised Offer TfNSW

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

16

Audit, Risk and Improvement Committee   

 

Compiled by:               Stuart Benzie, Risk, Compliance and Policy Officer

Authorised by:            Matthew Bullivant, Legal Services Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

The report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 15 March 2022. The draft Minutes of the Audit, Risk and Improvement Committee meeting 15 March 2022 are attached to the report.

Background

Councils are required by the Local Government Act 1993 to appoint an Audit, Risk and Improvement Committee (the ARIC). The ARIC must keep under review, the following aspects of Council’s operations:

 

a)   compliance

b)   risk management

c)   fraud control

d)   financial management

e)   governance

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

g)   service reviews

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

i)    any other matters prescribed by the regulations.

 

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

 

The ARIC is an independent advisory Committee that assists the Council to fulfil its oversight responsibilities. It meets at least four times a year and operates under a Charter, last adopted by Council resolution on 22 May 2017. Minutes are reported to the Council on a quarterly basis.

Current Situation

The ARIC met on 15 March 2022. This was the first meeting of the ARIC for the calendar year.

The draft Minutes of the prior meeting, as provided to Council on 22 November 2021, were adopted without alteration. A copy of the draft Minutes for the meeting of 15 March 2022 are attached to the report.

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

 

1.       Noted an assessment of Council’s readiness and challenges for the preparation of its Financial Statements for the 2021-22 Financial Year and addressing the key audit issues and risks outlined in the Audit Office’s Annual Engagement Plan.  Discussed the possible impact that the recent floods in Penrith LGA may have had on Council assets, particularly roads and bridges, and the potential for this to affect the fair value of those assets in Council’s accounts. Noted the Revised Budget net operating deficit before capital and decline in Operating Performance Ratio negative result which is below LG benchmark mainly due to increasing depreciation expense. ARIC will consider Council’s long-term financial plan at the June meeting.

 

2.       Noted Council’s Organisational Report – December 2021. Council has delivered against a significant number of its reportable projects and actions, with 94% and 97% respectively either completed or on track for completion. A significant number of programs and services achievements were also highlighted. Noted the information provided on budget variances, Covid related impacts and cash based budgetary surplus.

 

3.       Noted the newly developed Project Management Framework and implementation roll out plans. The Framework is designed to embed a formal and structured approach to project management, and which can be tailored to suit the size and complexity of the different projects Council undertakes.

 

4.       Considered the Internal Audit report on Financial Reporting and Budgetary Control, which gave an overall rating of “Effective” and identified 9 findings (5 rated as “low” and 4 rated as “medium” priorities). Noted an update on the Road and Footpath Renewal and Maintenance Audit issued in March 2021. Of the 29 recommendations only 4 remain outstanding and are on-track to be completed by due date.  Closure rates of all outstanding internal audit recommendations remain high, with 87% of the recommendations from the 2017-2021 Audit plan, and 63% of those from the 2021-2025 Audit Plan being implemented. Noted the results of Internal Audit’s Quality Assurance and Improvement Program which is designed to identify compliance with international standards for internal audit practice.  The results indicate overall general conformance with the standards.

 

5.       As part of the ARIC’s governance and risk oversight, the ARIC received a report of the Work, Health and Safety activities and half year performance of Council, noting that significant attention was paid by management to ensure the safety and well-being of staff and the community and compliance with Public Health Orders during the Covid-19 pandemic.  The ARIC also endorsed revisions to Council’s Borrowing Policy and Internal Audit Charter.

 

Financial Implications

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

Risk Implications

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

Conclusion

The draft Minutes of the Audit, Risk and Improvement Committee meeting 15 March 2022 are attached to the report.

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

1.

Draft ARIC Minutes - 15 March 2022

7 Pages

Appendix

  


Ordinary Meeting                                                                                                                  30 May 2022

Appendix 1 - Draft ARIC Minutes - 15 March 2022

 

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Ordinary Meeting                                                                                                    30 May 2022

 

 

 

17

Organisational Financial Review - March 2022   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its five-year Delivery Program 2017-22 and annual Operational Plan 2021-22, and focuses on the period of 1 January to 31 March 2022. The report should be read in conjunction with the Organisational Report – March 2022, which records significant Variations, Reserve Movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program, and our progress in completing the organisation’s Operating and Capital projects for 2021-22.

 

Council projected a balanced Budget in the adoption of the original 2021-22 Operational Plan. The March 2022 Quarterly Review has resulted in a net positive result of $126,279 for the quarter, with a revised projected net surplus of $544,744 for 2021-22. While a surplus is currently predicted for 2021-22, it is considered prudent given the ongoing impact of COVID to maintain this current year surplus from operations to provide the ability to minimise any future impacts in the final half of the financial year.

 

The result for the quarter comprises mainly positive variations to the adopted Budget, with the most notable budget adjustments for the March Quarter being additional Rates income ($423,018), Development Services Income ($100,000), and year to date Salary savings ($1,619,763). These positive budget variations in the March Review have been offset in part by the continuing impact of COVID on General Revenue ($357,500) in the third quarter of 2021-22, with details of impacted areas provided in this report.

 

Further details on proposed major variations are provided in this report, with more detail also included in the Organisational Report – March 2022.

 

This report recommends that the Organisational Report – March 2022 be received and that the revised Budget estimates identified in the report and detailed in the Organisational Report – March 2022 be adopted.  

Financial Position for the March 2022 Quarter

The financial position of Council for the Quarter is expressed by providing information in compliance with the Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus/deficit)

·    Significant Variations

·    Identified Revotes

·    Funding summary

·    Reserve movements for the Quarter

·    Capital and Operating Budget Projects list for the quarter

·    Key Performance Indicators

·    Income and Expenses

·    Capital Budget

·    Cash and Investments

·    Contracts and Other Expenses

·    Consultancy and Legal expenses

 

Budget Position

 

$’000s

Original Budget Position

0

September 2021 Quarter Variations Adopted by Council

211

December 2021 Quarter Variations Adopted by Council

208

March 2022 Quarter Variations Adopted by Council

0

March 2022 Quarter Review Proposed Variations

126

Revised Budget Position Surplus/(Deficit) projected

to June 2022

545

 

The predicted cumulative result for the year as at March 2022 is a surplus of $544,744 after the recommended variations and allocations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the Organisational Report – March 2022.

 

Non-COVID Budget Variations

Ripples Revenue - $490,512 U (14%)

The 3rd quarter of 2021-22 was very challenging for Aquatic and Leisure centres. Revenue in this quarter was severely impacted by the extreme weather conditions throughout the summer. The recently planned campaigns have been impacted, delayed, or cancelled due to the extreme weather encountered and as a result the projected membership numbers were not achieved. The poor weather has also seen a significant impact on casual visitations, which in turn has had a similar effect on forecasted secondary spend revenue.

 

Ripples Salary Savings - $332,379 F (6%)

Salary savings were identified from various vacant positions within Ripples. Delays in recruitment due to a shortage of skilled staff meant that savings were made due to delays in onboarding. 

 

Ripples Operational Expenditure – $129,510 F (7%)

Savings were identified as a result of closures due to floods and lower visitations from the adverse weather conditions. Significant savings were made in electricity, first aid equipment and other expenses due to venues being closed and lower visitations resulting in lower usage. Savings in items for resale were due to limited purchases as the sales were significantly low due to venue closures and lower visitations. The delay of an audit for industry best practice/processes by Royal Life Saving until September due to the recent flooding event has resulted in further savings. Savings were also advised in pest control costs, water tests and external plant hire as the services were scaled back due to low visitations and venue closures. 

 

Net Rates Income – $423,018F (0.2%)

Rates income is forecast to be $390,000 (F) higher than prior forecasts due to continuing changes in values and land use around the airport. Rates related interest income will also be $70,000 (F) higher due to higher arrears in the first half of the financial year than predicted. Due to the re-emergence of COVID and then recent floods, legal action will not recommence in the current financial year so legal income will be $50,000 (U) less than forecast. This reduction of legal income will be partly offset by around $13,000 lower legal expenditure than forecast.

 

Net Salary Savings - $1,619,763 F (1.3%)

During the 3rd quarter of 2021-22 salary savings have also been realised primarily due to vacancies across a number of departments. In addition, a review of the City Presentation area has identified year to date salary savings of $829,413 due to the impact of staff turnover and vacancies during the period July 2021 to March 2022. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified organisational salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $1,619,763.

 

It is proposed that as part of the March Quarterly Review that salary savings of

$1,619,763 are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for resignations and retirements. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve. 

 

Net Development Approval Income - $100,000 F (2.88%)

Increased income of $250,000 in the Major Development Application area is as a result of a combination of more conservative projections in early 2021 during COVID which didn’t anticipate the increased investment in major proposals in the first half of this financial year in the COVID “economic recovery” phase. There has been a minor reduction in development application lodgement volumes over the last quarter which allows for greater opportunity to finalise major and complex development applications for determination. The resulting projected determinations before the end of the financial year will mean that the resulting income will be realised this financial year. This increase has been offset by an increase to the Department of Planning Reform expenditure $150,000 for fees collected as part of the DA fee to provide a net increase in income of $100,000.

 

Applications to Amend LEP and DCP – $70,033 U (60%)

Council is receiving and will continue to receive, multiple applications for rezoning and other amendments to the LEP. Fees are paid when the application is lodged, and these funds are then held as deferred income until assessment of the application is completed at which time the funds are recognised as income. This adjustment represents a reduction of income in 2021-22 which will be recognised in future years on completion of the assessment of applications currently in progress.

 

Commercial Waste Income - $52,000 U (41%)

The decrease in the annual commercial waste income budget is attributed to the redirection of resources to flood waste management and the actions taken to identify illegal dumping in street litter bins. The flood waste management activity has revealed potential customers within the rural area with inadequate waste management service who have expressed interest in transitioning to Council’s service. Further illegal street litter bin dumping outcomes will require compliance action.

 

Animal Services Income - $25,537 F (11.59%)

The increase in Companion Animal Registration commission and fees from surrendered animals has been attributed to higher levels of pet ownership and disposal during pandemic restrictions. As further restrictions are eased or removed, a return to normal levels is anticipated.

 

Regulatory Control in Public Areas Income - $25,000 F (25%)

The increased income from regulatory action has been attributed to the completion of deferred or suspended investigations during pandemic restrictions. As further restrictions are eased or removed, a return to normal levels is anticipated. 

 

Food Shop Inspections - $24,028 F (18.2%)

Increased income resulting from easing of COVID restrictions and Council staff being able to complete inspections sooner than anticipated.

 

Eileen Cammack Building Refurbishment - $27,200 U (4%)

Additional funding is required due to site flood level issue identified while building the canteen which was outside of the original project scope. In consultation with Council’s Asset Management team and the on-site contractor, a decision was made to ensure the risk was addressed. This included the construction of a new wall in the changeroom, installation of villaboard, replacement of all tiles and installation of new benches within the canteen. 

 

The majority of roofing structure and external brickwork is now complete. Due to COVID restrictions and recent prolonged rainfall, project works have been impacted. The contractor has provided an updated program to Council and the project is now expected to be complete late-May 2022.

 

COVID Related Budget Variations

Ripples Revenue – $487,483 U (13%)

2021-22 has been one of the most challenging for the Aquatic and Leisure industry with significant flow on effect from forced closures due to COVID at the start of the year. This affected membership numbers and visitations with both acquisition and retention failing to meet historical numbers. The industry continues to be challenged by inconsistent attendance in venues due to ongoing hesitation around COVID in the community. In addition, the ongoing impact to staff levels being identified as close COVID contacts has forced employees into isolation resulting in key acquisition campaigns being delayed or cancelled. 

 

Ripples Operational Expenditure - $174,983 F (10%)

Savings were identified due to reduction in users of the venues as a flow on impact from forced closures due to COVID at the start of the year. Significant savings were made in electricity, and first aid equipment due to lower visitations. Savings in staff training and development expenses and staff conference fees were due to cancelled training and development days and conferences in January and February 2022 that could not be run due to COVID and these sessions will not be available until next year. Other consultancy services savings were due to services being operated by internal staff as part of redeployment opportunities. Savings were also identified in COVID related operational expenses, as the actual expenses were lower than the early estimations provided by contractors. 

 

 

 

Library Services Income - $45,000 U (25%)

COVID and associated government social distancing requirements have seen the library experience lower patronage and use of its services. This has resulted in a decline in Library Fee Income.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – March 2022.

 

In addition to these adjustments, a total of $31.3m of planned Capital and Operating projects are proposed for revote this quarter. The total value of revotes for the year to date is $32.1m (including the proposed March Quarter revotes) compared to $13.4m for the same period in 2020-21. A full list of Revotes is included in the attachment Organisational Report – March 2022.

Summary of COVID-19 Impact

Prior years

As previously reported in 2019-20 and 2020-21, in order to track the actual impact of COVID on Council’s operations and revenue a separate COVID Impact Reserve was created initially resulting in a deficit balance for the Reserve as we are notionally funding from this Reserve. It has effectively resulted in a loan against our Internal Reserves. At the conclusion of each reporting period a review of Actual vs Budgeted impact was undertaken with any variance adjusted against the original source of funding for this Reserve and any surplus directed towards the repayment of this Internal Reserve.

 

The table below details the financial impact of COVID for the fifteen months from April 2020 to June 2021. As reported to Council in the June 2021 Quarterly Review the final impact on Council’s available funds for this period was $4.4m.

 

This Reserve was closed off from 1 July 2021 with a closing balance of $4.4m, as we now move into the recovery stage of the pandemic with the focus on repaying this Reserve. The 2021-22 Original Budget includes the first of four annual repayments of $500,000 to this COVID Impact Reserve as we work towards repaying this Reserve by 30 June 2025. The current projected closing balance of this Reserve as at 30 June 2022 is $3.9m.

Current Financial Year

As mentioned in the commentary above, the 3rd quarter 2021-22 has seen continued impacts of COVID on Council’s operations. These impacts have been incorporated into the projected June 2022 Revised Budget surplus of $544,744 as part of this March 2022 Quarterly Review.

 

The table below summarises the impact of COVID on Council’s operations in 2021-22 as at March 2022 and highlights a current impact on General Revenue of $2.8m. This impact has been addressed as part of each quarterly review and is included in the forecast 2021-22 budget result.

 

 

 

2021-22

2021-22

2021-22

TOTAL

 

COVID-19 IMPACT 2021-22

Sep-21

Dec-21

Mar-22

2021-22

Budget

Budget

Budget

Budget

($’000)

($’000)

($’000)

($’000)

 

 

 

As at September 2021 Review

As at December 2021 Review

As at March 2022 Review

Total YTD impact for   2021-22

Impact on General Revenue

 

 

 

 

 

Revenue (reduction)

$1,494

$1,349

$533

$3,376

 

Expenditure (savings)

-$171

-$384

-$175

-$730

 

 

Expenditure (additional)

$175

$28

 

$203

 

 

Less: CivicRisk – COVID-19 Assistance to Councils

 

-$63

 

-$63

 

 

$1,498

$930

$358

$2,786

Not Impacting on General Revenue

 

 

 

 

 

Revenue (reduction)

$150

$492

$200

$842

 

 

Expenditure (additional)

$207

$119

-$68

$258

 

 

New COVID-19 related projects (funded from OLG COVID-19 Pandemic Support)

 

$250

 

$250

 

 

 

$357

$861

$132

$1,350

 

 

 

 

 

 

 

TOTAL COVID-19 IMPACT FOR 2021-22

$1,855

$1,791

$490

$4,136

 

Financial Implications

Adopting the recommendations within this report will result in Council’s 2021-22 Budget being revised to reflect a predicted surplus of $544,744. Further details of the financial implications are contained within the attached Organisational Report – March 2022.

Risk Implications

Clause 203 of the Local Government Regulation requires that the Budget Review Statements and a revision of estimates must be reported to the Council within two months after the end of each quarter (except the June quarter). This quarterly review incorporates a comprehensive analysis of Budgets vs Actual across all areas of the organisation, and also proposes variations to annual budget to be approved by the Council.

 

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long-term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability. The March 2022 Quarterly Review updates Council’s forward budget projections with the best available information. However, further favourable and unfavourable variations may occur throughout the remainder of the financial year and such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – March 2022 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2022.

 

The impact of the global health crisis on Council’s financial position continues to be assessed, and it is anticipated that further adjustments to Council’s budget may be required prior to 30 June 2022. While a surplus is currently predicted for 2021-22, it is considered prudent given the ongoing impact of COVID-19 to maintain this current year surplus from operations to provide the ability to minimise any future impacts in the final quarter of the financial year. Any changes that are required over the coming months will be highlighted to Councillors through regular reporting and included in the June Quarterly Review report to the Council.

 

Once adopted the Organisational Report – March 2022 will be placed on Council’s website.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Financial Review - March 2022 be received

2.     The Organisational Financial Review - March 2022 as at 31 March 2022, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2022, be adopted.

3.     Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2022 for inclusion in the 2022-23 Operational Plan.

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Report March 2022

49 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

18

Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023   

 

Compiled by:               Avanthi Fernando, Governance Officer

Authorised by:            Adam Beggs, Acting Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW. Section 239 of the Local Government Act 1993 (the Act) requires the Tribunal to determine the categories of Councils and Mayoral Offices once every three years.

Section 241 of the Act provides for the Tribunal to determine not later than 1 May in each year, the maximum and minimum amount of fees to be paid to Mayors and Councillors of councils to take effect from 1 July 2022.

 

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

 

This year, as part of the review, the Tribunal considered requests submitted by several councils to review categorisation of those individual councils. However, the Tribunal has determined that the current categories and allocations of councils to these categories remained appropriate. The Tribunal has noted that an extensive review of the current category model will be conducted in 2023. The Tribunal’s view was that the 2023 determination and review of categories will see more requests from councils for recategorisation and possible determination of new categories.

 

Taking into consideration the Government’s policies on wages, the Tribunal has determined that the minimum and maximum fees applicable to each category will be increased by two per cent (2%) for 2022-23, which is 0.5% less than the maximum allowable increase.

 

Following an amendment to the Act in 2021, Councils now have the discretion to allow superannuation payments to mayors and councillors in addition to their annual fees commencing 1 July 2022. This is something Penrith City Council has advocated for, for some time through annual submissions to the Local Government Remuneration Tribunal.

 

Background

The Tribunal is constituted in accordance with the Act. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each category.

The Tribunal is required to make an annual determination by no later than 1 May each year which takes effect from 1 July in that year. Section 239 of the Act also requires the Tribunal to determine categories of Councils and Mayoral offices at least once every 3 years.

In 2009 the Tribunal undertook a review of categories and allocation of Councils into each of the categories. While the Tribunal found that there was no strong case to significantly alter the existing categories of Mayoral offices and Councillor, the Tribunal decided to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” which indicates “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”.

In 2017 the Tribunal determined to re-title the three Metropolitan categories and as a result, Penrith City Council was given the title of ‘Metropolitan Large’. Metropolitan Large Councils ‘typically have a minimum population of 200,000’. Council has maintained this category since 2017.

On 22 June 2011, the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (like the remuneration for members of Parliament, public sector executives etc).

Current 2022 Review

In October 2022, the Tribunal wrote to the Mayor and General Manager advising that the 2022 annual determination review process has commenced and invited Councils to make submissions with respect to categorisation structure, fees, and other matters.

Local Government Remuneration Tribunal Determination for 2022-2023

On 20 April 2022, the Tribunal released its report and determination on the fees to be paid to Mayors and Councillors for the period 1 July 2022 to 30 June 2023. A full copy of the Tribunal’s annual report is attached to this report.

After considering various matters (further outlined in the attached Local Government Remuneration Tribunal Annual report 2022), the Tribunal has determined a two per cent (2%) increase in the minimum and maximum fees applicable to each category is appropriate.

Regarding changes to the categories and criteria for Metropolitan Councils, the Tribunal has determined that the current categories are appropriate.

Council’s Submission

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

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

Taking into consideration the Government’s policies on wages and various other matters, the Tribunal has determined that the minimum and maximum fees applicable to each category will be increased by two per cent (2%) for 2022-23, which is 0.5% less than the maximum allowable increase.

Penrith City Council has also been proactively advocating for superannuation provisions for Councillors through previous submissions to the Tribunal. As a result of LGNSW and councils advocating for these changes, NSW Parliament last year passed legislation to introduce superannuation payments for Mayors and Councillors, which will come into effect from 1 July 2022 for those councillors that resolve to do so.

Mayor and Councillor Fees for 2022-2023

The Council’s policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”.

In respect of the Deputy Mayor, the Council’s policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

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

The Tribunal has determined the following range of fees for the Category of “Metropolitan Large” Councils (Bayside, Blacktown, Canterbury-Bankstown, Cumberland, Fairfield, Inner West, Liverpool, Northern Beaches, Penrith, Ryde, Sutherland and The Hills):

Councillor Annual Fee – Minimum $19,180 & Maximum $31,640

Mayor Additional Fee – Minimum $40,740* & Maximum $92,180*

*This fee must be paid in addition to the Mayor as a Councillor (s249(2)).

Councillor Superannuation

Penrith City Council has been proactively advocating for superannuation provisions for Councillors for some time through previous submissions to the Tribunal.

As part of a Councillor Superannuation Discussion Paper the Office of Local Government (OLG) sought opinions of Councils and the community on whether Councillors should be paid superannuation guarantee, outlining 4 options. After considering all four options and other possible opportunities, Penrith City Council made a submission in favour of the third option i.e. amending the Local Government Act mandating the Councils to make superannuation guarantee payments into complying superannuation funds nominated by Mayor and Councillors. Also, this payment will be in addition to the Mayor’s and Councillors’ fees. Council also held the view that the local councils need elected members from all walks of life, so the diversity of expertise can address the ever-changing needs of the community. To encourage this, Councils would need to provide remuneration that is adequate to compensate for the time councillors spend serving their community and, importantly, away from paid employment.

As a result of LGNSW and councils advocating for these changes, NSW Parliament passed legislation in 2021 to introduce superannuation payments for Mayors and Councillors, which will come into effect from 1 July 2022. Councils now have the discretion to allow superannuation payments to mayors and councillors in addition to their annual fees commencing 1 July 2022.

The following guidelines are to be adhered by the Council and/or Councillors to make superannuation payments available to the Mayor and Councillors:

·    Council must first resolve at an open meeting to make superannuation contribution payments for the Councillors

·    The superannuation guarantee rate will be at 10.5% on 1 July 2022 which will increase by half a percent each year until 1 July 2025 when it reaches 12%

·    The superannuation contribution payment is to be paid at the same intervals as the councillor fee is paid to councillors

·    Councillors are required to nominate a superannuation account

·    Written requests can be made if a Councillor opts out of receiving superannuation contribution payments or opts to receive reduced payments

·    Superannuation contributions will not be made to Councillors during any period in which they are suspended from their civic office or their right to be paid any fee or other remuneration, or expense, is suspended under the Act.

·    Councillors are not entitled to receive a superannuation contribution payment during any period in which they are not entitled to receive their fee under section 254A of the Act because they are absent.

Financial Implications

It has been the Council’s practice to remunerate Councillors at the maximum fee level available within the Category applicable. The Draft 2022-23 Operational Plan currently on exhibition includes provision for Councillor fees based on this practice continuing at 2.5%, this will be reduced to reflect the Tribunals determination of 2.0% as outlined in this report.

In addition, legislation passed allows for superannuation payments with a guarantee rate set at 10.5% on 1 July 2022 which will increase by half a percent each year until 1 July 2025 when it reaches 12%. The Draft 2022-23 Operational Plan currently on exhibition also includes provision for Councillor Superannuation at the guaranteed rate. Should Council resolve tonight to adopt the maximum fee level and superannuation payments this would represent a 12.5% increase.

Risk Implications

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

 

Conclusion

Considering the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2022-23 be set at the maximum level determined by the Tribunal.

It is also recommended that Council commence making superannuation payments to the Mayor and Councillors commencing 1 July 2022.

 

RECOMMENDATION

That:

1.     The information contained in the report on Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023 be received

2.     The fees payable to the Mayor and Councillors for 2022-23 be set at the maximum level permitted.

3.     Superannuation payments be made to the Mayor and Councillors commencing 1 July 2022, in line with the superannuation guarantee levy.

 

 

ATTACHMENTS/APPENDICES

1.

Local Government Remuneration Tribunal - Annual Report and Determination 2022

17 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

19

Outcome of 2021-2022 Loan Borrowing Program   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

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

The Council at its Ordinary Meeting held 22 November 2021 gave approval to commence the 2021-2022 Borrowing Program for $24m. The program comprised of $20m towards the Soper Place Multi Deck Carpark and $4m for City Park.

 

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

 

This report provides a summary of the evaluation process and quotations received. The report informs the Council that NSW Treasury Corporation (TCorp) was the successful lender for the $4m City Park Loan and Commonwealth Bank of Australia (CBA) for the $20m Soper Place Multi Deck Carpark.

Background

As part of Council’s investment in Infrastructure, Council proposed to borrow $24m of new borrowings made up of $20m for Soper Place Multi Deck Carpark and $4m for City Park which has been included in Council’s 2021-2022 Original Budget and Long-Term Financial Plan. Approval was sought from the Council to borrow a total of $24 million in 2021-2022 for either a 5,10 or 20 year fixed rate term (dependent on quoted rates and conditions) to take advantage of record low interest rates.

 

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

Lenders Response and Selection

Responses were received from CBA, NAB, WBC & TCorp. Details of unsuccessful bids have not been disclosed in this report. TCorp quoted only for the City Park loan as they will not provide funding to councils for multi deck carparks, as they deem these may be in competition with private commercial carparks.

 

The CBA provided the lowest fixed rate at 3.19% payable semi-annually for the full 20 year term of the $20m loan and was therefore selected for the Council’s 2021-2022 Soper Place Multi Deck Carpark loan requirement. This loan was drawn down on 24 January 2022. 

 

 

TCorp’s 10 year fixed rate of 2.25%, repayable quarterly was selected for the $4m City Park loan. TCorp loan rates are not fixed until the drawdown date and was subject to a lengthier application approval process following the initial quotes. Between the time of quotation and drawdown, interest rates had increased with the final rate being 3.78% at the time of drawn down on the 29 April 2022, representing an increase of 1.53% in a 3 month period, an increase of $0.337m in interest over the term of the loan. Council will look at ways to reduce the time taken for the loan application process with TCorp in future applications, and also consider the possible risk of interest rate increases during the application process with TCorp compared to a financial institution that will lock in a rate on the day of quotation, as part of future assessments.

 

The outcome received for the 20 year loan fixed at the actual rate of 3.19% with the CBA was favourable, compared to if it had been drawn down 3 months later at approximately 1.5% higher, where Council would have incurred an additional $3.9m in interest expense over the term of the loan.

 

Financial Implications

Council has locked in fixed interest rates for the full terms of the 10 year and 20 year loans. Estimated future borrowings are expected to be at higher rates than the 2021-2022 Borrowing Program and the Long Term Financial Plan and forecasting has been adjusted accordingly.

Risk Implications

The Council’s loans have been placed in accordance with Section 621 of the Local Government Act 1993, relevant regulations and the most recent adopted Borrowing Policy. The intent of this recommendation is to support the second objective of the policy, being ‘Minimise the cost of Borrowings’. Council has locked in fixed interest rates for the full terms of the 10 year and 20 year loans at the current low rates, which has minimised Council’s exposure to Interest Rate.

Conclusion

The 2021-2022 Borrowing Program has now been completed in line with the Council resolution of the 22 November 2021 Ordinary Meeting. New loan funds have been drawn down and future budgets adjusted. 

 

NSW Treasury Corporation (TCorp) was the successful lender for the $4m new loan borrowing and the Commonwealth Bank of Australia (CBA) was selected for the $20m new loan borrowing.

 

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

 

RECOMMENDATION

That:

1.     The information contained in the report on Outcome of 2021-2022 Loan Borrowing Program be received.

2.     Council be advised that NSW TCorp was the successful lender for $4m and CBA was the successful lender for $20m that comprised the Council’s 2021-2022 Borrowing Program.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    30 May 2022

 

 

 

20

Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Andrew Moore, Director - Corporate Services

Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for April 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 April 2022 to 30 April 2022 and a reconciliation of invested funds as at 30 April 2022.

 

The investment returns versus the benchmark as a percentage for April 2022 are:

•        Council portfolio current yield (including FRNs)                                     0.66%

•        90-day Bank Bill Swap rate (Benchmark)                                                         0.39%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            0.59%

•        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 April 2022, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for April 2022 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia recently increased the cash rate to 0.35% - 25 basis points over the 0.10% of the former cash rate. This is attributed to the higher inflation rate result for the first quarter of this year (2022); and there have been signs of growth in wages. Consequently, Bank Bill Swap Rates (BBSW) have shown continued improvements in April 2022, resulting in higher term deposit rates being offered in the market. Inherent to the increase in term deposit rates being offered for reinvestments, the Original Budget estimated return of 0.45%, for 2021/22 Financial Year, has been favourably surpassed.

 

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 April 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 30 April 2022.

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Andrew Moore

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2022 to 30 April 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 30 April 2022 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 April 2022

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  30 May 2022

Appendix 1 - Investment Report as at 30 April 2022

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 30 2022

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Regatta Park Update - Compulsory Acquisition                                                                2

 

 

 


Ordinary Meeting                                                                                                    30 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 4

 

2        Regatta Park Update - Compulsory Acquisition 

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

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 May 2022

Report Title:            Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa

Attachments:           LG011 Unsolicited Requests To Purchase Council Owned Land Policy

                                Nearmap Aerial Image

                                Letter Advice from Curtis Valuations



Ordinary Meeting                                                                                                                  30 May 2022

Attachment 1 - LG011 Unsolicited Requests To Purchase Council Owned Land Policy

 

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Attachment 2 - Nearmap Aerial Image

 

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Attachment 3 - Letter Advice from Curtis Valuations

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 May 2022

Report Title:            Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys

Attachments:           NSW Government Gazette Acquisition Notice

                                Valuer General Determination of Compensation Notice

                                Sydney Metro Cover letter to Compensation Notice

                                Sydney Metro Compensation Notice

                                Map of Acquisition Area - 45 Station Street, St Marys



Ordinary Meeting                                                                                                                  30 May 2022

Attachment 1 - NSW Government Gazette Acquisition Notice

 

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Attachment 2 - Valuer General Determination of Compensation Notice

 

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Attachment 3 - Sydney Metro Cover letter to Compensation Notice

 

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Attachment 4 - Sydney Metro Compensation Notice

 

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Attachment 5 - Map of Acquisition Area - 45 Station Street, St Marys

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 May 2022

Report Title:            Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith

Attachments:           Easement Plan DRAFT

                                Market Valuation Colliers FINAL

                                Revised Offer TfNSW



Ordinary Meeting                                                                                                                  30 May 2022

Attachment 1 - Easement Plan DRAFT

 

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Attachment 2 - Market Valuation Colliers FINAL

 

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Attachment 3 - Revised Offer TfNSW

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 May 2022

Report Title:            Organisational Financial Review - March 2022

Attachments:           Organisational Report March 2022



Ordinary Meeting                                                                                                                  30 May 2022

Attachment 1 - Organisational Report March 2022

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 May 2022

Report Title:            Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023

Attachments:           Local Government Remuneration Tribunal - Annual Report and Determination 2022



Ordinary Meeting                                                                                                                  30 May 2022

Attachment 1 - Local Government Remuneration Tribunal - Annual Report and Determination 2022

 

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ATTACHMENT       

 

 

 


Date of Meeting:     30 May 2022

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2021-2022 Voted Works