Agenda of Ordinary Meeting - Monday, 27 February 2023

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 30 JANUARY 2023 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

The Deputy Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.

STATEMENT OF RECOGNITION

The Deputy Mayor, Councillor Todd Carney read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by Rev Christine Bayliss-Kelly.

PRESENT – IN PERSON

Deputy Mayor, Councillor Todd Carney and Councillors Bernard Bratusa, Mark Davies, Sue Day, Ross Fowler OAM, Marlene Shipley, Karen McKeown OAM and Kevin Crameri OAM.

PRESENT – ATTENDED REMOTELY

Her Worship the Mayor, Councillor Tricia Hitchen and Councillors Robin Cook, Mark Rusev and Glenn Gardiner.

LEAVE OF ABSENCE

1 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that Leave of Absence be granted to Councillor John Thain for his non-attendance at the meeting.

2 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM that Leave of Absence be granted to Councillor Jim Aitken OAM for Ordinary Meetings and Policy Review Committee Meetings up to and including 17 April 2023.

APOLOGIES

3 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley that the apology received from Councillor Jonathan Pullen be received.

CONFIRMATION OF MINUTES - Ordinary Meeting - 12 December 2022

4 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 12 December 2022 be confirmed.

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Request For Major Event Sponsorship - 2023 Redline Games Western Sydney, as he is a former employee of the Minister for Sport. Councillor Bernard Bratusa stated that he would remain in the meeting for consideration of this item, but not participate in the debate or voting on the matter.

Mayoral Minutes

1 The passing of local artist Susan Oxenham

5 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Tricia Hitchen that the Mayoral Minute on the passing of local artist Susan Oxenham be received.

Notices of Motion

1 Staffing Levels

6 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that a report go to Council regarding the staffing levels and resourcing of the Environmental Health and Compliance Department.

Questions on Notice

1 Property Register

Councillor Kevin Crameri OAM ASKED:

Many years ago there use to be a property register at the counter that people could look at to see who owned a property. Is this still available, if not what has changed and when?

Note from Officers:

Council has previously provided members of the public with information about properties through a Rates Book which could be viewed at the front counter. This information at times included property owner details. Council staff are unable to confirm the exact date these books stopped being available, but it was sometime in the mid to late 90s when the introduction of electronic registers became available, and hard copy registers were replaced. Further to this, in 1998 the Privacy and Personal Information Protection Act 1998 was introduced which made much of the information previously freely available restricted.

The current process for getting information about a neighbouring property involves completing an informal GIPA application, which allows officers to verify the particulars of what is being asked and releasing information in accordance with the provisions of the GIPA Act.

DELIVERY PROGRAM REPORTS

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Cranebrook Catchment Overland Flow Flood Study

7 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Cranebrook Catchment Overland Flow Flood Study be received.

2. The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) be endorsed for public exhibition for a period of 4 weeks commencing in March/April 2023.

3. A further report to be presented to Council on the results of the public exhibition addressing any submissions received during the exhibition period.

2 Acceptance of Grant Funding - Greening Our City Program

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

That:

1. The information contained in the report on Acceptance of Grant Funding - Greening Our City Program be received.

2. Council accepts the $614,000 (ex GST) grant funding from the NSW Department of Planning and Environment to deliver the project.

3. The General Manager (or their delegate) be authorised to sign all documentation as necessary.

4. A letter of thanks be sent to the Minister for Planning.

Outcome 2 - We are welcoming, healthy, happy and connected

3 Request For Major Event Sponsorship - 2023 Redline Games Western Sydney

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

That:

1. The information contained in the report on Request For Major Event Sponsorship - 2023 Redline Games Western Sydney be received

2. Council provide sponsorship of $10,000 (plus GST) in support of the 2023 Redline Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd.

Outcome 3 - We plan and shape our growing City

4 Reporting on Determined Clause 4.6 Variations to Development Standards

10 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the information contained in the report on Reporting on Determined Clause 4.6 Variations to Development Standards be received.

5 Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021

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

That:

1. The information contained in the report on Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021 be received

2. Council endorse the submission on the Explanation of Intended Effect, provided at Appendix 1 to this report, and submit it to the DPE for their consideration.

3. Any feedback from the Council’s Access Committee on the proposed amendments be forwarded to the DPE as an addendum to the submission.

Outcome 4 - We manage and improve our built environment

6 Completion of Playspaces Shade Project

12 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM that the information contained in the report on Completion of Playspaces Shade Project be received.

7 Multi-Sport Community Facility Fund - Grant Acceptance

13 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Multi-Sport Community Facility Fund - Grant Acceptance be received.

2. Council endorse acceptance of the grant award for Monfarville Reserve ($2.143m).

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

4. A letter of appreciation be issued to both the NSW Government and Local Members.

8 Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4

14 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4 be received

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

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

9 Penrith Whitewater Stadium - Lease Agreement

15 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Penrith Whitewater Stadium - Lease Agreement be received.

2. The lease be executed in accordance with the information provided in this report.

a) The lease is not executed until a licence agreement for use of the warm-up lake is entered into by Penrith Whitewater Stadium Ltd and Office of Sport.

b) Council enter into a licence with Penrith Whitewater Stadium Ltd to reflect the terms of the lease between Council and the Office of Strategic Lands.

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

4. An urgent briefing come back to Council in relation to the ongoing operations of Penrith Whitewater Stadium Ltd post 30 June 2023.

Outcome 5 - We have open and collaborative leadership

10 Local Government Remuneration Tribunal - Annual Determination 2023

16 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

1. The information contained in the report on Local Government Remuneration Tribunal - Annual Determination 2023 be received

2. Council endorse the attached ‘Penrith City Council Submission to the Local Government Remuneration Tribunal – 2023’.

11 Summary of Investment & Banking for the period 1 December 2022 to 31 December 2022

17 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

1. The information contained in the report on Summary of Investment & Banking for the period 1 December 2022 to 31 December 2022 be received.

2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 December 2022 to 31 December 2022 be noted and accepted.

3. The graphical Investment Analysis as at 31 December 2022 be noted.

URGENT BUSINESS

UB 1 Zonta Club of Nepean Valley - Support for 30th Year Celebration

Councillor Karen McKeown OAM requested that an amount of $1,000 be allocated equally from each Ward’s voted works to the Zonta Club of Nepean Valley Inc to provide financial support for their 30^th year celebration.

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

The Deputy Mayor, Councillor Todd Carney, ruled that the matter was urgent and should be dealt with at the meeting.

19 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies that an amount of $1,000 be allocated equally from each Ward’s voted works to the Zonta Club of Nepean Valley Inc to provide financial support for their 30^th year celebration.

Committee of the Whole

20 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:51pm.

1 Presence of the Public

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

Outcome 5

2 Road Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 607528 known as 2257-2265 Castlereagh Road, Penrith

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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.

The meeting resumed at 7:53pm and the General Manager reported that the Committee of the Whole met at 7:51pm on Monday, 30 January 2023, the following being present

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor Todd Carney and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM, 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 Road Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 607528 known as 2257-2265 Castlereagh Road, Penrith

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

CW2 That:

1. The information contained in the report on Road Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 607528 known as 2257-2265 Castlereagh Road, Penrith be received.

2. Public notice of the proposed lease is given in accordance with s.154 of the Roads Act 1993.

3. If any objections are received in response to the public notice, a report be brought back to Council for consideration of those submissions.

4. If no objections are received in response to the public notice, Council approve the proposed new road lease agreement under the terms and conditions listed within the report.

5. 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.

ADOPTION OF Committee of the Whole

22 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Ross Fowler OAM 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 7:56pm.

Ordinary Meeting 27 February 2023

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 February, 2023

(Note: The Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

PRESENT

Councillor Robin Cook (Representative for the Member of Londonderry) and Ken Hind – Transport for NSW (TfNSW).

IN ATTENDANCE

Adam Wilkinson – Engineering Services Manager (Chair), Joshua Hull – Traffic Engineering Coordinator, Kablan Mowad – Senior Traffic Engineer, Caitlin Bailey - Senior Traffic Engineer, Lalaine Malaluan – Traffic Engineer, Liam Warda – Trainee Engineer, Isaac Mann – Transport Engineer, Mia Ecob – Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Laura Bretschneider - Business Administration Trainee (Engineering), Ben Cantor – Busways and Paul Bottomley - CDC.

APOLOGIES

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Karen McKeown OAM (Council Representative), Sergeant Leon Cross - Nepean Police Area Command (PAC), Philip Saverimuttu – Senior Traffic Engineer and Wendy Read – Road Safety Officer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 December 2022

That the minutes of the Local Traffic Committee Meeting of 5 December 2022 be confirmed.

LEAVE OF ABSENCE

Raymond Tran – Transport for NSW (TfNSW).

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Fairways Avenue, Leonay - Proposed 'Bus Zone - 8am - 4pm School Days Only' and line marking adjustments to the existing raised pedestrian crossing

Paul Bottomley – CDC advised he will need to confirm the bus times as he believes in the morning it will need to be 7.30am and in the afternoon it will need to be just after 4pm.

Joshua Hull – Traffic Engineering Coordinator advised once the times have been confirmed by Busways then we will make the necessary adjustments.

RECOMMENDED

That:

1. The information contained in the report on Fairways Avenue, Leonay - Proposed 'Bus Zone - 8am - 4pm School Days Only' and line marking adjustments to the existing raised pedestrian crossing be received.

2. Consultation will be undertaken with the CDC Bus Company, Leonay Public School and affected properties regarding the proposed signage and line marking plan as illustrated in Appendix 1.

3. Subject to no substantial objections being received, the proposed ‘Bus Zone – 7.30am – 4pm School Days Only’ signs be installed on Fairways Avenue, Leonay as shown in Appendix 1.

Ken Hind – Transport for NSW (TfNSW) joined the meeting, the time being 9:10am.

2 Jamison Park Synthetic Sports Field – Proposed Accessible Parking Spaces

RECOMMENDED

That:

1. The information contained in the report on Jamison Park Synthetic Sports Field – Proposed Accessible Parking Spaces be received.

2. Two (2) accessible parking spaces and one shared area be installed within the parking area south of Jamison Park synthetic sports field in accordance with AS2890.6:2022, as illustrated in Appendix 1.

3. Councillor Sue Day, the resident who reported the matter, Council’s Ranger Services Department and Council’s Asset Management Department be advised of Council’s resolution.

3 Penrith RSL ANZAC Dawn Service and March - Sunday 16 April 2023 & Tuesday 25 April 2023

RECOMMENDED

That:

1. The information contained in the report on Penrith RSL ANZAC Dawn Service and March - Sunday 16 April 2023 & Tuesday 25 April 2023 be received.

2. The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3. Approval be given for the temporary closure of the following streets:

Roads	Sunday 16 April 2023		Tuesday 25 April 2023
	Closure	Opening	Closure	Opening
High Street, between Station and Lawson Sts	2.30pm	6.00pm	2.30am	7.00am
Castlereagh St, between Lethbridge and High Sts
Tindale St, between Woodriff and Castlereagh Sts (alt access to RSL car park via Lethbridge St)
Union Lane, between Station and Woodriff Sts
Woodriff St, between High and Lethbridge Sts
Woodriff St entrance to Judges Place car park
Masters car park, all access points closed

4. The Traffic Management Plan for the ANZAC Day Dawn Service and March on Sunday, 16 April 2023, and Service and March on Tuesday, 25 April 2023 be endorsed, subject to the following conditions:

a) A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Transport for NSW and Transport Management Centre for approval, prior to the event. A copy of the Transport for NSW approval must be submitted to Council prior to the event.

b) The event applicant liaise with NSW Police and obtain any approvals if required.

c) The event applicant arranges an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant.

d) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

e) A detailed Traffic Guidance Scheme be prepared by a qualified and certified professional and submitted to Council, Transport for NSW and NSW Police prior to the event. The Traffic Guidance Scheme shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

f) The event applicant arranges to place barricades and provide Transport for NSW accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Guidance Schemes indicate Traffic Controllers are to be used, all Traffic Controllers must have current Transport for NSW certification.

g) The event applicant provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

h) The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. VMS boards should be located in accordance with the Transport for NSW Technical Direction TDT2002/11c.

i) Signposting advising the date and time of all closures be provided by the event organiser and be provided two weeks prior to the event.

j) The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

k) The event applicant notifies bus companies of the proposed event and submits a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise any changed route for affected buses at least one week prior to, and during, the event.

l) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report be required to be submitted to the next available Local Traffic Committee meeting.

m) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017.

5. Any proposed speed limit reductions are subject to a separate approval from Transport for NSW.

6. All works as part of this approval be undertaken at no cost to Council.

7. As a requirement of the TfNSW “Guide to Traffic and Transport Management for Special Events 2006”, this approval endorsing the Traffic Management Plan be considered as Council’s authorisation to regulate traffic on Council’s roads.

8. The applicant be advised of Council’s resolution.

4 Brisbane Street and Sydney Street, St Marys / Oxley Park – Proposed ‘Bus Zone’ Signs

RECOMMENDED

That:

1. The information contained in the report on Brisbane Street and Sydney Street, St Marys / Oxley Park – Proposed ‘Bus Zone’ Signs be received.

2. Notification be provided to surrounding properties regarding the proposed ‘Bus Zone’ signs along Brisbane Street and Sydney Street, St Marys / Oxley Park.

3. Following notification to surrounding properties, ‘Bus Zone’ signs be installed at the eight (8) existing identified bus stops along Brisbane Street and Sydney Street, St Marys / Oxley Park, as shown in Appendix 1.

4. Busways, Council’s Rangers Services Department, and Council’s Asset Management Department be advised of Council’s resolution.

5 Rance Road, Werrington - Signage and Line Marking Plan Approval

Ken Hind – Transport for NSW (TfNSW) queried the line marking and ‘No Stopping’ signs around the proposed pedestrian blisters on Rance Road that it may need to be changed and if these should be endorsed at this stage.

Joshua Hull – Traffic Engineering Coordinator advised these changes will be referred back to the LTC at a later date for endorsement of detailed design of the kerb blisters.

RECOMMENDED

That:

1. The information contained in the report on Rance Road, Werrington - Signage and Line Marking Plan Approval be received.

2. The signage and line marking plans prepared by Pulver Cooper & Blackley, Project No. 17/228, Sheet No. 50, Rev G, be endorsed for installation, as shown in Appendix 1.

3. All works associated with the implementation of the signposting and line marking shall be undertaken by the applicant at no cost to Council.

4. Council’s Development Engineers and the applicant be advised of Council’s resolution.

6 Tedbury Road and Lieutenant Street, Jordan Springs – Proposed ‘No Stopping’ Signs

RECOMMENDED

That:

1. The information contained in the report on Tedbury Road and Lieutenant Street, Jordan Springs – Proposed ‘No Stopping’ Signs be received.

2. The proposed ‘No Stopping’ signs be installed on Tedbury Road and Lieutenant Street as shown in Appendix 1.

3. Council’s Ranger Services Department, Council’s Asset Management Department and the resident who reported the matter be advised of Council’s resolution.

7 Old Bathurst Road, Emu Plains – Embellishment of Load Limit Signage

RECOMMENDED

That:

1. The information contained in the report on Old Bathurst Road, Emu Plains – Embellishment of Load Limit Signage be received.

2. Council consult with adjoining residents regarding the proposed signage upgrades.

3. Subject to no substantial objections, the existing load limit signage at Russell Street and Old Bathurst Road be replaced with new signage as shown in Appendix 1.

4. Blue Mountains City Council fund the signage to be made, and Penrith City Council arranges for installation.

5. Blue Mountains City Council be advised of Council’s resolution.

8 Bringelly Road, Kingswood – Endorsement of Design Plans AB191 and AB192 for Black Spot Length Treatment

RECOMMENDED

That:

1. The information contained in the report on Bringelly Road, Kingswood – Endorsement of Design Plans AB191 and AB192 for Black Spot Length Treatment be received.

2. Design Plans AB191 and AB192 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2022/23.

3. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

9 Intersection of Andrews Road and Laycock Street, Cranebrook - Installation of a single lane roundabout - Endorsement of Concept Plan AA55 to prepare detailed design for construction

Councillor Robin Cook (Representative for the Member of Londonderry) noted that she is pleased to see these upgrades proceeding as it is a difficult intersection to navigate. The safety improvements are much welcomed.

RECOMMENDED

That:

1. The information contained in the report on Intersection of Andrews Road and Laycock Street, Cranebrook - Installation of a single lane roundabout - Endorsement of Concept Plan AA55 to prepare detailed design for construction be received.

2. Concept plans be endorsed to inform the preparation of detailed design plans for construction with funding provided from the Australian Government Black Spot Program 2022/23.

3. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with relevant lighting category.

10 Evan Street, Jamison Road and Hornseywood Avenue, Penrith – Proposed ‘No Parking’ and ‘No Stopping’ Signs

RECOMMENDED

That:

1. The information contained in the report on Evan Street, Jamison Road and Hornseywood Avenue, Penrith – Proposed ‘No Parking’ and ‘No Stopping’ Signs be received.

2. Notification be provided to surrounding properties regarding the proposed ‘No Parking’ and ‘No Stopping’ signs on Evan Street, Jamison Road and Hornseywood Avenue, Penrith.

3. Following notification to surrounding properties, the proposed ‘No Parking’ and ‘No Stopping’ signs be installed on Evan Street, Jamison Road and Hornseywood Avenue, Penrith as illustrated in Appendix 1 and Appendix 2.

4. Council’s Ranger Services Department, Council’s Asset Management Department and the resident who reported the matter be advised of Council’s resolution.

11 Wainwright Lane, Kingswood - Provision of 'No Parking' Zone at Driveways and Pram Ramps

RECOMMENDED

That:

1. The information contained in the report on Wainwright Lane, Kingswood - Provision of 'No Parking' Zone at Driveways and Pram Ramps be received.

2. Consultation be undertaken with affected residents, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, a ‘No Parking’ zone be installed on Wainwright Lane, Kingswood at the rear of 206-212 Great Western Highway, as shown in Appendix 1.

4. Council’s Rangers, Assets Section and the resident who reported the matter be advised of Council’s resolution.

12 O’Connell Street, Midnight Avenue and Fouad Way, Caddens – Proposed ‘No Stopping’ Signs

RECOMMENDED

That:

1. The information contained in the report on O’Connell Street, Midnight Avenue and Fouad Way, Caddens – Proposed ‘No Stopping’ Signs be received.

2. Consultation be undertaken with affected properties regarding the proposed installation of ‘No Stopping’ signs at the intersections of O’Connell Street – Midnight Avenue and O’Connell Street – Fouad Way in Caddens.

3. Subject to no substantial objections being received, the proposed ‘No Stopping’ signs be installed at the intersections of O’Connell Street – Midnight Avenue and O’Connell Street – Fouad Way, Caddens as shown in Appendix 1.

4. Council’s Ranger Services Department, Council’s Asset Management Department and the resident who reported the matter be advised of Council’s resolution.

13 "Head of the River" Regatta - Saturday, 25 March 2023 - Sydney International Regatta Centre

Ken Hind – Transport for NSW (TfNSW) noted that the TMP refers to RMS instead of Transport for NSW.

Caitlin Bailey - Senior Traffic Engineer advised she has let the event organisers know and will ensure it is updated for future events.

RECOMMENDED

That:

1. The information contained in the report on "Head of the River" Regatta - Saturday, 25 March 2023 - Sydney International Regatta Centre be received

2. The Traffic Management Plan for the Class 2 event pursuant to Transport for NSW “Guide to Traffic and Transport Management for Special Events” for the “AAGPS Head of the River” on Saturday 25 March, 2023 be endorsed, subject to the following requirements:

(a) A Traffic Management Plan, including a Risk Management Plan, be lodged by the event applicant with Transport for NSW for concurrence prior to the event. A copy of the Transport for NSW concurrence must be submitted to Council prior to the event.

(b) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, prior to the event. In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed event.

(c) A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, Transport for NSW and NSW Police prior to the event should traffic management arrangements be put in place.

(d) The event applicant arranges to place barricades and provide Transport for NSW accredited Traffic Controllers where required by the endorsed Traffic Management Plan. Where the Traffic Management and Traffic Control Plans indicate, Traffic Controllers are to be used. All Traffic Controllers must have current Transport for NSW certification.

(e) The event organiser notifies ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(f) The event applicant provide advice to Council prior to the event that the event complies with the NSW Occupational Health and Safety Act 2000 and the NSW Occupational Health and Safety Regulations 2001

(g) The event applicant notifies private bus companies of the proposed event and submit a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(h) The event applicant ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(i) Where provided, variable message sign boards be located in accordance with the Transport for NSW Technical Direction TDT2010/07.

3. The applicant be advised of Council’s resolution.

GENERAL BUSINESS

Nil.

There being no further business the Chairperson declared the meeting closed the time being 9:46am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 February, 2023 be adopted.

Ordinary Meeting 27 February 2023

Appointment of a Director to the Board of Penrith Performing and Visual Arts Limited (PP&VA)

Compiled by: Tiffany LeeShoy, Senior Cultural Strategy Officer

Josh Staines, Senior Policy Officer - Aboriginal

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Support and implement initiatives which contribute to culture and creativity across our City

Executive Summary

This report advises of changes in the board of Penrith Performing and Visual Arts Ltd (PP&VA) with the resignation of Ms Cathy Jarman from the role of Community Director following 30 years of service, and that this board position is now vacant.

At its meeting of 29 November 2022, the PP&VA Board recommended Ms Amanda Rudolf be nominated to the Board in the role of Community Director for the remaining 10 months of the board position term vacated by Ms Jarman.

Ms Amanda Rudolf is a current member of the Penrith Performing and Visual Arts Ltd Education Committee.

This report recommends that the information be received, and that Council endorse the appointment of Ms Amanda Rudolf as a Community Director to the Board of Penrith Performing and Visual Arts Limited for the period to October 2023.

Background

Penrith Performing and Visual Arts Ltd brings together the development, production and presentation of performing and visual arts programs including Penrith Conservatorium of Music and Q Theatre programs as well as the operation of Council-owned physical assets, including management of the Penrith Regional Gallery and the Lewers Bequest Art Collection.

The PP&VA is a controlled entity of Council with the objectives and operation managed by a Board of Directors in accordance with an endorsed constitution. Clause 16.2 of the Constitution outlines that all of the Directors are to be appointed by Council.

The Constitution of the PP&VA allows for up to ten Directors, four that are Council Directors including the General Manager or his/her nominee. The six remaining Directors are community representatives that are nominated for a four-year term with half coming up for renewal every second year. Clause 16.2 of the Constitution provides that Council shall have the discretion as to whom it appoints to the Board of Directors.

PP&VA held an Annual General Meeting in October 2022, at which its Annual Report for 2021 - 2022 was tabled. In January 2023, Ms Krissie Scudds commenced as the new CEO of PP&VA, succeeding Hania Radvan. Ms Scudds, along with Chairperson Alison McLaren, will present an update of the activities of the PP&VA 2021-22 as well as the 2021-22 Annual Report at the Policy Review Committee meeting on 17 April 2023.

Current Situation

After 30 years of service Ms Cathy Jarman tendered her resignation from the Board on 21 November 22, effective at the end of 2022, to give focus as she starts a new role co-ordinating music group heads across NSW independent schools. Penrith City Council acknowledges and thanks Ms Jarman for her long-standing support and service to the Penrith community and the creative and cultural sector in Western Sydney.

At the meeting of 29 November 2022, the PP&VA Board recommended Ms Amanda Rudolf be nominated to join the Board in the role of Community Director for the remaining 10 months of the board position term vacated by Ms Jarman, noting Ms Rudolf’s appropriate skill set.

Ms Amanda Rudolf is a member of the PP&VA Education Committee. Ms Rudolf holds the role of Head Teacher Performing Arts at Nepean Creative Arts and Performing Arts High School in Emu Plains and is also a musician.

PP&VA now seeks the endorsement of Council to appoint Ms Amanda Rudolf as Community Director on the PP&VA Board for the period to October 2023.

Financial Implications

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

Risk Implications

There are no risk implications associated with the endorsement of the PP&VA Board’s recommended nomination. This aligns with Clause 16.2 of the PP&VA Constitution which provides that Council shall have the discretion as to whom it appoints to the Board of Directors.

Conclusion

After 30 years of service, Ms Cathy Jarman tendered her resignation from the Penrith Performing and Visual Arts Ltd Board on 21 November 2022.

At the 29 November 2022 meeting, the PP&VA Board recommended Ms Amanda Rudolf to fill the Community Director vacancy on the board, noting her similar skill set to Ms Jarman.

PP&VA now seeks the endorsement of Council to appoint Ms Amanda Rudolf as Community Director on the PP&VA Board from January – October 2023.

The CEO and Chair of PP&VA will provide the PP&VA 2021-22 annual report and a presentation on their activities for the 12-month period at Council’s Policy Review Committee meeting in April.

This report recommends that the information be received, and that Council endorse the appointment of Ms Amanda Rudolf as Community Director to the Board of Penrith Performing and Visual Arts Limited.

RECOMMENDATION

That:

1. The information contained in the report on Appointment of a Director to the Board of Penrith Performing and Visual Arts Limited (PP&VA) be received.

2. Council endorse the appointment of Ms Amanda Rudolf as a Community Director to the Board of Penrith Performing and Visual Arts Limited for the period of January to October 2023.

3. Council write to Ms Jarman to acknowledge and thank her for her long standing support and service to the Penrith community and the creative and cultural sector in Western Sydney.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

Event Sponsorship Outcomes July - December 2022

Compiled by: Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activations Program Manager

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Conduct and support events that include all members of our community

Executive Summary

This report provides an overview of the outcomes of Council’s sponsorship of events that were delivered in the period July to December 2022. This follows a resolution made at the 28 November 2022 Ordinary Council Meeting by Councillor Bratusa requesting a memorandum on the possibility of having a report provided to Councillors after each sponsored event with the return on investment for ratepayers and patronage, and any other relevant information.

Following further discussion, Councillor Bratusa agreed to the provision of consolidated information to Council on a 6-monthly basis.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020.The primary purpose of Council’s involvement in events is to grow economic and social value for the city. The Events Strategy provides for up to $200,000 annually to supprt the attraction and retention of major and community events.

Between July and December 2022, a total of 10 events were delivered with the support of sponsorship from Council, to a total investment of $71,330. According to information provided by the applicants when requesting funds, anticipated attendance of all events was 30,482 with the potential estimated economic benefit calculated by officers of all sponsored events was $5,917,275.

The report provides an overview of post event information supplied by the event organisers, reflecting that the reported attendance at the 10 events was 35,060 people. Using Council’s economic benefit data in a return-on-investment analysis, for every $1 Council invested in event sponsorships in the period July to December 2022 it achieved a return on investment for the community and Council of $92.

Sponsorship of the 10 events during the July to December 2022 period also provided positive opportunities for the promotion of Penrith and our local accommodation and hospitality offerings, as well as Council’s brand.

Finally, the report provides an overview on the opportunity areas for events growth with a focus into the business event and conferencing market. Other key areas of development include broadening promotion of the events partnership program and scoping an advocacy plan for event related infrastructure. The report also foreshadows a review of the events sponsorship policy in line with learnings over the past few years.

It is recommended that Council receive this report.

Background

At the Ordinary Meeting on 28 November 2022 Ordinary Council Meeting by Councillor Bratusa requesting a memorandum on the possibility of having a report provided to Councillors after each sponsored event with the return on investment for ratepayers and patronage, and any other relevant information.

Following further discussion, Councillor Bratusa agreed to the provision of consolidated information to Council on a 6-monthly basis.

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 through an Events Partnership Program.

Council endorsed the Events Sponsorship Policy on 22 June 2020 and established a criteria for the assessment of Major and Community Event Sponsorship against strategic outcomes and priorities.

Events are an integral thread in Penrith’s cultural fabric, contributing significant economic and social benefits. They bring communities together, celebrate our lifestyle and diversity while fostering pride in the city. Through their ability to attract visitors and encourage repeat visitation, they inject money into the local economy and help to make Penrith a vibrant, thriving city. Events also build community capacity and local leadership and create a sense of place for residents.

Council currently has two sponsorship streams, being Community Events for sponsorship up to $1,000 and Major Events for sponsorship over $1,000.

Community events are classified as those that add to the social fabric of Penrith with a focus on engagement primarily with the community of Penrith City.

Major events are classified as events of national, state or regional significance that may be one-off or recurring, provide variety and richness of experiences to Penrith City, as well deliver value to Penrith as a destination through positive economic benefits through local spend and encouraging repeat visitation.

Sponsorship Assessment and Reporting

Applications are required for both Community Events and Major Events sponsorship. Council officers review applications and will engage with applicants to understand the request and seek further information where necessary.

At the time of adopting the Events Strategy in 2020, a small number of events that had been supported by Council over a number of year were identified. These events had been consistently supported by Council so much so, that the sponsorship was assumed in assisting their delivery. These sponsorship amounts were built into Council’s base budget and on this basis, when sponsorship applications are received for those events the applications are considered under delegated authority. The events and their budgets are listed below:

· Nepean District Historical Society Festival and Open Day $3,000

· Relay For Life $3,000

· Penrith Carols by Candlight $5,000

· Nepean Triathlon $8,000

· Penrith Festival $20,000

· St Marys Spring Festival $20,000

The Events Sponsorship Policy found in Attachment 1 has provision for such an arrangement in the General Principles. The event organisers are still required to submit an application at the commencement of each financial year as well as submitting a post event evaluation.

Calculation of Benefit

As part of the application assessment process, Council staff undertake an estimate of the anticipated economic benefit of each event. This is calculated using data provided by the applicant including participant numbers and type of participation expected during the event (e.g. overnight or day stay). The Tourism Research Australia tool is then used to input the data provided by the applicants. This tool is used by Destination NSW to set the standard rates of economic impact per visitor per event. This information is then inputted into the Profile ID Event Impact Calculator to determine the return on investment for each event.

Given the nature of community events, in assessing each request for Community Event Sponsorship consideration is made to the anticipated social benefits of the event to the community of Penrith City.

Event Evaluation

All organisations provided with Major Events Sponsorship are required to submit a post-event evaluation report within 28 days of the conclusion of the event, detailing actual attendance numbers, economic impact, marketing reach and community impact.

Organisations receiving Community Event sponsorship (less than $1000) are required to provide feedback to Council officers to confirm the event was delivered and what the overall outcomes and benefits to the community have been.

The remainder of this report provides details on those events that received sponsorship from Council and were delivered in the period July to December 2022.

Summary of Events Sponsored by Council and delivered in the period Jul – Dec 2022

In the 6-month period July to December 22 there were 10 events delivered in Penrith LGA that Council had provided sponsorship for. Further details are summarised in the table below:

EVENTS SPONSORED BY COUNCIL AND DELIVERED JUL – DEC 2022

Community Events

Major Events

Total Number of Events

Community Events

Major Events

$330

$71,000

Total Value of Council Sponsorship

$71,330

Type of Events Sponsored:

Sports Related

Arts and Culture

Lifestyle and Leisure Related

Of these 10 events, Council considered and endorsed 7 sponsorships and 3 sponsorships were granted under delegation as per the Events Sponsorship Policy.

Six of the events had been previously sponsored by Council with most returning for the first time after a two-year break due to COVID 19.

Council’s Sponsorship Investment for the period July to December 2022

Consideration has been given to the value of sponsorship investment for Council and the community. Focus have been given to understanding the value of investment in terms of reach through participation, economic and social benefits to the community, the benefits to Council and the alignment of sponsorship investment with Council’s Events Strategy 2020-2024 and Events Sponsorship Policy.

Council staff have undertaken an assessment that compares anticipated verses actual attendance, overnight visitation, and economic benefit of all major events.

Community event sponsorships are not assessed against overnight visitation or economic benefit metrics due to their small and localised scale. However, information is sought from organisers to quantify the positive social impact that the event provided to the community of Penrith City.

Details of the assessment of Council’s sponsorship investment for the period July to December 2022 are outlined in Attachment 2 with the key findings summarised further below.

Reach

Data shows that in terms of reach of the events through participation numbers, that 5 of the events had less than expected participation and 5 had more or the same participation as the estimates. When considering the program of events overall, the anticipated participation was 30,482 people and the reported participation was greater at 35,060 people.

It is also noted that for events in open space where there is no ticketing or boundaries to assist in estimates, attendance numbers can be difficult to accurately report or confirm. In addition, many events in this period it was their first time running after a break as a result of COVID which may skew the numbers attending.

Economic Benefit and Impact

The data shows that in terms of estimated economic benefit of the events, that 6 events had the same or generated more economic benefit than originally estimated while 4 events had less than expected economic benefit compared to the original estimate.

When considering the program of events overall, the anticipated estimated economic benefit to the community of Penrith was calculated by Council officers at $5,917,275 and the revised estimated economic benefit (calculated on actual participation figures post event) was estimated to be greater at $6,543,710.

Benefits to Council and Return on Investment

Sponsorship of the 10 events during the July to December 2022 period provided positive opportunities for the promotion of Penrith as well as Council’s brand through a variety of marketing and communication channels, including:

· Logo placement identified Council as a major sponsor of each event, seen by 35,060 people

· Distribution of the Visit Penrith guides to over 10,800 people

· Social media reach of Council brand and Visit Penrith destination content to over 707,000 people (estimated across all platforms)

· 22 banner and flag placements of Council’s new strategic positioning graphic, ‘Positively Penrith’ across 7 event days and seen by an estimated 10,800 people.

Together these opportunities provided through event sponsorship promote Penrith as a destination to visit and extend the reach of Council’s brand.

A return-on-investment calculation following the methodology outlined earlier has been completed for the period July to December 2022, as part of considering the benefit to Council and community of the sponsorship investment.

On the basis that Council invested $71,330 in this period and using the post-event economic benefit calculation of $6,543,710, the return on investment shows that for every $1 Council invested in event sponsorships in this period it delivered a return on investment for the community and Council of $92.

Alignment with Events Strategy

The events sponsored within the July to December 2022 period show a strong alignment to the principles of the Events Strategy in working towards a balance between new (not previously sponsored) and existing (previously sponsored events), and a diversity of event types to appeal to a broad cross-section of our community and visitors across sporting, arts and culture, lifestyle and leisure and local community events of different sizes.

Opportunity Areas and Next Steps

The Think Penrith, Think Events – Penrith Events Strategy 2020-2024 focuses on identifying and proactively attracting events that will deliver a maximum return on investment to Council and benefit the community of Penrith City. The Strategy focuses on fostering a balanced sponsorship portfolio for events with 4 key attraction focuses, including:

· Business events and conferencing

· Adventure and lifestyle events

· Arts and cultural events

· Developing a diverse annual sports events calendar focusing on attraction of elite women’s sporting events

Council has identified the business events and conferencing market as an opportunity in the short term with significant private investment in conferencing infrastructure across Penrith over the last 5 years. Council will have a presence at the Asia-Pacific Meetings and Incentives Expo in February, participate in the Destination NSW Buyers Familiarisation Program and will release and promote a Business Events Guide to showcase the City’s diversity of suitable venues and attractions.

As the interest in Penrith City as an events destination of choice continues to grow, further development of the events sponsorship portfolio has been identified in order to best achieve Council’s strategic objectives. Key areas for continued development of the portfolio include:

· Broadening promotion of the Events Partnership Program to maximise competitiveness of application rounds

· Development of an Event Attraction Plan to strategically guide prospecting activities in order to build strong strategic relationships with the events industry and proactively acquire major events to Penrith

· Further advocacy for investment in event-related infrastructure and major event acquisition at a State and Federal level.

The Events Sponsorship Policy was developed and took effect at a time when communities were then impacted by COVID. With the re-emergence of events post COVID, and the learnings and community preferences now shaping the type and way events are delivered, there is opportunity for a review of the Events Sponsorships Policy in this light. The review will identify improvements in assessment, governance and reporting and will be put before Council for consideration.

Financial Implications

Council has sponsored 10 events delivered in the 6-month period July to December 2022 at a total cost of $71,330. Of this, $25,000 of sponsorships were adopted by Council in the 2021-22 financial year, $30,330 of sponsorships were adopted by Council in the 2022-23 financial year and $16,000 of sponsorships relate to historical arrangements built into Council’s base budget.

Annual funding of $200,000 is available through the Events Partnership Program and $59,000 is built into Council’s base budget to fund the historical arrangements identified in this report. Further, $25,000 of funding was carried over from 2021-22 for the purpose of funding sponsorships that were adopted by Council in the 2021-22 financial year bringing the total of all funding for Event Sponsorships in Council’s Operational Plan for 2022-23 to $284,000.

After all expenditure and commitments are considered, funding of $114,470 is available for the remainder of the 2022-23 financial year to support Event Sponsorships.

Risk Implications

There are no risk implications associated with this report.

Conclusion

This report outlines the outcomes of Council’s sponsorships of events for the period July to December 2022. In this period a total of 10 events were delivered that were sponsored by Council, with a total investment from Council of $71,330.

All sponsorship benefits were received as agreed. The reported attendance at all events sponsored by Council was 35,060 and the revised estimated economic benefit to the economy of Penrith City (using post event data) was $6,543,710.

A return on investment calculation shows that for every $1 invested by Council in event sponsorships in this period, it achieved a return on investment for the community and Council of $92.

A review of Council’s event sponsorship during the July to December 2022 period shows it delivered positive opportunities for the exposure of Council’s brand, corporate image and destination benefits, and that the events sponsored have a strong alignment to the principles seeking to be delivered in the Events Strategy related to reach and patronage and strong economic and social benefit to community.

A review of the Events Sponsorships Policy will shortly be undertaken to reflect on changes to the event sector as a result of COVID and identify potential improvements in assessment, governance and reporting processes.

It is recommended that Council receive this report.

RECOMMENDATION

That the information contained in the report on Event Sponsorship Outcomes July - December 2022 be received.

ATTACHMENTS/APPENDICES

1. ⇩

Assessment of Council’s Sponsorship Investment for the period July to December 2022

2 Pages

Appendix

Ordinary Meeting 27 February 2023

DPE Funding Deed for St Marys Town Centre Master Plan

Compiled by: Renata Ferreira, City Design Lead

Authorised by: Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Work with partners to develop plans that support the needs and interests of our community
Principal Activity	Work with government to develop strategic plans for priority precincts within the Greater Penrith to Eastern Creek Growth Area

Previous Items: Endorsement of the St Marys Town Centre Structure Plan- Ordinary Meeting- 28 Nov 2022

Outcomes of Public Exhibition of the Draft St Marys Town Centre Structure Plan- Councillor Briefing- 21 Nov 2022

Executive Summary

Significant transformation is underway in St Marys due to the investment in the Sydney Metro Western Sydney Airport line that will connect St Marys to the Western Sydney International (Nancy-Bird Walton) Airport and Aerotropolis. Council is leading this transformation and has developed a strategic planning pathway to guide development within the St Marys Town Centre to realise the needs and aspirations of residents, businesses, and visitors. The first step of the planning pathway is the St Marys Town Centre Structure Plan (Structure Plan).

The Structure Plan was endorsed by Council at the 28 November 2022 Ordinary Meeting as the first stage of the planning pathway. The Structure Plan is a high-level medium to long-term plan yet to be validated, costed and staged through detailed analysis and technical studies. The St Marys Town Centre Master Plan (Master Plan) is the second stage of the planning pathway and is currently in development. The Master Plan will validate and refine the Structure Plan, investigate mechanisms for implementation, and will include the preparation of technical studies including the preparation of a feasibility analysis.

As outlined in the 28 November 2022 Ordinary Meeting report which sought endorsement of the Structure Plan, the Master Plan studies have been indicatively forecast at approximately $1.5M. Some of these studies are already underway, however the actual cost of the remaining studies is unknown until procurement processes are concluded. Funding has been accommodated within existing capacity, including priority allocation from programs included in the 2022-26 Delivery Program and Internal Reserves.

To support Council’s master planning process, the Department of Planning and Environment (DPE) have offered funding to Council totalling $495,000 to fund specialist consultancy services for the Master Plan. Funds are to be used for the preparation of the Economic Feasibility and Market Analysis study, Multimodal Transport Model and Infrastructure Delivery and Funding Strategy. These studies are actions in the Structure Plan.

This report recommends Council enter into a Funding Deed with DPE to accept the funding. This funding will result in a cost savings of $495,000, which will be returned to Council’s internal Reserves.

The terms and conditions of the Deed have been carefully reviewed by Council officers, including legal and finance teams, to ensure that DPE have no undue control or influence over the findings and recommendations of the three studies nor of Council’s Master Plan process. Therefore, receipt of this funding does not fetter Council’s leading role in planning for St Marys Town Centre, and as such Council will remain as the decision-making authority for the Master Plan and will maintain control and full discretion about the outcomes and directions of the Master Plan. Councillors will continue to be briefed on the progress of the Master Plan as it is developed.

Background

The St Marys Town Centre Structure Plan (Structure Plan) was endorsed by Council at the 28 November 2022 Ordinary Meeting. The Structure Plan is the first stage of the St Marys planning pathway, which aims to manage growth and change in St Marys Town Centre over the next twenty years. The Structure Plan is a high-level medium to long-term plan yet to be validated, costed and staged through detailed analysis and additional technical studies as part of the Master Plan.

Council is now progressing the St Marys Town Centre Master Plan (Master Plan), which is the second stage of the planning pathway. The Master Plan will validate and refine the strategic and spatial directions of the Structure Plan, investigate mechanisms for implementation, and will include the preparation of several technical studies. This includes an economic feasibility and market analysis study, infrastructure delivery and funding strategy, multimodal transport model, car parking study, additional planning and urban design work, integrated water management plan, first nations heritage study and others as outlined as actions in the Structure Plan. The Master Plan, combined with the Structure Plan, will inform a capital works program and potential amendments to planning controls. A planning implementation plan and developer contributions plan will also be developed as part of the St Marys planning pathway.

Current Situation

The Structure Plan proposes several infrastructure initiatives and enhancements for the St Marys Town Centre that, should they proceed to be considered in the master planning stage, will have significant resource implications for Council over the next 20 years. Most of the proposed improvements to the Town Centre are unfunded at this stage. For Council to consider possible funding solutions for these elements to be realised, the feasibility and achievability will be validated and refined through the Master Plan process and the financial implications and potential funding strategies will be considered alongside Council’s current Long-Term Financial Plan.

As outlined in the 28 November 2022 Ordinary Meeting report, development of the Master Plan requires the preparation of additional technical studies which are indicatively forecast at approximately $1.5M. Some of the studies are already underway, however the actual cost of the remaining studies is unknown until procurement processes are concluded. Funding has been accommodated within existing capacity, including priority allocation from programs included in the 2022-26 Delivery Program and Internal Reserves.

To support Council’s master planning process, the DPE have offered funding of a total of $495,000 to Council to engage consultants to prepare the Economic Feasibility and Market Analysis study, Multimodal Transport Model and Infrastructure Delivery and Funding Strategy.

Financial Implications

Development of the St Marys Master Plan requires the preparation of additional technical studies which are indicatively forecast at approximately $1.5M. Council allocated $1.5M in funds within existing capacity, including priority allocation from programs included in the 2022-26 Delivery Program and Internal Reserves.

DPE have recently offered $495,000 to support Council’s master planning process. By entering into a Funding Deed with DPE, Council will make significant cost savings associated with the preparation of the Master Plan, allowing $495,000 to be returned to Internal Reserves.

Risk Implications

Therefore, receipt of this funding does not fetter Council’s leading role in planning for St Marys Town Centre, and as such Council will remain as the decision-making authority for the Master Plan and will maintain control and full discretion about the outcomes and directions of the Master Plan.

Conclusion

The Department of Planning and Environment have offered Council $495,000 in funds to support Council’s Master Plan process. The funds are to be used for the preparation of the Economic Feasibility and Market Analysis study, Multimodal Transport Model and Infrastructure Delivery and Funding Strategy.

This report recommends Council enter into a Funding Deed with DPE to accept the funding. This funding will make significant cost savings to Council of which $495,000 will be returned to internal Reserves.

Council will continue to lead planning for St Marys Town Centre, remaining as the decision-making authority for the Master Plan and will maintain control and full discretion about the outcomes and directions of the Master Plan. Councillors will continue to be briefed on the progress of the Master Plan as it is developed.

RECOMMENDATION

That:

1. The information contained in the report on DPE Funding Deed for St Marys Town Centre Master Plan be received

2. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

Endorsement of the submissions on the draft GPEC Strategic Framework and Orchard Hills Discussion Paper

Compiled by: Fiona McDermott, Urban Strategist

Renata Ferreira, City Design Lead

Authorised by: Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Work with partners to develop plans that support the needs and interests of our community
Principal Activity	Work with government to develop strategic plans for priority precincts within the Greater Penrith to Eastern Creek Growth Area

Previous Items: Greater Penrith to Eastern Creek Growth Area (GPEC)- Councillor Briefing- 12 Nov 2020

Draft Greater Penrith to Eastern Creek Strategic Framework- Councillor Briefing- 17 Oct 2022

Greater Penrith to Eastern Creek Growth Area - Precinct Planning for Orchard Hills- Councillor Briefing- 07 Nov 2022

Submissions on the Draft GPEC Strategic Framework and Orchard Hills Discussion Paper- Councillor Briefing- 20 Feb 2023

Executive Summary

The purpose of this report is to seek endorsement of the submissions on the Draft Greater Penrith to Eastern Creek (GPEC) Strategic Framework (Attachment 1) and the Orchard Hills Discussion Paper (Attachment 2). Councillors were briefed on the draft submissions on 20 February 2023. Feedback received following the briefing has been incorporated into the attached submissions. A copy of the Draft GPEC Strategic Framework and Orchard Hills Discussion Paper are provided at Attachments 3 and 4, respectively.

Planning for the GPEC area is identified in the Western City District Plan and is a Western Sydney City Deal commitment. Council and other stakeholders have previously provided preliminary input into the Draft Strategic Framework, however Council officers did not see the final Draft GPEC Strategic Framework, nor the Orchard Hills Discussion Paper, until they were both placed on public exhibition in late 2022. Whilst the public exhibition period has concluded, the Department of Planning and Environment (DPE) has agreed to receive Council’s submissions by 28 February 2023 to allow for the submissions to be considered at an Ordinary Meeting.

The Draft GPEC Strategic Framework supports Council’s vision and aspirations for the Penrith LGA, in so far as it considers the broad strategic issues and their significance in the context of potential future land use opportunities at a high level. In particular, it reinforces the strategic importance of St Marys Town Centre as a priority precinct and acknowledges Council’s St Marys Town Centre Structure Plan and Master Plan as the planning pathway to deliver a clear vision and comprehensive plan for growth consistent with its strategic centre role.

The Orchard Hills Discussion Paper presents a sound overview of the opportunities and future direction for growth and development and will continue to be refined through detailed precinct planning. Council officers will continue to work closely with the DPE through the precinct planning process.

Notwithstanding, the draft submissions (attached) provide specific comments and recommendations for refinements in the finalisation of the GPEC Strategic Framework and preparation of the Orchard Hills Precinct Planning, as outlined further in this report. A primary concern continues to be the issue of infrastructure delivery, forecast growth and the potential implications for St Marys and Orchard Hills, particularly in terms of density. This issue is addressed further below under ‘Comments on the Draft GPEC Strategic Framework’.

The submissions have been informed by Council’s adopted strategic planning documents including the Local Strategic Planning Statement (LSPS), Sports and Recreation Strategy and Places of Penrith (Local Housing Strategy, Rural Lands Strategy, Employment Lands Strategy and the Green Grid Strategy). Given that Orchard Hills is identified as a priority precincts in the GPEC Framework, it is recommended that the two submissions be read in conjunction with one another given the obvious synergies and interrelationships between the two documents. It is recommended that Council endorse the submissions on the Draft GPEC Strategic Framework and Orchard Hills Discussion Paper and forward copies to the DPE by 28 February 2023.

Councillors have been updated in relation to planning for GPEC and Orchard Hills by Council staff and the NSW Government as set out below:

· Councillor Briefing 12 November 2020 – Greater Penrith to Eastern Creek Growth Area

· Councillor Briefing 17 October 2022 – Draft Greater Penrith to Eastern Creek Strategic Framework

· Councillor Memorandum – 19 October 2022

· Councillor Briefing 7 November 2022 – Greater Penrith to Eastern Creek Growth Area – Precinct Planning for Orchard Hills

· Councillor Briefing 20 February 2023 – Draft Submissions on Greater Penrith to Eastern Creek Strategic Framework and Orchard Hills Discussion Paper.

Background

The Greater Penrith to Eastern Creek (GPEC) Investigation Area was identified in 2018 in the Western Sydney City Deal and the Greater Sydney Region Plan/Western City District Plan. These documents made a commitment for the NSW Government to undertake further investigation of land use and infrastructure planning to accommodate growth and change in the GPEC area. GPEC spans approximately 19,000 hectares, connecting the Central River City and Western Parkland City, comprising land within the Penrith and Blacktown local government areas.

DPE presented a draft vision statement for the GPEC area at the 12 November 2020 Councillor Briefing. Since then, Council officers have liaised with DPE on a few occasions regarding the GPEC land use and infrastructure planning investigations, providing high-level preliminary feedback in the development of the plan.

Two further briefings from DPE for Councillors occurred in October and November 2022. Council officers were only provided with the final Draft GPEC Strategic Framework to review when it was formally shared with councils and the community through its public exhibition process in late 2022. Similarly, Council officers have provided high-level preliminary input to the early precinct planning process for Orchard Hills but were only provided with a copy of the Discussion Paper for consideration as part of the concurrent public exhibition process.

Current Situation

The DPE has recently prepared the Draft GPEC Strategic Framework, which was placed on public exhibition from 18 November to 16 December 2022. At the same time, the DPE released the Orchard Hills Discussion Paper for public comment. Whilst the Draft Strategic Framework package and Orchard Hills Discussion Paper concluded their respective public exhibition periods on 16 December 2022, given our reporting timeframes the DPE has agreed to receive our submissions following Council’s consideration at the 27 February 2023 Ordinary Meeting.

The public exhibition of the Draft GPEC Strategic Framework and Orchard Hills Discussion Paper provides Council the opportunity to carefully review the Draft GPEC Strategic Framework, along with the proposed vision and priorities for Orchard Hills, to ensure alignment with our strategic planning work and to support the needs and interests of our community.

Draft GPEC Strategic Framework

The Draft Framework proposes a shared vision for GPEC, to guide development and contribute to the Western Parkland City. When finalised, it will guide the future planning for new homes and jobs, close to transport, schools and public spaces. The Framework is accompanied by supporting documentation including:

· a draft Ministerial Direction that would require planning proposals to align with its priorities, directions and actions

· Urban Design Report

· Social Infrastructure and Open Space Needs Assessment

· Aboriginal Cultural Heritage Assessment

· Aboriginal Engagement Outcomes Report.

Significantly, the Draft Strategic Framework identifies:

· Six key areas suitable for growth and change over the next 20-30 years, including two priority areas:

o St Marys Town Centre as a priority urban renewal area

o Orchard Hills as a priority urban release area

· A vision for growth and change in Greater Penrith to Eastern Creek

· Key planning priorities for the area

· Directions and actions to deliver on each of the priorities

· Draft State infrastructure required to support growth.

A copy of the Draft GPEC Strategic Framework is provided at Attachment 3. The exhibition package including FAQs and supporting documentation (Draft Ministerial Direction, Urban Design Report, Social Infrastructure & Open Space Needs Assessment, Aboriginal Cultural Heritage Assessment and Engagement Outcomes Report) can be found at https://www.planning.nsw.gov.au/Plans-for-your-area/Priority-Growth-Areas-and-Precincts/Greater-Penrith-to-Eastern-Creek

Comments on the Draft GPEC Strategic Framework

The submission (Attachment 1) is broadly in support of the Draft GPEC Strategic Framework as it aligns with Council’s vision and aspirations for Penrith LGA, as identified in Council’s Local Strategic Planning Statement and Places of Penrith Strategic Framework in so far as it considers the broad strategic issues and their significance in the context of potential future land use opportunities at a high level. Notwithstanding, the submission outlines Council’s expectations for the GPEC area as follows:

· Growth is appropriately contained to limit urban sprawl, and is supported by infrastructure

· There is a balance of land uses that deliver local jobs, housing and social infrastructure for the new population

· Priority precincts have high amenity and high-quality design outcomes as key directions in the finalisation of the GPEC Strategic Framework and subsequent precinct planning packages when released

· Council to lead further investigation of the character and potential land uses in North St Marys industrial land through Council’s St Marys Town Centre Master Plan process

· The role of Orchard Hills as a local centre is understood and defined through precinct planning

· Density is informed by an evidence-based ratio

· Affordable and social housing to meet the needs of the future community is balanced, distributed across multiple locations and considerately integrated into the urban environment (ie. indistinguishable from market housing).

The submission also raises some concerns, including:

· The indicative population figures quoted in respect of St Marys and Orchard Hills.

These matters are further described below.

In summary, the draft submission provides the following key comments:

1) Population growth and housing targets

The Draft Framework indicates the GPEC population will increase by around 135,000 people by 2056 and that ‘more than half the new population will live around new Sydney Metro stations at St Marys and Orchard Hills’. This statement in the Draft Framework is concerning, as it indicates more than 67,000 new people would live at St Marys and Orchard Hills by 2056. The draft submission therefore raises concern with this scale of growth in St Marys and Orchard Hills as our understanding is that this could occur more broadly across the GPEC area, not just around St Marys and Orchard Hills. Council does not support this statement and seeks clarity in this regard.

Whilst a direct comparison between the DPE projections and Council’s strategies is difficult, as best as we can ascertain, there will be a major difference between the projections in DPE’s documents compared to the projected growth in Council’s strategies.

The Draft GPEC Framework only provides population projections and does not include commentary on related housing or employment numbers making it difficult to determine likely development outcomes. Whilst a better understanding of population, housing and employment growth will come through precinct planning, it is noted that the base assumptions for DPE’s projections (e.g. Precinct boundaries and timeframes) differ from those used for our Local Housing Strategy and St Marys Town Centre Structure Plan, making it difficult to determine alignment with our local strategies.

Council’s projected growth in St Marys to Orchard Hills indicates that around 29,300 additional people could live in Orchard Hills and St Marys in the future (by 2041). Notwithstanding the difference in timescales, the DPE projection of 67,000 new people to live in St Marys and Orchard Hills by 2056 indicates a large discrepancy in forecast growth between Council’s projected growth for these centres (29,300) and the DPE (67,000).

Therefore, the draft submission:

· raises concerns about the indicative population figures quoted in respect of St Marys and Orchard Hills, as described above

· requests DPE to be consistent with Council’s projected growth in the endorsed Local Housing Strategy and St Marys Town Centre Structure Plan

· requests DPE to work with Council to reconcile geographical boundaries and population growth so that the GPEC Framework, LHS and St Marys Town Centre Structure Plan are all aligned

· requests DPE to continue to work with Council to determine density, population growth, housing and employment numbers, and identify how the expected growth can reasonably be accommodated in a sustainable way through the Orchard Hills Precinct Planning process and St Marys Town Centre Master Plan.

2) Local jobs for a growing population

· reiterates the need to ensure a balance of land uses that deliver local jobs for the new population

· requests DPE to be consistent with Council’s job targets in the endorsed St Marys Town Centre Structure Plan

· supports DPE’s intent to identify job targets through the Precinct Planning process, informed by an evidence-based ratio

· requests DPE to continue to work with Council to identify how local employment opportunities can be delivered in a practical and meaningful way to support the growing population.

3) The role of Orchard Hills

· emphasises the need to understand the role of Orchard Hills Local Centre in the broader centres hierarchy of Penrith LGA and the Western Parkland City

· reiterates that Orchard Hills should provide jobs for a local centre but not compete with surrounding strategic centres and industrial lands.

4) Local infrastructure and funding

· supports DPE’s intent that land must not be rezoned until Precinct Plans, Development Control Plans and Contributions Plans have been finalised

· requests certainty from State Government that new infrastructure will be delivered upfront to support new growth areas

· requests that a full range of social, cultural and recreational infrastructure be delivered to support a growing community.

· notes that without strong commitment to timely delivery of necessary infrastructure, further growth and development in areas such as Orchard Hills South is premature.

5) Water infrastructure

· supports the direction and actions to provide upgraded and new utility infrastructure and facilitate the timely provision of new trunk drinking, wastewater, stormwater and recycled water networks throughout GPEC

· emphasises the need for up-front delivery of water infrastructure to avoid uncertainty and potential delays and ensure the precinct can cater for planned growth over the short to longer term.

6) Regional transport infrastructure

· raises concerns with the proposed alignment of the Outer Sydney Orbital (OSO) Stage 1 and therefore requests state agencies liaise with Council and the community when detailed planning for this road commences.

· notes the GPEC Framework should be updated to reflect the recent NSW Government commitment to develop a business case for extension of the North West Metro Line from Tallawong to St Marys to improve public transport and access to the new Western Sydney Airport.

· notes that without commitment to delivery of necessary transport infrastructure, including road upgrades, further growth in GPEC is premature.

In addition, the draft submission details more specific comments and recommendations on each of the key planning priorities and provides comments on supporting documents (i.e. the GPEC Social Infrastructure Needs Assessment).

Orchard Hills Discussion Paper

The Orchard Hills Investigation Area is part of the GPEC growth area. It includes land north and south of the M4 Western Motorway but does not include land affected by the current Orchard Hills North planning proposal. Precinct planning for Orchard Hills is being led by the NSW State Government and will aim to enable new homes, infrastructure and services to be built to support the new Sydney Metro Station at Orchard Hills. Council has been invited to participate in a Project Control Group to oversee the precinct planning of Orchard Hills, but is currently negotiating the associated probity arrangements to enable our effective participation and involvement.

The Discussion Paper is the first of several steps in the precinct planning process and an opportunity for the community to have a say on what they would like considered in planning for its future. It includes a draft vision and place-based principles for future development. Feedback provided on the Discussion Paper will inform the draft Orchard Hills Precinct Plan to be prepared by the Department in 2023. The DPE notes that ideas presented in the Discussion Paper are preliminary only and will continue to be refined as they analyse feedback received, and additional technical studies are undertaken.

Council will have a further opportunity to provide feedback on the rezoning package when released by DPE according to its program, which is likely to occur in mid-2023.

A copy of the Orchard Hills Precinct Discussion Paper is provided at Attachment 4.

Comments on the Orchard Hills Discussion Paper

The draft submission (Attachment 2) is broadly in support of the proposed vision and key planning principles for Orchard Hills as outlined in the Discussion Paper.

In summary, the draft submission sets out some of our expectations for Orchard Hills, including:

· Alignment with Council’s strategic planning frameworks and endorsed local strategies

· Continued collaboration between DPE and Council to strategically plan for the appropriate and timely delivery of quality public spaces and infrastructure for the community.

· Certainty around infrastructure delivery and the need to have Contributions Plans, funding strategy and Development Control Plan resolved and finalised concurrently with the rezoning process

· Identification of appropriate density for housing and jobs through the precinct planning process, informed by an evidence-based ratio. Council's endorsed Local Housing Strategy estimates potential for approximately 6,000 dwellings. This assumes a mix of higher and medium density dwellings, with overall densities similar to Tallawong and Thornton Central. Council’s endorsed Employment Lands Strategy identifies a need for local employment lands in Orchard Hills, to create opportunities for urban services as well as local small and medium businesses, retail and population serving jobs in the centre

· Provision of a full range of social, cultural, and recreational infrastructure to serve the new community

· Investment in transport infrastructure that would support growth of this precinct, such as the reclassification of Luddenham Road to a State road and its immediate upgrade, as well as upgrading of the Werrington Arterial Stage 2

· Provision of employment areas for a local centre, including a recommendation for employment lands at the intersection of Kent Road and M4 Motorway, and near The Northern Road to the west of Orchard Hills

· Resolving infrastructure interdependencies and funding for Orchard Hills North, including the North-South Road

· Delivery of a sustainable and resilient urban environment, having regard to emissions reduction, urban heat mitigation and tree canopy provision

· Genuine community and Council engagement, including allowing sufficient timeframes for input and incorporating feedback from the Community Commissioner

· Provision for Emergency Services infrastructure to support projected population growth and enable continued quick response times across the Penrith LGA

· More reasonable timeframes for rezoning as the ones outlined within the Discussion Paper are ambitious and lead to the delivery of an incomplete rezoning package and associated issues with roll out of development

· Full examination of how affordable housing will be provided. Details of how affordable housing will be developed and funded in the future should be included as part of the future rezoning package.

In addition, the draft submission seeks clarity around proposed planning outcomes for particular neighbourhoods and details more specific comments and recommendations concerning:

· Mapped Cumberland Plain Conservation Plan Avoided Lands

· Riparian corridors

· Transitional area/rural entry gateway precinct

· Orchard Hills Local Centre in context (housing and employment)

· Local employment opportunities

Financial Implications

While there are no direct financial implications associated, this report does highlight specific concerns relating to infrastructure delivery, forecast growth and the potential implications this will have for St Marys and Orchard Hills. Funding strategies for delivery of infrastructure in St Marys and Orchard Hills will be identified as Precinct and Masterplans are developed.

Risk Implications

If Council does not provide submissions to the Draft GPEC Strategic Framework and the Orchard Hills Discussion Paper, the risk is that Council’s concerns and comments will not be fully understood and considered in finalising the GPEC Framework and will not be incorporated into future precinct planning for Orchard Hills.

Conclusion

The Draft Greater Penrith to Eastern Creek (GPEC) Strategic Framework and the Orchard Hills Discussion Paper were placed on public exhibition by the Department of Planning and Environment (DPE) in late 2022. Councillors were briefed on draft submissions in response to the exhibited documents on 20 February 2023. Feedback received following the briefing has been incorporated into the attached submissions. It is recommended that Council endorse the attached submissions on the Draft GPEC Strategic Framework and Orchard Hills Discussion Paper and forward copies to the DPE by 28 February 2023 (as agreed by the DPE).

The Draft GPEC Strategic Framework reinforces the strategic importance of St Marys Town Centre as a priority urban renewal area in the short term. Council will continue working with the community and state agencies on the strategic planning for St Marys through the development of the St Marys Town Centre Master Plan and future stages of the St Marys strategic planning pathway.

The Orchard Hills Discussion Paper presents a sound overview of the opportunities and future direction for growth and development and will continue to be refined through detailed precinct planning.

Whilst broadly supportive of the Draft Strategic Framework and Discussion Paper, the submissions highlight Council’s specific concerns relating to infrastructure delivery, forecast growth and the potential implications for St Marys and Orchard Hills, and seek refinements in the finalisation of the GPEC Strategic Framework and preparation of the Orchard Hills Precinct Planning in this regard.

Council officers will work closely with the DPE to implement relevant actions of the GPEC Framework and through the precinct planning process for Orchard Hills. Councillors will continue to be briefed on this work as it progresses.

RECOMMENDATION

That:

1. The information contained in the report on Endorsement of the submissions on the draft GPEC Strategic Framework and Orchard Hills Discussion Paper be received.

2. Council endorse the submission to the Draft Greater Penrith to Eastern Creek (GPEC) Strategic Framework provided at Attachment 1 and forward a copy to the Department of Planning and Environment by 28 February 2023.

3. Council endorse the submission to the Orchard Hills Discussion Paper provided at Attachment 2 and forward a copy to the Department of Planning and Environment by 28 February 2023.

ATTACHMENTS/APPENDICES

1. ⇩	Penrith City Council Submission on Draft GPEC Strategic Framework	21 Pages	Attachments Included
2. ⇩	Penrith City Council Submission on Orchard Hills Discussion Paper	8 Pages	Attachments Included
3. ⇩	Draft Greater Penrith to Eastern Creek (GPEC) Strategic Framework	81 Pages	Attachments Included
4. ⇩	Orchard Hills Discussion Paper	29 Pages	Attachments Included

Ordinary Meeting 27 February 2023

Draft Voluntary Planning Agreement - Microsoft Datacenter Kemps Creek

Compiled by: Natalie Stanowski, Principal Planner

Authorised by: Natasha Williams, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

Landowner & Proponent: Microsoft Datacenter (Australia) Pty Ltd

Executive Summary

This report seeks Council’s endorsement to notify a draft Voluntary Planning Agreement (VPA) sought by Microsoft Datacenter (Australia) Pty Ltd to support the delivery of infrastructure within the Mamre Road Precinct. The parties to the VPA are Microsoft Datacenter (Australia) Pty Ltd and Penrith City Council.

The site, whilst located in the Mamre Road Precinct, is not subject to a Development Contributions Plan, as it was excised from the Mamre Road Precinct Development Contributions Plan 2022 (Mamre Precinct CP). The site was excised from the Mamre Precinct CP as the approval for the initial subdivision on the site and enabling works such as earthworks and road construction under State Significant Development (SSD 9522), was approved by the Department of Planning and Environment (DPE) ahead of the finalisation of the Development Control Plan (DCP) and Draft Mamre Precinct CP and only included payment of contributions under Council’s s7.12 plan for non-residential development.

The draft VPA proposes a monetary contribution of $8,423,505.96 towards open space, including embellishment and landscaping embellishment to be spent within the Mamre Road Precinct. The value of the monetary contribution is equivalent to charges that would otherwise be applied if the Mamre Precinct CP applied to the land. The draft VPA contributions are over and above contributions that will be collected under the Mamre Precinct CP.

The draft VPA has been prepared in accordance with the adopted Penrith Developer Infrastructure Agreements Policy (PDIAP).

This report recommends that Council endorse the draft VPA to be placed on public notification. Should Council endorse the draft VPA, it will be publicly notified in accordance with the Environmental Planning and Assessment Regulation 2000 and PDIAP.

Background

The VPA offer has been submitted to collect development contributions for the future development of a data centre within the approved industrial estate “The Yards” located at 657-769 Mamre Road, Kemps Creek. Specifically, the VPA offer applies 769 Mamre Road, Kemps Creek, known as Lot 2 DP 1271142.

The VPA will apply to the development of the land in accordance with any future development consent and includes, but is not limited to, SSD 10101987 for works and development of land as a data centre.

Development not previously approved under SSD 9522

Development approved under SSD 9522 was for the initial subdivision on the site and enabling works such as earthworks and road construction. Contributions were sought via a 1% levy charged on the total cost of works under Councils s7.12 plan for non-residential development. However future development applications for new buildings within the estate will also need to contribute to infrastructure within the Mamre Road Precinct.

Development Consent cannot be granted unless a CP or VPA are in place

Under the Environmental Planning and Assessment Regulations 2000, a contributions plan or VPA needs to be in place prior to development consent being issued. Therefore, in the absence of an adopted Contributions Plan, development consent for future development as part of SSD10101987 cannot be issued until a VPA is executed.

The VPA Offer

The landowner proposes to pay development contributions totalling $8,423,505.96 to Council, which reflects the contribution that would have otherwise applied to the developable land if the site had been included in the Mamre Precinct CP. This is the same approach as endorsed by Council on 26 September 2022 under the same circumstances for landowner Altis Frasers.

The contributions payable under this VPA will be applied to landscaping and open space embellishment within the Mamre Road Precinct above what is included in the CP.

The timing of the payment of the monetary contribution will be prior to the issuing of the relevant Construction Certificate (CC) for the development.

Assessment of Offer

A review of the offer has been undertaken in accordance with the PDIAP and this review has been considered by Council’s Local Infrastructure Contributions Working Group (LICWG) at its meeting of 26 April 2022.

It is considered that the draft VPA provides public benefit by providing a monetary contribution towards landscaping and open space embellishment that will fund the delivery of important community assets in the Mamre Road Precinct. This recreational infrastructure will be utilised by future employees in the Mamre Road Precinct as well as being accessible to the broader community. As the site has been excised from the Mamre Precinct CP, a VPA is the only mechanism available to ensure future development contributes to the provision of important recreational infrastructure. Therefore, the offer to make a monetary contribution based on rates equivalent to the Mamre Precinct CP is considered acceptable.

The draft VPA has been prepared in accordance with the PDIAP and has been reviewed by Council’s Legal Services Team who have provided advice that the draft VPA can be placed on public notification subject to Council’s endorsement.

Financial Implications

The draft VPA proposes a monetary contribution that will fund landscaping and open space embellishment in the Mamre Road Precinct. This monetary contribution is equivalent to the rate that would be charged under the Mamre Precinct CP, however, the proposed draft VPA contributions are over and above contributions that will be collected under the Mamre Precinct CP. The draft VPA provides a mechanism for the collection of development contributions and ensures infrastructure costs are paid for by the landowner and not Council.

Risk Implications

Any risks to Council have been limited through the negotiation of the letter of offer in accordance with Council’s PDIAP and the review of the draft VPA by Council’s Legal Services team.

The draft VPA includes security provisions including that the VPA is to be registered on title and that a CC cannot be issued until the required monetary contributions have been paid.

Next Steps

Should Council endorse the draft VPA, it will be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and PDIAP. Notification will include publishing the draft VPA on Council’s Your Say page and the DPE Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the notification period, if any submissions are received in response, a further report will be prepared for Council. This report will provide details of submissions received and seek the endorsement of the execution of the draft VPA, where any issues raised have been addressed. Where no submissions are received, the draft VPA will be executed.

Conclusion

The draft VPA proposes a monetary contribution to fund landscaping and open space embellishment in the Mamre Road Precinct. The value of the monetary contribution is equivalent to the rate that would be levied under the Mamre Precinct CP.

The draft VPA has been reviewed by Council’s Legal Services Team who have provided the advice that the draft VPA can be placed on public notification subject to Council’s endorsement. Therefore, it is recommended that Council endorse the draft VPA to be placed on public notification in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

RECOMMENDATION

That:

1. The information contained in the report on Draft Voluntary Planning Agreement - Microsoft Datacenter Kemps Creek be received.

2. Council endorse for notification, the draft Voluntary Planning Agreement for 769 Mamre Road Kemps Creek, provided as an attachment to this report.

3. A further report be prepared for Council following the notification of the draft VPA, if submissions are received and amendments to the draft VPA are proposed.

4. Council endorse the Voluntary Planning Agreement for 769 Mamre Road Kemps Creek, for execution, where no submissions are received during the notification and no amendments are proposed.

5. If the Voluntary Planning Agreement is to be executed, Council authorise the General Manager to finalise and sign the Voluntary Planning Agreement and make any minor amendments where necessary to ensure its legality (e.g., typographic errors, dates, etc.).

6. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Voluntary Planning Agreement- Microsoft Datacentre

38 Pages

Attachments Included

Ordinary Meeting 27 February 2023

Submission to the Draft Shelter-in-place Guidelines and the Explanation of Intended Effects for proposed Special Flood Consideration Clause

Compiled by: Abdul Cheema, City Planning Coordinator

Natasha Williams, City Planning Manager

Adam Wilkinson, Engineering Services Manager

Authorised by: Kylie Powell, Director - City Futures

Andrew Jackson, Director - Development and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Influence state planning policies and legislation to ensure it responds to our land use vision and the needs of our community

Executive Summary

This report seeks Council’s endorsement on a submission to the Draft Shelter-in-place (SIP) Guidelines and Explanation of Intended Effects for a proposed Special Flood Consideration clause (EIE).

The documents were exhibited by the Department of Planning & Environment (DPE) between 17 January 2023 and 14 February 2023. A request was made to the DPE seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor feedback. The DPE response was that they noted the issue of the council meeting date but asked that a draft submission be made by the exhibition closing date. However, following feedback from other stakeholders, the exhibition was extended for a further 2 weeks until 28 February 2023.

A memorandum was provided to Councillors on 25 January 2023 informing them of the exhibition.

The proposed guidelines and policy amendments are a part of ongoing strategies to improve floodplain management and response throughout NSW.

This report recommends that Council endorse the submission on the Draft Shelter-in-place Guidelines and Explanation of Intended Effects for a proposed Special Flood Consideration clause provided at Attachment 1 and submit it to the DPE for their consideration.

Background

Flood Prone Land Package

On 14 July 2021, legislation amendments known as the Flood Prone Land package came into effect. The purpose of the amendments was to provide advice to councils on considering flooding in land use planning. The amendments emphasised the importance of managing flood risk up to and beyond the 1 in 100-year flood as well as considering flood risks up to the Probable Maximum Flood (PMF) level. The amendments were in response to significant flood events that occurred in NSW within the past two years.

The amendments among other things included:

· A compulsory new clause 5.21 regarding Flood Planning

· An optional Clause 5.22 related to Special Flood considerations

· Notations on Planning Certificates

It should be noted that at Council’s Ordinary meeting of 26 July 2021, Council endorsed that the Special Flood Consideration clause (5.22) is not adopted by Council until such time the work being undertaken by DPE and INSW in relation to landuse planning in the Hawkesbury Nepean Catchment is complete.

2022 NSW Flood Inquiry

In March 2022, the NSW Government commissioned an independent expert inquiry into the preparation for, causes of, response to and recovery from the 2022 catastrophic flood event across the state of NSW. The Inquiry made 28 recommendations across a broad range of areas, including emergency management arrangements, land management and planning, equipment and technology, capacity and capability building and research.

The DPE is working with other government agencies and key stakeholders, like councils, on the implementation of the government's response to the report as part of its commitment to ensuring there is greater resilience in communities across NSW.

Current Situation

The Department of Planning is currently consulting on the following two policies until 28 February 2023

a) Draft Shelter-In-Place Guidelines: The draft Shelter-in-place Guideline will provide guidance for the community, councils and consent authorities about when shelter-in-place can be used as an alternative to evacuation off-site/out of the floodplain. This guideline outlines considerations for council development control plans and development approvals.

b) Proposed Special Flood Considerations Clause: In response to the recommendations of the independent 2022 NSW Flood Inquiry, DPE is now seeking feedback on applying clause 5.22 to all NSW councils, by inserting the clause in either all NSW council LEPs; or the State Environment Planning Policy (Resilience and Hazards) 2021. The changes will apply additional planning controls to land at risk of flooding. Council currently applies flood related controls on land below the flood planning level (1% AEP plus freeboard). The introduction of clause 5.22 would impose flood related development controls for those listed landuses on land above the flood planning level up to the PMF.

These policies are discussed below in detail.

Draft Shelter-In-Place Guidelines

The department is consulting on this draft shelter-in-place guideline with the intention that, once finalised, there will be clear and consistent guidance available to councils and consent authorities about when shelter-in-place can be used as an alternative to off-site evacuation for emergency management in flood events.

Following is a summary of the information provided during the consultation period.

· This draft SIP guideline should be read in conjunction with Sections A and D of the Support for Emergency Management Planning - Flood Risk Management Guide EM01 which provides advice on emergency management, including the consideration of shelter in place.

· Planning for flood emergencies requires an understanding of the full range of flood behaviour up to the probable maximum flood (PMF). This is achieved through flood studies, floodplain risk management studies and plans by the state and local government, and flood plans developed by the NSW SES. The flood emergency planning process determines the most appropriate risk management strategy for each community.

· Currently, SIP in infill developments is being approved on an ad hoc basis (part of a merit-based assessment of each development), while it is not considered an acceptable flood management approach in greenfield areas or large-scale urban renewal.

· SIP is an emergency management response, especially when the flood warning time and flood duration are both less than six hours (typically called flash floods).

· Councils can develop SIP-related controls for their Development Control Plans (DCP) and apply those controls when assessing Development Applications.

· The DPE proposes the following when considering whether to apply SIP controls, noting that evacuation off-site is always preferrable. If this cannot be achieved, then SIP may be used if:

o The duration for flood inundation is less than six hours

o The development is not located in an area of high-risk (eg, floodways and H5 or H6 flood hazard areas)

o Access to on-site systems to provide power, water and sewerage services during and beyond the event for the full range of flooding

o The location of storage of food, water and medical emergency for SIP purposes should be above the PMF level and available during and beyond the event for the full range of flooding

o SIP floor level is above PMF

o SIP provides a minimum floor space per person

o SIP must be structurally safe and accessible during floods up to the PMF.

Comments:

The following comments are provided that are included in Council’s submission to DPE.

· In principle support for the guideline as it is a pragmatic approach to emergency management and in certain circumstances SIP is considered suitable.

· Penrith’s Flood behaviour in recent years has proven that it is unlikely that we could effectively use SIP. The majority of Penrith, including the entire Hawkesbury-Nepean Catchment, cannot satisfy the flood inundation timeframes due to majority of flood affected lands being considered high hazard.

· The guideline is pre-emptive of a whole host of work that is required in the Hawkesbury Nepean River including:

· The Regional Land Use Planning Framework (to be completed by DPE and Infrastructure NSW) to consider the existing and future planned population to determine the risk to life and evacuation capacity. 

· Develop a fit-for-purpose regional evacuation model that identifies evacuation capacity constraints for different areas in the Valley (to be prepared by Roads and Maritime Services). It is noted that the FEM2 is currently being undertaken by the State Emergency Services (SES). A Geographical Information Services (GIS) layer will be required by councils to assess any proposal as required by the proposed changes. 

· Undertake a contemporary regional flood study to identify the current flood hazards from riverine flooding based on a new fit for purpose and accessible regional flood model (to be prepared by Hawkesbury-Nepean Valley Flood Risk Management Directorate – the Directorate). NOTE: Draft but not finalised

· Review of the NSW Floodplain Development Manual (to be undertaken by DPE).  NOTE: Draft but not finalised

· The utilities and services available to land above the PMF are limited. We are requesting further clarification on what a temporary sewerage solution would look like for land within the PMF.

· If the guideline criteria were embedded into the Development Control Plan (DCP), will it become a matter for consideration in all developments. Developers’ preference will be for SIP even though evacuation is the primary response strategy for flooding.

Proposed Special Flood Considerations Clause

The special flood considerations clause would apply to:

· Sensitive and hazardous development on land between the flood planning area and the probable maximum flood. Examples of Sensitive and hazardous development include caravan parks, hospitals and seniors housing, boarding houses etc.

· Land the consent authority considers that, in a flood, may pose a particular risk to life and where people may need to evacuate or there are other safety concerns.

The following are proposed.

· Amend 32 councils’ LEPs by inserting clause 5.22 (Special Flood Consideration Clause) of the Standard Instrument—Principal Local Environmental Plan (It should be noted that Penrith did not opt in so not applicable – In accordance with Council’s resolution of 26 July 2021)

· Seek feedback from Councils on whether to:

· insert Cl5.22 into the Resilience and Hazard SEPP

· insert Cl5.22 into all Council’s LEPs

· Housekeeping to 11 Council LEPs (Not applicable to Penrith)

The EIE states that feedback on the two options above for Cl5.22 are in response to Recommendation 21 of the NSW Independent Flood Inquiry which provides a range of suggestions to simplify the planning system disaster provisions.

At Council’s Ordinary meeting of 26 July 2021, a submission was endorsed by Council in relation to the flood-prone land planning package and the Special Flood Consideration Clause above. Council’s recommendation was “that the Special Flood Consideration clause is not adopted by Council until such time the work being undertaken by DPIE and INSW in relation to landuse planning in the Hawkesbury Nepean Catchment is complete. Council will be unable to make an informed decision about the use of this clause until this work is complete.” As the work being undertaken by the Department and INSW is not complete, Council would still be in the same position of being unable to make an informed decision about the clause.

Comments:

· The EIE’s overall intention of the proposal to amend the Resilience and Hazards State Environmental Planning Policy (SEPP) is confusing.

· There is extensive reliance on the support of the EIE for DPE to push through with making the initial ‘optional’ Cl5.22 clause now mandatory for all Council LEPs. Furthermore, it seems that the Department is relying on this Recommendation 21 of the NSW Independent Flood Inquiry to push through with making the optional Cl5.22 now mandatory.

· The pursual of the amendment is contradictory to the initial response to the intended recommendation 21 from the flood enquiry being for further work and consultation required by DPE and INSW in relation to land-use planning in the Hawkesbury-Nepean Catchment.

· Council’s previous submission to the Flood Prone Land Package dated 3 August 2020 which proposed the introduction of the Cl5.22 Special Flood Consideration clause was that we would not support the package until further work was undertaken as outlined above in the comments under the SIP section. Our position on this remains unchanged until all broader flood work has been completed and evidence-based decisions can be made.

· Our position remains strong that clause Cl5.22 should only be an opt-in proposition as previously proposed. However, if clause Cl5.22 is indeed made mandatory, our preference is to for it to be inserted into LEPs rather than the SEPP so council can have control to better manage the intention of the clause along with other clauses in our LEP and the flow on effect of development controls in respective DCPs.

· Council currently applies flood related controls on land below the flood planning level (1% AEP plus freeboard). The introduction of clause 5.22 would impose flood related development controls for those listed landuses on land above the flood planning level up to the PMF. The special clause will in effect prohibit development that is currently permissible on land, and the effect of which would not be clear on s10.7 certificates.

· The EIE introduces development controls to land between the flood planning area and the PMF, requiring Council to undertake a significant review of notations provided on s10.7 Planning Certificates.

· The EIE has not provided a clear explanation on the proposal to amend the 32 listed LEPs if the intention is to insert the clause into the SEPP or LEP irrespectively.

Financial Implications

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

Risk Implications

There is a risk that Council’s concerns and comments will not be fully considered.

Conclusion

DPE recently exhibited a Draft Shelter-in-place (SIP) Guidelines and Explanation of Intended Effects for a proposed Special Flood Consideration clause. The proposed guidelines and policy amendments are a part of ongoing strategies to improve flood management and response throughout NSW.

Whilst it is encouraging that the recommendations of the Flood Enquiry are being implemented, the Hawkesbury Nepean Catchment is unique. It requires a number of studies and strategies (in particularly flood evacuation modelling) to be completed by the NSW Government to inform evidence-based decisions about flood, flood risk and land use planning on the floodplain. Council again finds itself in a position needing to implement new legislation that has unfortunately pre-empted the completion of this critical body of work.

It is recommended that Council endorse the submission at Attachment 1, which will then be provided to the DPE for their consideration.

RECOMMENDATION

That:

1. The information contained in the report on Submission to the Draft Shelter-in-place Guidelines and the Explanation of Intended Effects for proposed Special Flood Consideration Clause be received.

2. Council endorse the submission provided at Attachment 1 to this report, and submit it to the DPE for their consideration.

ATTACHMENTS/APPENDICES

1. ⇩

Submission to Shelter-in-Place Guidelines and Special Flood Consideration Clause

12 Pages

Attachments Included

Ordinary Meeting 27 February 2023

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 and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Guide sustainable quality development outcomes for the community through expert advice, transparent, efficient assessment, policy input and continuous improvement

Executive Summary

Council is in receipt of an inspection report from Fire and Rescue NSW concerning fire safety issues at 2215-2227 Castlereagh Road, Penrith. The premises was inspected by Fire and Rescue NSW following concerns received. Schedule 5, Part 8, Clause 17 of the Environmental Planning and Assessment Act, 1979 (the Act) requires any report or recommendations to Council resulting from an inspection by Fire and Rescue NSW to be reported to a Council meeting.

It is recommended that Council proceed to Serve an Order to rectify identified fire safety issues if the Notice to Serve an Order already issued is not satisfactorily responded to. It is also recommended that Fire and Rescue NSW be advised of Councils’ decision and officers continue to monitor the premises as part of Council’s Fire Safety Program to ensure that essential fire safety measures are being maintained.

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 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 premise under Schedule 5, Part 8, Clause 17 of the Act, a report must be reported 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 inspection are summarised in the following table:

Premises

Fire and Rescue NSW comments

Council Work required

2215-2227 Castlereagh Road, Penrith

FRNSW inspected the site and identified the following issues:

· Portable fire extinguishers were obstructed.

· Fire exits were obstructed with cardboard boxes and bins.

· A fire exit door did not have a compliant latch.

· The main entrance and fire exit door was not readily openable without a key. Customers were being locked in after store closing hours and couldn’t easily get out.

· The AFSS was not on display within the building.

An inspection was undertaken by a Council Officer on 31 January 2023.

Matters of a minor nature had been rectified since the inspection conducted by Fire and Rescue NSW however some matters remained outstanding. Additional matters were also identified by the Council Officer.

A Notice of Intention to Serve an Order has been issued to the Owner of the premises to rectify the outstanding items.

Should these matters not be addressed a Fire Safety Order No.1 is recommended to be issued.

Financial Implications

There are no financial implications 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 in an effort to ensure that they are addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor this property as part of its Fire Safety Program and proceed to serve an Order if the matters identified in the Notice of Intention to Serve an Order issued to the owner aren’t responded to adequately is the required timeframe.

RECOMMENDATION

That:

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

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

3. The Owner of the premises be Ordered to rectify the outstanding items should they not be rectified within the timeframe specified on the issued Notice of Intention to Serve an Order.

4. Council continue to monitor the premises as part of its Fire Safety Program.

ATTACHMENTS/APPENDICES

1. ⇩

Fire & Rescue NSW letter

3 Pages

Appendix

Ordinary Meeting 27 February 2023

WestInvest Fund Community Contested Round - Grant Acceptance

Compiled by: Glenn McCarthy, Governance Manager

Authorised by: Stephen Britten, Chief Governance Officer

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Executive Summary

The Hon. Matt Kean MP, Treasurer, has advised by correspondence dated 1 February 2023 that $152.35 million has been awarded to Council from the WestInvest Fund grant program (Community Competitive Round). This is in addition to the $28 million (net of application costs) previously awarded to Council from the WestInvest Local Government Direct Round towards projects at both St Marys ($21 million) and Gipps Street Recreation Precinct ($7 million). The grant funding that has been awarded is for the full amounts requested and, in some cases, additional funding has been provided to recognise cost escalation and contingencies identified during the assessment process.

The grants are subject to Council entering into a funding deed with the NSW Government for each project, noting Council has not yet received funding deeds for any of its successful applications in either the Direct or Community Competitive Round.

This report recommends that the information be received, Council endorse acceptance of the grants for the projects listed, authorise the General Manager to negotiate the terms of the funding deeds for all projects and a letter of appreciation be provided to the NSW Government.

Background

The NSW Government has committed $5 billion to the WestInvest Fund for amenity building infrastructure projects in 15 local government areas in Western Sydney over four years. $3 billion is available to NSW Government agencies to deliver transformational projects that will benefit local communities. $2 billion is allocated for “priority community projects” as follows:

• $400 million Local Government Direct Round – allocated on a minimum plus pro-rata basis to Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canterbury-Bankstown, City of Parramatta, Cumberland, Fairfield, Hawkesbury, Liverpool, Penrith, Strathfield, the Hills and Wollondilly Councils

• $1.6 billion Community Contested Round - open to non-government organisations, including community groups, not-for-profits, Local Aboriginal Land Councils and local councils.

Penrith Council’s allocation from the Local Government Direct Round is $28 million and a further 35 applications were prepared and submitted in the Community Contested Round.

Current Situation

Two applications were submitted to the WestInvest Local Government Direct Round:

St Marys Central Park and Entertainment Canopy

Gipps Street Recreation Reserve

As reported to Council’s 31 October 2022 Ordinary Meeting, The Hon. Matt Kean MP, Treasurer, confirmed that $28 million has been awarded to Council from the WestInvest Fund grant program (Local Government Direct Round) towards projects at both St Marys ($21 million) and Gipps Street Recreation Precinct ($7 million). The grant funding that has been awarded is for the full amounts requested, subject to Council entering into a funding deed with the NSW Government for each project.

A further 35 applications were submitted to the Community Competitive Round and of those, the following 8 applications were announced on 1 February 2023 as successful and will now move through to preparation of funding deeds.

Description	Amount of approved funding
Indoor Multi-Sport Stadium	$106,730,000
Cook Park Precinct Sport, Play, Grandstand & Mixed Recreation	$19,120,000
City Park Urban Retreat	$8,230,000
Playspace Network Upgrades (21 x Playspaces)	$7,560,000
Nursery Upgrade and Cumberland Plain Improvement Project	$5,060,000
Parker Street Reserve Sport and Recreation Precinct	$2,450,000
Andromeda Oval Storage, Sports Surface & Carpark Improvements	$1,700,000
Bennett Park Skate & Mixed Recreation Space	$1,500,000

Financial Implications

This report outlines successful grant funding for eight projects from the NSW Government’s WestInvest Program. These grants will provide Council with the opportunity to construct new facilities and upgrade existing facilities, improve standards, access, and amenity in line with Council’s plans, programs and strategies.

No co-contribution is required as part of the WestInvest Program.

The combined estimated annual operational and maintenance cost for all projects in the recommendation is $3.8 million per annum based on Council’s Budget Guidelines. The future asset replacement cost is estimated at $283 million based on a 20-year useful life value and an estimated LGCI index of 3.5%.

Due to the various elements that make up this broad range of transformational projects, the operational costs will be reviewed as details of site needs and service levels become available.

The maintenance and operational requirements of the upgraded facilities will be reflected in Council’s Long Term Financial Plan and future asset maintenance and renewal budgets.

Risk Implications

The acceptance of such a significant amount of grant funding imposes a risk for Council in delivering the funded projects within budget and otherwise according to the funding deeds which have not been received and therefore are yet to be negotiated. The project risks will be managed by Council staff through risk management procedures.

Conclusion

Council’s success in gaining funding for the projects outlined in this report is due to the comprehensive work over several years to develop an advocacy strategy, including a list of priority projects needed for our growing city. This work, which provided sound evidence as to why infrastructure was needed, was used as the basis from which potential WestInvest projects were drawn. Projects submitted to the WestInvest Program have already been linked to outcomes in Council’s Community Strategic Plan and include projects identified in other strategies including the Local Strategic Planning Statement, Our River Master Plan, Sport and Recreation Strategy and Green Grid Strategy. Potential projects were considered against the WestInvest criteria and consistency with Council’s strategic plans. Council’s financial settings and impact on the long-term financial plan were also considered.

This release of this grant funding has provided Council with a unique opportunity to bring forward some priority projects to enhance liveability and amenity for the local community.

RECOMMENDATION

That:

1. The information contained in the report on WestInvest Fund Community Contested Round - Grant Acceptance be received

2. Council endorse acceptance of the grant awards for the following projects:

a. Indoor Multi-Sport Stadium ($106,730,000)

b. Cook Park Precinct Sport, Play, Grandstand & Mixed Recreation ($19,120,000)

c. City Park Urban Retreat ($8,230,000)

d. Playspace Network Upgrades (21 x Playspaces) ($7,560,000)

e. Nursery Upgrade and Cumberland Plain Improvement Project ($5,060,000)

f. Parker Street Reserve Sport and Recreation Precinct ($2,450,000)

g. Andromeda Oval Storage, Sports Surface & Carpark Improvements ($1,700,000)

h. Bennett Park Skate & Mixed Recreation Space ($1,500,000)

3. The 2022-2023 budget be adjusted to reflect the confirmation of the grants in this report.

4. The General Manager be delegated authority to negotiate the terms and conditions of the funding deed for each project

5. A letter of appreciation be issued to the NSW Government.

ATTACHMENTS/APPENDICES

There are no attachments for this report

Ordinary Meeting 27 February 2023

Acceptance of Grant Funding - Play and Sport Infrastructure

Compiled by: Andrew Robinson, Community Facilities and Recreation Manager

Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Authorised by: Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Executive Summary

Council Officers have received notice from both the NSW Government and Australian Football League that $130,000 of grant funding, from two grant programs, across 3 projects has been awarded to Council for the purpose of improving sport and play facilities in the City.

In accordance with Council’s Sport and Recreation Strategy, Council is contributing a total of $397,592 toward these projects.

The following list highlights the successful applications and the grant amount awarded:

- NSW Government Community Building Partnership 2022 Round

o $50,000 - Monfarville Reserve, St Marys - Playspace

o $50,000 - Gilmour Street Reserve, Colyton - Playspace

- Australian Football Facilities Fund (AFFF)

o $30,000 - Grey Gums Oval, Cranebrook – Drainage improvement project

The report recommends that Council endorse the acceptance of the grant amounts awarded, that grant funding agreements are signed, and letters of thanks are prepared to the relevant Ministers, State Members, the NSW Government, the Australian Football League (AFL) and AFL NSW/ACT.

Background

Council’s 2020 Sport and Recreation Strategy, provides a framework and project resource allocation that allows Council Officers to prioritise the planning and delivery of sport, recreation, play and open space projects across the City.

This framework creates opportunities for Council Officers to leverage Council resources and be proactive in seeking additional funding, through grant opportunities, to ensure the best value community outcome possible is delivered, in this case for two playspace projects and one sports project at Monfarville Reserve, St Marys; Gilmour Street Reserve, Colyton; and Greygums Oval, Cranebrook.

Current Situation

Council Officers have made applications to the NSW Government Community Building Partnership Grant program, and the Australian Football Facilities Fund during the last eight months, with announcements recently being made.

NSW Government Community Building Partnership Program 2022 (CBP22)

The NSW Government’s 2022 Community Building Partnership Program (CBP22) opened for applications on 16 May 2022 and closed on 10 June 2022. The Program is designed to create more vibrant and inclusive communities by supporting projects that encourage community participation, inclusion, as well as deliver positive social and environmental, recreational outcomes. Successful applications were announced on 25 November 2022 and projects must be completed by 31 March 2024.

Council submitted and were successful in the following 2 projects:

Monfarville Reserve Playspace, St Marys 

Council Officers successfully applied for a $50,000 grant, with contributions of $250,000 from Council's budget included in the current five-year Sport and Recreation Strategy program. The full amount of the grant requested was awarded and will enable a playspace to be delivered that meets Everyone Can Play guidelines. The final design, subject to community engagement, will include:

o Variety of new play equipment

o Shade

o Seating with shaded picnic tables

o Pathway connections

o Landscaping and tree planting.

Gilmour Street Reserve Playspace, Colyton

Council Officers successfully applied for a $50,000 grant to the support $120,000 from Council’s budget included in the current five-year Sport and Recreation Strategy program. The full amount of the requested grant was awarded and will enable a playspace to be delivered that meets Everyone Can Play guidelines. The final design, subject to community engagement, will include:

o Additional play equipment

o Accessible park furniture

o Landscaping and tree planting.

Council has also been awarded a grant towards the upgrade of Gilmour Street Reserve, Colyton playspace, within the NSW Government WestInvest community contested component, as part of the successful application to upgrade 21 playspaces across the City.

Australian Football Facilities Fund (AFFF)

Following the major flooding in 2022, Council Officers developed a scope of works to install new and improved drainage at Greygums Oval, Cranebrook as a means of improving the quality of the playing surface. Greygums Oval, the premier AFL facility in the city was unused for the Winter 2022 due to sustained water damage which prevented maintenance.

The AFFF provides funding to contribute towards funding the improvement of existing or provision of new football facilities, with a focus on maximising the carrying capacity of existing venues and the quality / functionality of their supporting infrastructure. The program is administered by both national Australian Football League (AFL) and AFL NSW/ACT.

In consultation with AFL NSW and the local AFL Clubs, Council Officers successfully applied for $30,000 grant in the Australian Football Facilities Fund (AFFF) to install new perimeter drainage and reinstate the natural drainage swale at the southern end of the main oval. Council will contribute $27,592 from the Parks Asset Maintenance budget towards the project. The full amount of the grant requested was awarded and will enable the following scope of works to be delivered:

o Excavation and trenching at the southern perimeter of the main oval

o Installation of new drainage pits, lines and aggregate

o Reinstate existing and construct new natural swales to redirect water away from the playing fields

o Replacement of external turf and reinstatement of trenches.

Financial Implications

This report outlines the successful grant funding through NSW Government Community Building Partnerships 2022 and the Australian Football Facility Fund.

Grant programs provide Council with the opportunity to leverage existing funding to upgrade the facilities and improve standards, accessibility, and participation in line with Council’s plans, programs and strategies.

Where co-contribution of funding has been identified as part of the project budget, these will be accommodated through Council’s existing programs and reserves including Parks Asset Renewal Program, Neighbourhood Renewal Program, Local Open Space Developer Contributions Plan and the Sport and Recreation Reserve.

The estimated annual operational and maintenance cost for the Monfarville Reserve Playspace project is $7,500 and the future asset replacement cost is estimated at $596,937. The estimated annual operational and maintenance cost for the Gilmour Street Reserve Playspace project is $4,250 and the future asset replacement cost is estimated at $338,264. This is based on a 20-year useful life value and an estimated LGCI of 3.5%. The estimated annual operational and maintenance cost for the Grey Gums Oval Drainage & Playing Surface Improvement Project is estimated at $1,440.

The maintenance and operational requirements of the upgraded facility will be reflected in Council’s future asset maintenance budgets and asset renewal programs as per Council’s Budget Guidelines.

Risk Implications

There are no significant risks for Council associated with this report. All project risks will be managed by Council staff through risk management procedures.

Conclusion

Council’s Sport and Recreation Strategy identified $125m will be invested in 82 projects across the Local Government Area by 2024. Investment in the play and sport infrastructure At Monfarville Reserve, Gilmour Street Reserve and Greygums Oval will meet strategic and community need, ensure Everyone Can Play guidelines are implemented, and provide for more sustainable and useable playing surface.

RECOMMENDATION

That:

1. The information contained in the report on Acceptance of Grant Funding - Play and Sport Infrastructure be received

2. Council endorse both the $130,000 offered from the NSW Government and Australian Football League and signing funding agreements for projects at:

- NSW Government Community Building Partnership 2022 Round

o $50,000 - Monfarville Reserve, St Marys - Playspace

o $50,000 - Gilmour Street Reserve, Colyton - Playspace

- Australian Football Facilities Fund (AFFF)

o $30,000 - Grey Gums Oval, Cranebrook – Drainage improvement project

3. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

4. Letters of thanks be sent to the relevant Ministers, State Members, The NSW Government, the Australian Football League (AFL) and AFL NSW/ACT.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

Naming a Cricket Oval at Boronia Park - Pat Yates Oval

Compiled by: Andrew Robinson, Community Facilities and Recreation Manager

Authorised by: Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Manage and facilitate the use of community, sport, recreation and open space facilities

Executive Summary

The purpose of this report outlines that representation has been received from Mr Adam Coleman, Secretary of the Nepean District Cricket Association, requesting the naming of a cricket ground, recognising Mr Pat Yates for his significant contribution to the sport of cricket in the Penrith Local Government Area. Pat Yates has been involved in cricket in the Penrith Local Government Area for over 65 years as a player or administrator.

It is proposed that the cricket ground at Boronia Park, 11 Boronia Road, North St Marys - Lot 11 DP 566394 (aerial map attached to this report), is named Pat Yates Oval.

This report recommends that the information be received and that Council endorse the naming proposal and that a sign denoting the name of the oval be installed.

Background

A request has been received from Mr Adam Coleman, Secretary of the Nepean District Cricket Association to name a sports ground after Pat Yates in recognition of his contribution for many years to cricket in the Penrith Local Government Area.

Council has a Naming of Parks and Reserve Policy which aligns with the Geographical Names Board (GNB) guidelines. Facilities within an officially assigned reserve, such as a pavilion, building or oval, does not require the formal approval of the GNB. The GNB does however, require notification of facility names to ensure the name, position and origin is recorded in the Spatial Services’ Digital Topographic Database and the name shown on maps, where relevant.

As the GNB are not required to approve the naming of a facility within a reserve, Council (by Council resolution) are able to endorse the naming and signposting of an oval. A previous example of this occurring is the naming of the ‘Bill Borg Mini-Fields’ at Peppertree Reserve, Erskine Park.

Current Situation

Pat Yates has been involved in cricket in the Penrith Local Government Area for over 65 years as a player or administrator.

Mr Yates started playing cricket for the St Clair Colts Cricket Club as a junior in the 1956/57 season and went on to play 500 games over 63 consecutive games up to the 2018/19 season. During this time, he played for St Nicholas, Emu Plains, Penrith RSL, Panthers and the Colyton St Clair Colts cricket clubs.

In addition to his time as a player, Mr Yates has also contributed to the sport of cricket by serving on multiple committees including St Nicholas for approximately seven years, the Panthers Committee, and the Colyton St Clair Colts Cricket Club committee, which he was also Secretary of from 1984-2000 and Chairman of Selectors for many years.

Since 1984/85 (30+ years) Mr Yates has also been a committee member on the Nepean District Cricket Association (NCDA) board, Competition Secretary since 1991/92 and President of the NDCA since 2000/01, all roles he is still in today.

Apart from Mr Yates’ achievements as a cricket player and a member of cricket committees, he has also been awarded:

· Life member status with the Colyton St Clair Cricket Club

· Life member status with the Nepean District Cricket Association

· 2003/04 - Penrith Valley Sports Foundation – Jim Anderson Award

· 2000 - Penrith City Council Wall of Achievement Award, in the category of Community Services.

Letters of support for naming a cricket facility honouring Pat Yates have been received from Cricket NSW and Penrith Junior Cricket Association (see attachments).

Financial Implications

Financial implications for Council associated with this report are the cost of installing a park naming sign which will be accommodated within existing operational budgets.

Risk Implications

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

Conclusion

Given the contributions made by Pat Yates to the local cricket sporting community it is considered appropriate that the cricket oval at Boronia Park in North St Marys be named in his honour.

It is understood that the Nepean District Cricket Association has agreed unanimously to this proposal.

RECOMMENDATION

That:

1. The information contained in the report on Naming a Cricket Oval at Boronia Park - Pat Yates Oval be received.

2. Council endorse the naming of the cricket oval at Boronia Park, 11 Boronia Road, North St Marys - Lot 11 DP 566394 as Pat Yates Oval.

3. Following Council endorsement, a sign denoting the oval name be installed.

ATTACHMENTS/APPENDICES

1. ⇩	Pat Yates Oval - Cricket NSW Letter of Support	1 Page	Appendix
2. ⇩	Pat Yates Oval - Penrith Junior Criket Association Letter of Support	1 Page	Appendix
3. ⇩	Pat Yates Oval - Aerial Map, North St Marys	1 Page	Appendix

Ordinary Meeting 27 February 2023

RFT22/23-10 Asbestos Consultancy Services

Compiled by: Adrian Estreich, Divisional Assurance and Security Operations Coordinator

Authorised by: John Gordon, City Presentation Manager

Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Ensure our public places are clean, safe, shaded, secure and accessible
Principal Activity	Improve the amenity of the City’s Public spaces

Executive Summary

A tender for ‘Asbestos Consultancy Services’ was advertised from 4 August 2022 on Apet360 and e-tendering websites and closed on Wednesday 7 September 2022.

This report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies listed in this report to form a “Panel of Approved Consultants” for the provision of asbestos consultancy services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

The specialist services being provided include Asbestos Hygiene Services and Environmental Assessment and Land Contamination.

Background

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

· compliance with SafeWork NSW requirements in relation to Asbestos Registers and Asbestos Management Plans

· responding to asbestos related incidents

· remediating asbestos contaminated sites.

To ensure Council complies with its legislative requirements and that the above situations are managed in a manner which protects the health and safety of our community and workers, Council is obligated to engage suitably qualified asbestos consultants to undertake a range of services. These include:

· undertake asbestos sampling

· undertake air and dust monitoring associated with asbestos work

· complete Clearance Inspections and Certificates in line with SafeWork NSW requirements

· complete asbestos risk assessments

· prepare Asbestos Registers and Asbestos Management Plans in line with SafeWork NSW requirements

· provide technical advice

· undertake environmental investigations on land to determine if it is impacted by asbestos and other contamination.

Council initially established an ‘Asbestos Consultancy Service’ panel in 2019. Over this period there have been 664 asbestos matters relating to Penrith City Council’s building and land assets. Council relies on the services of asbestos consultants to keep workers and the community safe. As such, the quality of their work and methodologies they employ are critical to outcomes achieved when managing asbestos. In addition, it is vital that the consultants have the relevant licenses and professional qualifications. This includes (but is not limited to) an Asbestos Assessor License from SafeWork NSW.

To ensure that Council complies with our legislative requirements, the tender aimed to establish two panels, as outlined below:

Asbestos Hygiene Services - Panel One

· Clearance Inspections and Clearance Certificates

· Urgent Asbestos Sampling (including same day results where required by Council)

· Waste Classifications (including fast turnaround results)

· Asbestos Risk Assessments

· Air Monitoring

· Asbestos Registers and Asbestos Management Plans

· Technical advice relating to the above services.

Environmental Assessment and Land Contamination – Panel Two

· Asbestos Due Diligence Assessments

· Asbestos Sampling

· Contamination Due Diligence Assessments

· Preliminary Site Investigations

· Detailed Site Investigations

· Remedial Action Plans

· Validation Reports

· Environmental and Asbestos Management Plans.

Tenderers can be selected to be on one or both panels.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Adrian Estreich – Divisional Assurance and Security Operations Coordinator, Jonathan Page - Asbestos Management Officer, and Amy Attard, Divisional Assurance Support Officer. The panel was chaired by John Gordon - City Presentation Manager. Allyce Langton from Council’s Procurement Team performed the role of Tender Administration and Probity Officer for this tender.

Tender Evaluation Criteria

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

1. Demonstrated Ability

2. Financial

3. Employment Policies

4. Quality Assurance Systems

5. Environmental Management

6. Work Health & Safety.

Evaluation Process

The process for the evaluation of tenders was as follows:

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

2. Assessment of costs based on the unit rates tendered and the capacity of the company to perform the services.

3. Determination of a short-list based on the best rankings from 1 and 2 above.

4. Further evaluation of the short-listed companies through:

- independent financial risk analysis

- independent referee checks.

Summary of Tenders Received

A total of seventeen (17) tenders were received by the closing date of the advertised tender. In alphabetical order, these were:

Company	Company Location	Directors
ADE Consulting Group Pty Ltd ABN: 14 617 358 808	6/7 Millennium Court, Silverwater NSW 2128	Ross Nefodov
CSH Consulting Pty Ltd ABN: 60 147 056 782	3 Pass Avenue, Thirroul NSW 2525	Kevin King
Getex Pty Limited ABN: 99 116 287 471	Unit 2B, 64 Talavera Road Macquarie Park NSW 2113	Wade Wyatt
Hibbs ABN: 12 608 093 134	Suite B, 255 Rawson Street, Auburn NSW 2144	Philip Hibbs
Integrated Environmental Pty Ltd ABN: 14 169 255 841	351 Londonderry Rd Londonderry NSW 2753	Paul Paciullo
JBS&G Australia Pty Ltd ABN: 62 100 220 479	65 Gilbert Street, Adelaide South Australia 5000	Mr Andrew Lau, Mr Andrew Nunn, Mr Steven Green, Mr Darren Walsh, Ms Sylvia Rapo
JMB Environmental Consulting Pty Ltd ABN: 92 168 286 600	15/77-79 Bourke Road, Alexandria, NSW 2015	James Breslin
JTA Health Safety & Noise Specialists ABN: 78 007 071 383	139 Ormond Road, Elwood Victoria 3184	Rhonda Hafey Jeremey Trotman
OHMS Hygiene ABN: 54 169 227 276	9 Richardson Street, West Perth, WA 6005	Dr Elaine Lindars, Ruairi Ward, David Crouch
Prensa Pty Ltd ABN: 12 142 106 581	Level 1, 71 Longueville Road, Lane Cove	Cameron Hunter William Meszaros
Property Risk Australia Pty Ltd ABN: 65 611 579 223	Unit 24/34‐36 Ralph Street, Alexandria NSW 2015	Nigel Johnson, Jai Choi, Andrew Brabek
Sydney Environmental Group (Environmental Team) ABN: 14 631 026 214	63 / 45-51 Huntley Street, Alexandria NSW 2015	Steven Wallace
Tetra Tech Coffey Pty Ltd (WHS) ABN: 55 139 460 521	Level 19, Tower B, 799 Pacific Highway, Chatswood NSW 2067	Dan Batrick, Brigid Moriaity, Leslie Shoemaker, Steven Burdick, William Brownlie, Brian Carter, Craig Christensen, Preston Hopson, Richard Lemmon, Brendan O’Rourke.
Trace Environmental ABN: 74 978 484 122	Shop 2, 793-799 New Canterbury Road, Dulwich Hill NSW 2203	Andrew Kita, Tony Nakhoul
Trinitas Group ABN: 12 161 759 708	Level 3, 24 Hunter Street, Parramatta NSW 2150	Denny Bolatti, Rani Haddad
Work Science Pty Ltd ABN: 49 118 332 880	PO Box 1112, Darlinghurst NSW 1300	Scott Paine
Work Science Pty Ltd ABN: 80 078 004 798	Level 27, 680 George Street, Sydney NSW 2000	Charlie Jewkes, Rob Clarke, Paul Williams, Dean Toomey, Rebecca Davis, Ian Blair

Tender Review Process

Each tender was reviewed using a systematic approach which included an assessment of the following:

History of Organisation (including how long the company had been performing the required service)	This criterion was assessed to provide the panel confidence that the company had long term experience in managing these types of matters.
Experience in managing similar services	Asbestos related work can vary between industries. As such, the panel reviewed and assessed the tenderer’s experience in dealing with similar asbestos related matters faced by Penrith City Council. In addition, we assessed the asset documentation and report examples provided with the submission to ensure they met legislative requirements and were compatible with Council’s Asbestos Management Framework. This was considered a critical assessment theme for both panels.
Local Government experience	Local Government’s management of asbestos can be different compared to private companies. This is because Councils are required to manage asbestos on public land and in buildings that workers and the community use. This results in a need to provide fast and thorough service, which includes the need to respond immediately. As such, it is important to consider if the tenderer has experience in managing these types of situations.
Local supplier	Submissions were assessed in line with Council’s Policy in relation to local suppliers.
Qualifications, skills and knowledge of staff and key personnel	In addition to the number of staff, it is critical to the service to ensure that the staff involved meet all the requirements of SafeWork NSW and Environment Protection Authority. For Panel One, a key component of this was that key personnel held a Licensed Asbestos Assessor license from SafeWork NSW. For Panel Two, a key component was that the key personnel held professional accreditation or experience with a professional association such as Contaminated Land Consultants Association or Australian Land & Groundwater Association.
Recent work in the service area	Tenderers were required to provide details of at least three recent examples of works they have undertaken delivering the same or similar services in the recent past.
Use of sub-contractors	Tenderers were required to provide details on what sub-contractors they rely upon to perform the services required. In addition, a detailed methodology was required to be submitted on how they engage and manage these sub-contractors.

Evaluation of Tenders

All tenderers were assessed against the selection criteria; however the panel recommended that it not engage tenderers who scored under 70% against the non-price selection criteria.

As part of this process and to assist with determining the appropriate short-listed tenderer’s, a request for clarification was provided to all tenderers on 28 September 2022. This request required tenderers to provide a range of further information to demonstrate compliance with Council’s requirements.

The following companies scored less than 70% and did not demonstrate that they could fulfill the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems, and were subsequently not considered for further assessment.

· ADE Consulting Group Pty Ltd

· CSH Consulting Pty Ltd

· Integrated Environmental Pty Ltd

· JMB Environmental Consulting Pty Ltd

· OHMS Hygiene

· Property Risk Australia Pty Ltd

· Sydney Environmental Group (Environmental Team)

· Trace Environmental

· Work Science Pty Ltd

· WSP Australia Pty Ltd.

Work Health and Safety

Due to the risk asbestos poses to workers and the community, it was vital that all Work Health and Safety documentation from the tenderer’s were assessed by Council’s Safety Team.

In addition to the tender safety documentation, Penrith City Council officers will ensure that all contractors, their employees and their sub-contractors have all appropriate insurances, licenses, Safe Work Method Statements and certifications in place prior to any works commencing under this contract.

In addition, all panel members will be required to register into Conserve Contractor Management Platform.

Short Listed Tenderers

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

· Getex Pty Limited

· Hibbs

· JBS&G Australia Pty Ltd

· JTA Health Safety & Noise Specialists

· Prensa Pty Ltd

· Tetra Tech Coffey Pty Ltd (WHS)

· Trinitas Group.

The short-listed review involved the comparison of the pricing schedules and scenario based costings provided by the top seven tenderers. As the services covered in this tender are covered by hourly rates, it was important to ensure adequate consideration was given to how long the service would take to perform, if travel time was included and how many people would be involved.

The following annualised price schedules were based only on hourly rates provided by each tenderer. Based on the nature of asbestos incident management, it was not possible for the pricing schedule to outline how long each job would take or how many staff would be involved. In addition, some tenderer’s included travel time in their hourly rate and others did not.

To assist with this, the pricing provided below is based on a standard set of work over a 12 month period. This allowed a standardised approach to evaluate the prices provided by each of the selected companies. In addition, each of the six tenderers were provided a scenario to allow the panel to compare how much it would cost each company to undertake the works prescribed in that scenario.

Estimated Annualised Scenario: Based on 12 months of the monthly scenario and regular specialised works captured by scenario 1,2 and 3.

Monthly Scenario: Based on an average asbestos hygiene services across a month, such as clearance certificate, air monitoring, inspections and asbestos samples. This scenario has not direct relationship to Scenario 1-3.

Scenario 1: Cost to undertake an Asbestos Register and Asbestos Management Plan on a 300sqm 1972 Council amenities building which includes a canteen, two bathrooms, meeting room and storerooms. The location of the amenities building is in Penrith.

Scenario 2: Cost to undertake a Clearance Inspection and Certificate after the removal of 40 small asbestos fragments from a Council open space (over 1000 sqm). The open space is located in Mulgoa.

Scenario 3: Undertake asbestos sampling on three surfaces in a 1980’s Council Building in Penrith and provide a report.

		Panel One (Short List)
Company	Estimated Annualised Scenario		Monthly Scenario	Scenario 1 Cost	Scenario 2 Cost	Scenario 3 Cost
Getex Pty Limited	$198,155.00 (ex GST)		$12,440 (ex GST)	$1,150 (ex GST)	$915.00 (ex GST)	$810.00 (ex GST)
Hibbs	$158,880.00 (ex GST)		$8,240 (ex GST)	$1,920 (ex GST)	$640.00 (ex GST)	$800 (ex GST)
Prensa Pty Ltd	$221,590.00 (ex GST)		$12,020 (ex GST)	$2,000 (ex GST)	$1,120 (ex GST)	$1,370 (ex GST)
Tetra Tech Coffey Pty Ltd (WHS)	$179,820.00 (ex GST)		$9,760 (ex GST)	$1,560 (ex GST)	$1,120 (ex GST)	$980 (ex GST)
Trinitas Group	$84,725.00 (ex GST)		$5,675 (ex GST)	$550 (ex GST)	$225 (ex GST)	$150 (ex GST)

Panel 2

Full suite of samples per test pit included testing for Asbestos, TRH, BTEX, Metals, PAHs, OCP's, PCB's, Phenols and PFAS.

Scenario 4: Undertake a Detailed Site Investigation on a Council Reserve on Nereid Road, Cranebrook (3.3 hectares in size).

Panel Two (Short List)
Company	Full Suite of Samples per Test Pit	Average Cost for Consultants (per hour)	Scenario 4 Cost
Getex Pty Limited	$520 (ex GST)	$225 (ex GST)	$21,310 (ex GST)
JBS&G Australia Pty Ltd	$571 (ex GST)	$190 (ex GST)	$22,400 (ex GST)
Tetra Tech Coffey Pty Ltd (WHS)	$555 (ex GST)	$217 (ex GST)	$22,565 (ex GST)
Trinitas Group	$396 (ex GST)	$120 (ex GST)	$8,290 (Ex GST)
Prensa Pty Ltd	$476 (ex GST)	$227 (ex GST)	$33,725 (ex GST)

Evaluation of the Preferred Tenderers

Based on the evaluation process outlined above, it was determined that each of the companies demonstrated to the satisfaction of the panel that they had the ability to complete the work outlined in this tender. In turn, each company also demonstrated that their pricing schedules were reasonable and within line with market value.

It is recommended that each of the following panels be created to provide the services outlined in the tender. Suitable operational procedures will be established to monitoring contract performance and to ensure each company is provided equal opportunities across the scope of the service.

Asbestos Hygiene Services - Panel One

1. Trinitas Group

2. Getex Pty Limited

3. Hibbs

Panel One to be a ranked panel (1-3). Trinitas will be engaged for all work under this panel, unless they are unable to deliver the work required in the timeframe

Environmental Assessment and Land Contamination – Panel Two

· Getex Pty Limited

· JBS&G Australia Pty Ltd

· Trinitas Group

Panel Two will be a non-ranked panel, with work being allocated across each panel member. Council will, where necessary, allocate work with consideration to individual situations and who Council considers best placed to deliver.

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

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen – Director City Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed on the background and the process followed to establish two panels to provide asbestos consulting services. The TAG considered the recommendations in relation to the tender, noting that the five companies recommended to be included on the two panels (Getex Pty Ltd being recommended for both panels) are considered to be the most capable of providing the services required and offer the most advantageous proposals to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on the panel of preferred tenderers. 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.

The estimated annual cost of Asbestos consultancy services is $435,000. The services provided for in this tender will be funded from within current asset operational budgets and projects as required.

Risk Implications

The provision of effective asbestos consultancy services ensures that Council meets is legal obligations under NSW legislation and all SafeWork NSW and NSW Environment Protection Authority requirements. In turn, it also ensures that Council meets community and worker expectations in relation to asbestos.

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

Conclusion

Based on the detailed evaluation, analysis of staffing, location, and capacity to undertake the work including relevant past and current experience, price submitted, and financial analysis and referee checks, the Tender Evaluation Committee recommends the companies listed below be accepted as a Committee of Approved Contractors for the provision of asbestos consultancy services as follows:

Asbestos Hygiene Services - Panel One

1. Trinitas Group

2. Getex Pty Limited

3. Hibbs

Panel One to be a ranked panel (1-3).

Environmental Assessment and Land Contamination – Panel Two

· Getex Pty Limited

· JBS&G Australia Pty Ltd

· Tetra Tech Coffey Pty Ltd (WHS)

RECOMMENDATION

That:

1. The information contained in the report on RFT22/23-10 Asbestos Consultancy Services be received

2. Two panels of experts are created for asbestos consulting services in line with the following:

Asbestos Hygiene Services - Panel One

1. Trinitas Group

2. Getex Pty Limited

3. Hibbs

Panel One to be a ranked panel (1-3).

Environmental Assessment and Land Contamination – Panel Two

o Getex Pty Limited

o JBS&G Australia Pty Ltd

o Trinitas Group

3. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

RFT 20/21-25 Landscape Construction for Regatta Park - Amended

Compiled by: Wasique Mohyuddin, Delivery Program Manager

Mudassar Fayyaz, Major Projects Coordinator

Authorised by: Tracy Chalk, Acting Design and Projects Manager

Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Previous Items: 2- Regatta Park Project- Councillor Briefing- 20 Feb 2023 7:00PM

12- Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants- Ordinary Meeting- 12 Dec 2022 7:00PM

6- RFT 20/21-25 Landscape Construction for Regatta Park- Ordinary Meeting- 24 May 2021 7:00PM

Executive Summary

The Ordinary Meeting of 24 May 2021 approved the award of the Regatta Park Landscape construction contract (RFT 20/21-25 Regatta Park Landscape Construction) for the amount of $8,687,902.82 (excluding GST) to Glascott Landscape & Civil Pty Ltd.

The original contract was awarded to Glascott Landscape & Civil Pty Ltd based on their demonstrated ability to meet Council’s requirements through their methodology and previous experience in undertaking similar projects.

The construction of Regatta Park is still underway and works are scheduled for completion in the last quarter of 2023, weather permitting.

During a site tour on 15 December 2022, Councillors identified opportunities to further enhance Regatta Park.

Council officers have obtained the quotes for the suggested enhancements and this report proposes to award additional works for the sum of $1,336,363 (excluding GST) to Glascott Landscape & Civil Pty Ltd and instruct a variation to the existing contract.

Background

The Regatta Park Upgrade Project is a priority for Council, as outlined in Council’s Community Plan. It is underpinned by the Our River Masterplan endorsed by Council in 2013.

The current project value is $31.5 million (including an allowance for land acquisition). NSW State and Commonwealth governments have provided joint contribution of $15 million via the Western Sydney City Deal Liveability grant. In addition, Council invested $16.5 million to the delivery of this project and the delivery of the Kiosk component.

Regatta Park is a transformational project which will enhance Penrith City further as a destination. The redevelopment of Regatta Park includes:

· High quality & diverse green public space

· Inclusive public open space & play areas

· Accessible pathways and connectivity to the river

· Water’s edge central deck and viewing platforms

· Water play features and children play equipment

· Dining precinct and kiosk

· Urban heat mitigation (shade structures, trees, water)

· Public art and heritage interpretation recreational facilities

· Environmental protections to improve water quality and protect the river foreshore from erosion

· Diversion of River Road through new roundabout and upgrade of the Great Western Highway / Lamrock Street intersection

Current Situation

During the site visit held on 15 December 2022, number of inclusions were highlighted by Councillors for the design enhancement including expansion of the main viewing deck, additional lighting on the river foreshore, barrier fencing, screening, drinking water fountains, irrigation and heritage interpretation options.

Directly below are artists impressions of the expanded main river deck and additional lighting, further improving accessibility for Regatta Park. Lighting will be provided to the central stairs and the foreshore paths.

A group of people on a path by a body of water

Description automatically generated with low confidence

Financial Implications

This report proposes awarding additional works for the Regatta Park Landscape construction project for the sum of $1,336,363 (excluding GST) to Glascott Landscape & Civil Pty Ltd. This brings the total project value to $32.85 million, including allowances for land acquisition that is yet to be finalised.

Should Council be of a mind to approve the variation, the proposed works will be funded through an allocation from the Financial Management Reserve. The Financial Management Reserve has a projected closing balance of $3.24m as at 30 June 2023 and sufficient unallocated capacity to fund these works.

Risk Implications

The works will be undertaken in accordance with Work Health & Safety systems. These design enhancement works as part of the project will further enhance the amenity and facilities with public interest a key part of the construction methodology and project plan.

RECOMMENDATION

That:

1. The information contained in the report on RFT 20/21-25 Landscape Construction for Regatta Park - Amended be received

2. The lump sum variation for the amount of $1,336,363 be instructed to Glascott Landscape & Civil Pty Ltd under existing contract - RFT 20/21-25 Regatta Park Landscape Construction and be funded from the Financial Management Reserve.

3. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

RFT 21/22-04 Doug Rennie Amenities Redevelopment - Amended

Compiled by: James Craig, Project Supervisor

Wasique Mohyuddin, Delivery Program Manager

Authorised by: Tracy Chalk, Acting Design and Projects Manager

Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Service Activity	Design and deliver Council’s major capital projects

Previous Item: RFT21/22-04 Doug Rennie Amenities Redevelopment – Ordinary Meeting – 21 February 2022

Executive Summary

The Ordinary Meeting of 21 February 2022 approved the award of the Doug Rennie Amenities Redevelopment construction contract to Coverit Building Group Pty Ltd (RFT 22/23-04 Doug Rennie Amenities Redevelopment). The original contract was awarded to Coverit Building Group Pty Ltd based on their demonstrated ability to meet Council’s requirements through their methodology and previous experience in undertaking similar Council projects.

The construction of amenities building is still underway and contractor is progressing with works with proficiency and expertise. Works are on track for completion by April 2023, with a surplus budget enabling additional works to be undertaken.

This report proposes to award additional works to Coverit Building Group for the sum of $169,214.48 (excluding GST). The works include the demolition and disposal of existing dugouts, construction of new concrete aprons, installation of new shelters and furniture, and upgrading the surrounding area to align with the completion of the amenities building.

Background

Forecast completion cost for Doug Rennie Amenities Redevelopment is below the available budget which allows for the ancillary works to bring forward and be completed earlier to be aligned with the completion of amenities building works.

As such, Council officers have identified this funding to undertake additional works including:

- demolition and disposal of existing shelters and fencing

- the installation of new shelters

- construct building aprons and footpath connections

- new furniture to the surrounds of the new building

- new furniture to the adjacent playing fields.

These ancillary works were scheduled for later completion and were subject to the funding availability.

A concept landscape plan was developed in conjunction with sporting groups and Council officers with the intent to further enhance the Doug Rennie Fields. This was completed in December 2022 and a quotation was then obtained through Coverit Building Group Pty Ltd.

Once completed, the work will further embellish the site and create an enhanced and modernised experience for users at the site during regular sporting operations.

As the amenities building is still under construction, Council officers determined Coverit Building Group Pty Ltd is best placed to undertake works. This determination was reached given the location is still an established construction site and engaging alternate contractors would inflate risk to the project delivery and will not provide a competitive price.

Coverit Building Group Pty Ltd has provided a lump sum price of $169,214.48 (excluding GST) for the additional works that include the demolition and disposal of existing shelters and fencing, construction of new concrete aprons and footpath connections, supply and installation of new shelters, tables and seating.

The lump sum pricing for the variation has been measured against the remaining contingency and also against recent similar works and previous supply of fixtures and furniture from regular suppliers to Council. It has been deemed fairly priced based on these measures and as such a variation under the original contract is being sought.

Financial Implications

With a surplus budget from the adopted Doug Rennie Amenities Redevelopment budget, Council can bring forward ancillary works originally planned for later delivery.

The ongoing maintenance and operational budgets will be amended to account for the expanded scope in accordance with budget guidelines.

Risk Implications

The TAG noted increased risk and potential detrimental financial implications for Council should an alternate contractor be engaged to perform the additional works for this project. To limit exposure to risk and minimise costs associated to appointing a new contractor, the TAG endorses the proposal to vary to the contract with Coverit Building Group Pty Ltd to complete the additional works at the Doug Rennie Amenities Redevelopment.

Conclusion

The Tender Evaluation Committee recommends a variation under the original contract between Penrith City Council and Coverit Building Group Pty Ltd for additional works as outlined in this report for the total amount of $169,214.48 (excluding GST).

RECOMMENDATION

That:

1. The information contained in the report on RFT 21/22-04 Doug Rennie Amenities Redevelopment - Amended, be received.

2. The lump sum variation price from Coverit Building Group Pty Ltd for the amount of $169,214.48 (excluding GST) be accepted under the existing contract RFT21/22-04 Doug Rennie Amenities Redevelopment.

3. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report

Ordinary Meeting 27 February 2023

Conduct of the 2024 Local Government Election

Compiled by: Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Promote ethical behaviour through awareness and advice, and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

Executive Summary

Under s296AA of the Local Government Act 1993, Councils must resolve as to how they wish to administer the next ordinary election by March 2023. This meeting represents the last opportunity to do so. In so doing, Councils must resolve to either enter an arrangement with the Electoral Commissioner (NSWEC) for the Electoral Commissioner to administer the election or that the election be administered by an electoral services provider engaged by the Council.

This report recommends that Council engage the services of the NSWEC for the conduct of any election, poll or referendum until next scheduled election in 2028.

Background

There are two options available to the Council in respect of the elections being held in 2024, the details of those options and an assessment is provided below. It should be noted that in the event Council chooses to engage the NSWEC then no tender or competitive process is required. Should Council choose to not engage the NSWEC then Council must go to tender or seek an exemption in accordance with the relevant provisions of the Local Government Act. An exemption would be the likely path forward given officers are confident there is only one private provider capable of delivering the election. Despite this Council Officers have sought and received two quotes from the known providers.

1. Engage NSWEC

This option would effectively outsource the running of the election and would ensure that there is a clear separation of the duties and responsibilities of the Council and the conduct of the election by NSWEC.

Using the NSWEC would result in less Council and staff resources being required in the day-to-day operation and would have staff largely perform a liaison role.

The NSWEC has the experience and capacity to deliver the Council’s election and has significant resources with respect to online forms, education and call centre operations.

If Council does choose to engage the NSWEC, it would be appropriate to include in the resolution the option to also use the NSWEC to conduct a council poll or constitutional referendum in the event that Council decides to conduct such a poll or referendum.

A further consideration is the option for electors to use technology assisted voting, discussed further below.

2. Engage an external Contractor

Prior to the local government election in 2012, the Council called a tender for the conduct of our election. Council received only one compliant tender, that being from the Australian Election Company (Aust E Co), a Queensland-based company. The Council resolved to engage the Aust E Co to conduct the election in 2012, 2016, the By-Election in 2018 and the election in 2021.

From a Council staff perspective, the election processes undertaken by the Aust E Co over all elections have been, on balance, to a high standard. The process has always been assisted through the Aust E Co being able to secure experienced local Returning Officers to conduct the Council’s election and results have been on par or quicker than NSWEC elections. The Aust E Co has indicated that they will again offer Council an election service with the option to partially outsource some of the functions of the election to potentially achieve further savings. The savings are indicated in the region of $300,000 of the total quote, however it is noted that many of those potential costs like allowing Council to source its own venues still come at a cost to Council both in terms of dollars, time and resources.

Technology Assisted Voting (TAV)

· Current review being conducted by the NSW Electoral Commissioner

· Interim Review report to be published in April 2023

· Final report to government August 2023

In the months following the December 2021 local government elections, the NSW Supreme Court declared three council elections void following a failure of the NSW Electoral Commission’s iVote system. In March 2022, the Commissioner determined that, except for telephone voting for electors who are blind or have low vision, technology assisted voting will not be used at the March 2023 New South Wales State election or any state or local government by-election in the intervening period.

In October 2022, the New South Wales Parliament passed legislation which has confirmed that voting by telephone by electors who are blind or have low vision is the only type of technology assisted voting permitted for 2023.

The determination and legislative change provide clarity for the March 2023 NSW State Election, but further changes are possible following completion of the review and prior to the local council elections in September 2024. The timing is unfortunate given the importance of TAV as a consideration in Council’s decision whether to enter an arrangement with the NSW Electoral Commission or engage the services of an electoral services provider. It is noted that due to the wording of the legislation that despite the Aust E Co having the capacity to provide TAV that they are not able to do so. This is something officers will continue to advocate for change regardless of the decision made. It appears with the information available that in terms of 2024 election there will either be no TAV or if there is it will only be able to be delivered by the NSWEC in the same way that occurred at the 2021 election.

Current Situation

The NSWEC cost estimate is $ 1,276,230 excluding GST.

The Aust E Co cost estimate is $1,475,387.02 excluding GST. It is noted further in the quotation that the cost estimate does not include any provision for additional measures that might be required because of a pandemic situation.

Included in the cost estimate from the Aust E Co are several areas of potential cost savings Council can achieve by conducting some of the administrative and logistical elements of the elections in house. While it is difficult to predict these savings, there is the potential to further reduce the cost of the election by up to $300,000. As previously outlined however, Council would incur a significant portion of this cost in any case, while also diverting the resources of Council staff. Council officers are not of the view that the potential savings would make the quote more competitive than that of the NSWEC.

Financial Implications

An accumulative budget has been established in the Council Election Reserve which is built up over non-election years and funded from General Revenue. Once a decision to engage and administer the next ordinary election has been concluded a budget will be made available in the operational plan drawing on election reserve funding.

Risk Implications

The running of a council election is a complex and significant task regardless of the election provider. There are however inherent risks associated with Council engaging an electoral services provider as opposed to NSWEC. However, these risks are mitigated through the engagement of a suitably experienced and qualified electoral services provider which Council has been successful in working with at previous elections in addition to Council staff who now have significant experience in overseeing the process. While Council is confident in the capacity of the Aust E Co to run a compliant election, in this instance and based on other considerations in combination with risk considerations it is considered that the engagement of the NSWEC provides a lower risk to the Council.

Conclusion

The next Council election will be held on 14 September 2024. Council has previously passed a resolution to engage an electoral services provider. However, based on the quotes received and the information available to Council it is recommended that Council engage the NSWEC to conduct all elections until the next scheduled election in September 2028, this engagement also extends to any by-election, count back or poll held during the same period.

RECOMMENDATION

That:

1. The information contained in the report on Conduct of the 2024 Local Government Election be received.

2. Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

3. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

4. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

5. Council write to the Office of Local Government and NSWEC advising of this decision

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

2023 Australian Local Government Association (ALGA) National General Assembly (NGA)

Compiled by: Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal 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 2023 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held at National Convention Centre in Canberra from 13-16 June 2023.

The theme for this year’s event will be Our Communities, Our Future, and seeking motions that align with this theme and identify opportunities for new federal programs and policies that will support councils to build stronger communities.

Motions for this year’s National General Assembly can be prepared responding to the issues identified in the discussion paper prepared by the ALGA. A copy of the discussion paper is attached to this report. ALGA has prepared a discussion paper to assist Councils when submitting motions, which covers some of the critical national policy areas that our sector needs to consider now and into the future. When submitting motions, ALGA encourages councils to consider whether there is a strategic issue of national importance.

Councillors are welcome to put forward any suggested motions at tonight’s meeting. The suggested motions will be developed by staff and will be presented to the Councillors to be formally resolved and considered for endorsement at the next Ordinary meeting on 20 March 2023.

Background

The 2023 National General Assembly of Local Government will be held in Canberra from 13-16 June 2023. The National General Assembly is an important opportunity for Councils to influence the national policy agenda.

The theme for this year’s event will be Our Communities, and seeking motions that align with this theme and identify opportunities for new federal programs and policies that will support councils to build stronger communities.

Current Situation

National General Assembly is now calling for motions to be submitted. All motions must be submitted no later than Friday 24 March 2023. The theme for this year’s conference is ‘Our Communities, Our Future’; and the motions can be prepared responding to the issues identified in the discussion paper prepared by the ALGA.

Delegates

Each council is entitled to have one delegate at each plenary session. In addition to selecting its voting delegate, it is open to Council to send additional Councillors as observers.

Council must nominate its voting delegate to attend this year’s Assembly and any observers who wish to attend. It is appropriate for Council to grant leave of absence to attending Councillors.

Submitting Motions

All motions must be submitted by Friday 24 March 2023. This year’s call for motions focusses on eight priority areas:

1. Productivity,

2. Local Government Infrastructure,

3. Community Wellbeing,

4. Local Government Workforce,

5. Data, Digital Technology and Cyber Security,

6. Climate Change and Renewable Energy,

7. Natural Disasters, and

8. Housing

To be eligible for inclusion in the National General Assembly Business Paper, motions must:

1. be relevant to the work of local government nationally,

2. not be focussed on a specific location or region – unless the project had national implications,

3. be consistent with the themes of the NGA,

4. complement or build on the policy objective of your state and territory local government association,

5. be submitted by a council which is a financial member of their state or territory local government association,

6. propose a clear action and outcome i.e., call on the Australian Government to do something,

7. not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members, or to gain national political exposure for

positions that are not directly relevant to the work of, or in the national interests of, local government,

8. address issues that will directly improve the capacity of local government to deliver services and infrastructure for the benefit of all Australian communities,

9. not seek to advance an outcome that would result in a benefit to one group of councils to the detriment of another, and

10. be supported by sufficient evidence to support the outcome being sought and demonstrate the relevance and significance of the matter to local government nationally.

Financial Implications

A budget has been established for Councillor Conference Costs in the 2022-23 Operational Plan which funds attendance at various conferences throughout the financial year. Participation in the 2023 ALGA Annual General Assembly can be accommodated within this budget.

Risk Implications

There are no unacceptable risk implications associated with this report.

Motions

At this stage one (1) motion have been put forward by staff for Council to consider. Should any motions be requested to be developed at this meeting by Councillors, Council must formally resolve at tonight’s meeting to allow staff to develop. A further report will be submitted to the Ordinary meeting on 20 March with any new motions suggested by the Councillors at tonight’s meeting.

Motion 1

Support for tri-government collaboration and city-shaping partnerships across Australia

Motion Details:

The National General Assembly calls on the Australian Government to continue to explore tri-government regional partnership opportunities, particularly with councils in growth corridors such as Western Sydney.

Through the implementation of city-shaping partnerships, there is an opportunity for the Australian Government to reinforce their commitment to authentic tri-government cooperation and strengthen the local government’s role in implementation of regional change.

National Objective:

The Australian Government is being called upon to give a commitment to ongoing collaboration with other levels of government through the establishment of city-shaping partnerships.

The Western Sydney City Deal is one example of a tri-government partnership that has been successful in delivering initiatives that contribute to the vision of a highly connected, innovative and liveable City. This unprecedented level of partnership across the three levels of government has contributed to realising the shared vision for Western Sydney. It is important that the inroads and momentum established through this partnership are not lost.

The success and lessons-learnt from tri-government partnerships highlight the value of aligning planning, investment and governance to accelerate growth and job creation, stimulate urban renewal and drive economic reforms to secure the future prosperity, sustainability and liveability of our cities. The Australian Government should continue to evolve tri-government regional partnerships through appropriate governance frameworks and funding models.

Summary of Key Arguments:

A critical component of city-shaping partnerships is the governance framework in which they operate. An effective governance framework should involve all three levels of government, signifying the importance of local government as an equal partner together with State and Federal Government. Governance, decision-making and collaboration mechanisms must be established and maintained to successfully deliver shared priorities and outcomes.

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

With unprecedented growth forecast for some regions, we call upon on all levels of government to continue their support of tri-government collaboration and explore regional partnership opportunities. Whilst the tri-governance framework of the Western Sydney City Deal has delivered strategic collaboration, there is room for improvement through further strengthening the role of local government in the implementation of regional change. Improving existing governance arrangements and expanding partnership opportunities will allow greater involvement in city shaping decision-making by communities living in these council areas, representatives of the three tiers of government, and local businesses.

Conclusion

Council should nominate its voting delegates and any observers to the Australian Local Government Association for the 2023 National General Assembly in addition to requesting any motions for endorsement to the Conference.

RECOMMENDATION

That:

1. The information contained in the report on 2023 Australian Local Government Association (ALGA) National General Assembly (NGA)

2. Council put forward the suggested motions by staff set out in the report to the National General Assembly.

3. Council nominate its voting delegate for the 2023 National General Assembly of Local Government.

4. Council nominate any Councillors who wish to attend as observers at the 2023 National General Assembly of Local Government.

5. Leave of absence be granted to all Councillors attending the 2023 National General Assembly of Local Government to be held in Canberra from 13-16 June 2023.

6. Any further motions proposed by Council be prepared and submitted to Council’s Ordinary Meeting on 20 March 2023.

ATTACHMENTS/APPENDICES

1. ⇩

ALGA NGA 2023 - Motions Discussion Paper

20 Pages

Attachments Included

Ordinary Meeting 27 February 2023

Organisational and Financial Review - December 2022

Compiled by: Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Craig Shepherd, Corporate Performance Lead

Joseph Wilson, Senior Corporate Performance Officer

Authorised by: Andrew Moore, Director - Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

This report outlines Council’s progress towards implementing its four -year Delivery Program and focuses on the period of 1 July to 31 December 2022. The report should be read in conjunction with the attached Organisational Report – December 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 2022-23.

At 31 December 2022, 120 (92%) of Council’s 130 reportable projects, and 124 (95%) of Council’s 130 reportable actions were ‘On Track’ or ‘Completed’.

Council projected a balanced Budget in the adoption of the original 2022-23 Operational Plan. The September Quarterly Review reported variations to the predicted annual budget with a net surplus result of $593,170 which was transferred to Reserve resulting in a balanced budget position for 2022-23.

The December quarter again presents a net positive result with mostly favourable variations including additional Interest on Investments ($801k), DA Income ($100k), Regulatory Control Income ($50k), and Hall Hire Income ($52k). Negative variations include reduction in Library Income ($84k), Jamison Park Synthetic Field Income ($52k), and Subdivision Income ($50k). The overall favourable budget variations have resulted in a surplus of $780,103 for the second quarter of 2022-23.

It is proposed as part of this Review to transfer the second quarter surplus of $780,103 to the Financial Management Reserve. This allocation will provide capacity to respond to any current and emerging priorities, including some of the priority resource requests, and results in a balanced budget position being predicted for 2022-23.

Details of all proposed major variations are provided in this report and are included in the Organisational Report – December 2022.

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

Organisational Performance Summary

The Organisational Report – December 2022 provides information on Council’s progress against its 2022-23 Operational Plan and Projects for the six-month period between 1 July 2022 to 31 December 2022. As at 31 December 2022:

· 95% of 130 reportable Operational Plan Actions were ‘On Track’ or ‘Completed’

· 92% of 130 reportable Capital Projects were ‘On Track’ or ‘Completed’

Table 1 provides a performance summary, which overall demonstrates that Council is successfully delivering its services and programs.

Table 1	Completed		On Track		At Risk / Off Schedule		Total
	No.	%	No.	%	No.	%	Total

Actions	9	7%	115	88%	6	5%	130
Capital Projects	37	28%	83	64%	10	8%	130

Further detailed information can be found in the Organisational Report – December 2022.

Organisational Highlights

Council’s programs and services delivered a number of significant achievements during the past six months. These include:

· Over eight days surrounding Christmas, Council held recycling drop- off days for the community. 859 vehicles attended to dispose of 12.54 tonnes of recyclables, predominantly cardboard.

· Six Penrith Community Care Forum meetings were held, with representation from over 20 local services/government agencies.

· Following VPAs have been completed in the last 6 months:

o Altis/Frasers 'The Yards'

o 57 Henry Street, Penrith

o Glenmore Park Stage 2 VPA Amendment

· School road safety initiatives including increasing community awareness of the NSW Government's Centre for Road Safety key road safety messages for families to share, working with school communities to address speeding, parking, crossings and general road safety around schools.

· The 2021-22 Penrith City Council Annual Report was finalised and adopted by Council on 28 November 2022.

Financial Position for the December 2022 Quarter

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

· Budget position (whether balanced/surplus or 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 2022 Quarter Variations Adopted by the Council	0
December 2022 Quarter Variations Adopted by the Council	0
December 2022 Quarter Review Proposed Variations	780
Less: Transfer to Financial Management Reserve Revised Budget Position Surplus/(Deficit) projected to June 2023	(780) 0

The predicted cumulative result for the year as at December 2022 is a balanced Budget after the recommended variations for the quarter, and the proposed allocation to Financial Management Reserve. 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 attached Organisational Report – December 2022.

Interest on Investments - $801,341 F (54%)

Since the initial budget projection for 2022-23 Interest on Investments, the Reserve Bank of Australia has lifted the official cash rate from 0.10% to 3.10%. Accordingly, interest on investments has also increased against the original annual budget for Interest on Investments surpassing forecasts in the second quarter of this financial year. Therefore, a change in projection for 2022-23 Interest on Investment is required minimise the disparity between actual interest received and annual budget.

DA Income – $100,000 F (7%)

Development Application income is trending higher than projected through a combination of more Council led projects, significant employment and mixed-use developments being, and likely to be determined in the period than what was anticipated.

Net Salary Savings- $88,688 F (0.07%)

During the second quarter of 2022-23 salary savings have also been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified 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 $88,688.

It is proposed that as part of the December Quarterly Review that salary savings of $88,688 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.

Library Income - $84,000 U (41%)

Library usage has still not completely recovered from the COVID-19 closures, and subsequent health restrictions put in place to manage the pandemic. The decrease in visitor numbers to our branches has also resulted in a decline in Library Fee Income.

Jamison Park Synthetic Field Net Income – net $55,569 U (23%)

Fees and charges have been implemented for the synthetic field at Jamison Park since July 2022. The budget was set based on a business model prepared for the fields. Given that it is the first full year of operation, the business model will be reviewed to reflect use and operational costs. Income is proposed to be reduced by $105,569 offset in part by a reduction in employee costs of $50,000.

Hall Hire Income - $52,293 F (8%)

The Community Facilities department experienced a surge in demand for facility hire during the first half of the year. The increase in preference for indoor facility hire can be attributed to wet weather and return to activities following lengthy COVID-19 restrictions.

Subdivision Income - $50,000 U (66%)

Subdivision applications income is down on projected estimates as existing release areas continue to be constrained by stalled infrastructure provision, and new areas which are the subject of planning proposals, are yet to progress to release.

Regulatory Control Income - $50,000 F (38%)

The Ranger function underwent a restructure in July 2022 which improved the distribution of workload. As a result existing resources were able to undertake additional proactive patrols to detect unlawful activity. Revenue in this area has subsequently increased.

Animal Services Income - $25,000 F (33%)

The Ranger function underwent a restructure in July 2022 which improved the distribution of workload. As a result, Animal Rangers were able to revive a Companion Animals Registration Program that actively identified Companion Animal Act offences. Additional investigations were initiated which resulted in regulatory action and revenue has subsequently increased.

Social Media Scheduling Tool - $50,000 U (100%)

Following a review of Councils contract, it was determined that the licencing requirements for Council’s Social Media Scheduling Tool required an increase in our individual licencing to comply with the licencing agreement. The agreement requires that individual staff members who use the platform for scheduling must have an individual login/licence.

Site Investigation - $35,000 U (100%)

Council officers have commenced a number of investigations to inform decisions around the future use of Council’s Water Street depot site. As part of this process a Detailed Site Contamination Investigation has been required to be undertaken at a cost of $35,000.

Transfer to Financial Management Reserve - $780,103 A

The development of the annual Budget each year requires a number of assumptions to be made in relation to both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $780,103 be transferred to Reserve. In addition, this allocation will provide capacity to respond to some current and emerging priorities, including some of the priority resource requests.

Other variations with no impact on Available Funds

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

In addition to the aforementioned variations, a total of $12.6m of planned Capital and Operating projects are proposed for revote this quarter. The total value of revotes for the year to date is $12.7m (including the proposed December Quarter revotes), compared to $808,825 revotes for the same period in 2021-22. A full list of Revotes is included in the Organisational Report – December 2022.

New Grants

In accordance with Councils Grant Applications Policy (adopted 30 May 2022) Attachment 2 is a list of grants that have been incorporated into the budget as part of the December 2022 Quarterly Review. As per the Policy these grants have a value below $250,000, do not require matching funding from Council and have no ongoing costs, and as such did not require a separate Council report.

Financial Implications

Adopting the recommendations within this report will mean Council’s 2022-23 Budget continues to predict a balanced budget position for the year. Further details of the financial implications are contained within the attached Organisational Report – December 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 December 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 – December 2022 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Prudent financial management combined with the fine tuning and confirmation of budget assumptions have contributed to balanced budget being projected to June 2023.

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

RECOMMENDATION

That:

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

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

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report - December 2022 for inclusion in the 2023-24 Operational Plan.

ATTACHMENTS/APPENDICES

1. ⇩	Organisational Report - December 2022	110 Pages	Attachments Included
2. ⇩	New Grants - December 2022 Quarter	1 Page	Attachments Included

Ordinary Meeting 27 February 2023

RFT22/23- 009 Supply of Uniforms

Compiled by: Mark Berry, Procurement and Contracts Officer

Authorised by: Andrew Moore, Director - Corporate Services

Neil Farquharson, Financial Services Manager

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

Tender reference RFT22/23-009 for the Supply of Uniforms across Council was advertised 27 September 2022. The tender closed on 26 October 2022 at 11am.

This report advises the Council of the outcome of the tender process and recommends that the tenders from BL Safety and Workwear Pty Ltd and AllMakes Pty Ltd t/a Brandworx Australia be accepted for the provision (supply and delivery) of the Supply of Uniforms for a period of three (3) years, with an option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance.

Background

Tenders were called on behalf of Penrith City Council for the cost-effective Provision of the Supply of Uniforms on an as required basis for an initial period of 3 years with the option by Council to extend for a further 2 x 1 year periods.

Tenderers were required to submit their tender based on the requirements of seven (7) departments/area. These departments consisted of Rid Squad, Rangers & Animal Services, Children’s Services, Waste & Resources, City Presentation, Ripples and for corporate wear.

A tender for the Supply of Uniforms was advertised in September 2022. Tenderers were required to submit their tender either by using the APET 360 online Portal or a hard copy on a standard pro forma, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for the provision of uniforms currently being purchased.

Tender Evaluation process

The Tender Evaluation Panel comprised of Neil Farquharson (Financial Services Manager), Mark Berry (Procurement & Contracts Officer), Michael Criston (RID Squad Coordinator), Stacey Rossetto (City Marketing Coordinator), Stacey Martin (Assistant Marketing Officer), Jenny Faiers (Stores Lead), Andrew Pierce (Ranger & Animal Services Coordinator), Deone White (Children’s Services Coordinator), Elyse Marcolin (Waste & Resource Recovery Officer), Monique Meehan (Ripples Community Programs Manager), John Reilly (Operations Coordinator), Tracy Murphy (Companion Animal Office), and Steve Wilson (Ranger), with Allyce Langton (Procurement Business Partner) overseeing the tender process.

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

· Demonstrated Ability

· Cost/Price Category

· Resources & Personnel

· Quality Assurance

· Environmental Management

· Industrial Relations

· Work Health & Safety

· Modern Slavery

· Local Supplier

A full listing of tenders received is detailed below in alphabetical order. Prices are ex GST. A total of six (6) submissions were received from the following respondents in response to the advertised tender:

Company	Tendered Price (estimate used for evaluation)	Location of the business	Director
BL Safety and Workwear Pty Ltd	$140,500.00	Glendenning NSW 2761	Shawn Borger Nathan Borger
AllMakes Pty Ltd t/a Brandworx Australia	$149,761.13	Port Kembla NSW 2505	Kerrie Richardson Carolyn Robinson Bruce Robinson
Hallmark Sports Pty Ltd	$151,275.65	Wetherill Park NSW 2164	Wayne Spagnol
Look Smart Uniforms Pty Ltd	$221,886.50	Hammondville NSW 2170	Karam Nohra Rebecca Nohra
The Trustee for Andrew Zacks Trust	$155,274.00	Wentworthville NSW 2145	Amarinder Bajwa
Ursafe Rite Pty Ltd	$190,216.85	Erskine Park	Not provided

Following the evaluation of the six (6) tenders, the Tender Evaluation Panel determined that three (3) demonstrated compliance with the evaluation criteria- BL Safety and Workwear Pty Ltd, AllMakes Pty Ltd t/a Brandworx Australia and Hallmark Sports Pty Ltd.

Three (3) failed to meet the required compliance to the evaluation criteria- Look Smart Uniforms Pty Ltd, The Trustee for Andrew Zacks and URSafeRite Pty Ltd. The Tender Evaluation Panel determined that there was no advantage to Council in considering these companies any further.

Price Evaluation

Each tenderer was required to provide a schedule of rates for the provision (supply & delivery) of a range of clothing items (workwear) for the seven (7) Council Departments/area mentioned previously. These items included, jackets, jumpers, variety of shirts (polo, corporate etc), footwear, personal protective equipment, aquatic range, and a range of specialised RID Squad, Ranger and Animal Services workwear. The estimate of usage and the rates provided by tenders was used as the basis for price evaluations, as well as individual unit rate analysis.

Shortlisted Tenderers

Following the initial evaluation process the three (3) shortlisted tenderers were invited to attend the St Marys Ripples Swim Centre to showcase their range of uniform options and answer any questions from the panel of evaluators. Those selected to participate were:

· BL Safety and Workwear Pty Ltd

· AllMakes Pty Ltd t/a Brandworx Australia

· Hallmark Sports Pty Ltd.

The Tender Evaluation Panel analysed each of the shortlisted tenderers to further evaluate their capability regarding the following criteria which was identified as part of the tender process:

· Methods of payment and the ordering, processing systems

· Account management support and general administration

· Delivery service capability

· Quality of products

BL Safety and Workwear Pty Ltd

BL Safety and Workwear is located at 30 Kilto Crescent Glendenning NSW 2761. They are fully backed and owned by Borger crane hire who were established over 40 years ago. They expanded into safety and workwear and have a very experienced sales team led by workwear expert Liam Li.

BL Safety and Workwear is fully Australian owned and operated. They are Supply Nation Registered, meaning that at least 50% is owned by indigenous Australians. They have an online ordering system that allows for Council departments to order from an individually tailored basket of goods. They have their own fleet of delivery vehicles and can deliver separately to each department.

AllMakes Pty Ltd t/a Brandworx Australia

Brandworx Australia is located at 61 Five Islands Road Port Kembla NSW 2505. They were established over 37 years ago and currently ship to over 3,000 locations nationwide, embroider over 100,000 logos per year and are ranked amongst the top 20 uniform suppliers in Australia.

Brandworx has been supplying Corporate, Workwear and PPE to Local Government for over 20 years. Brandworx utilise an online electronic web-based system with payment via purchase orders. They can offer an online ordering platform, where a fully customised Online Ordering Portal can be created for Penrith City Council.

Hallmark Sports Pty Ltd

Hallmark Sports Pty Ltd is located at Unit 5,13-14 Hallstrom Place Wetherill Park NSW 2164. Hallmark Sports have been the Children’s Services supplier for over 5 years. They have over 25 years’ experience in the apparel industry. Their factory covers all aspects of manufacturing from embroidery, digital printing and through to garment sewing and tailoring.

Hallmark Sports also provide an online purchase order electronic system and have proven Local Government experience supplying to numerous other councils Australia wide.

Evaluation of the Preferred Tenderer

Each tenderer shortlisted was assessed against the tender evaluation criteria including the individual unit rates submitted. The assessment showed that having two (2) tenderers on the uniform panel would be the most advantageous outcome for Council based on compliance, capacity, expenditure, product range, service levels and overall value for money. The following two suppliers were recommended:

· BL Safety and Workwear Pty Ltd

· AllMakes Pty Ltd t/a Brandworx Australia

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Andrew Moore – Corporate Services Director, Neil Farquharson - Financial Services Manager and Glenn McCarthy – Governance Manager, were briefed by Lana Axford – Supply Coordinator about the background and processes followed.

The TAG considered the recommendations in relation to the tender for the provision of the Supply of Uniforms, noting that the recommended tenderers have 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.

Financial Implications

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis. These checks are being completed by Equifax Australasia Credit Ratings Pty Ltd but have not yet been returned. The report recommends acceptance of the tender by BL Safety and Workwear Pty Ltd and AllMakes Pty Ltd t/a Brandworx Australia subject to the return of an acceptable financial report.

Funding for the purchase of uniforms is provided within the annual operational budgets of the relevant seven departments/area at Council. The recommended tenders represent the most cost-effective use of these annual operational budgets, with the tender cost quoted being based on the scheduled rates provided multiplied by estimated usage for the contract period.

Risk Implications

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

Conclusion

Based on the detailed evaluations against the criteria, the supplier presentations and pricing assessments, the tender evaluation committee are of the opinion that BL Safety and Workwear Pty Ltd and AllMakes Pty Ltd t/a Brandworx Australia offer the most advantageous tender to Council. It is recommended that a panel contract be established with both tenderers acting as suppliers for the provision of uniforms.

RECOMMENDATION

That:

1. The information contained in the report on RFT22/23- 009 Supply of Uniforms be received.

2. The two (2) shortlisted tenderers BL Safety and Workwear Pty Ltd and AllMakes Pty Ltd t/a Brandworx Australia be awarded the contract subject to the execution of a formal agreement with Council for the Supply of Uniforms for a period of 3 years with 2 x 1 year extension options.

3. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 February 2023

Audit, Risk and Improvement Committee

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

Authorised by: Anthony Robinson, Acting Legal Services Manager

Stephen Britten, Chief Governance Officer

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Undertake the audit program as agreed with the Audit Risk and Improvement Committee (ARIC) to ensure Council’s operations are ethical and efficient

Executive Summary

The report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 14 December 2022. The draft Minutes of the Audit, Risk and Improvement Committee meeting 14 December 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 generally reported to the Council on a quarterly basis.

Current Situation

The ARIC met on 14 December 2022. This was the fifth meeting of the ARIC for the 2022 calendar year (including an extraordinary meeting held on 18 October 2022 to consider the 2021-22 draft annual financial statements). The draft Minutes of the meeting held 18 October 2022, as provided to Council on 12 December 2022, were adopted without alteration.

A copy of the draft Minutes for the meeting of 14 December 2022 are attached to the report.

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

1. Welcomed the 2 new independent members to the ARIC and noted that management had provided to all independent members a comprehensive induction program on Council’s operations.

2. Reviewed the Final Management Letter for the Financial Statements Audit for the year ended June 2022 issued by the Audit Office of NSW. Noted that 15 issues were raised by the Audit Office, including 1 with a high risk rating and 5 with a moderate rating. Six past year matters were identified by the Audit Office as having been addressed. The ARIC noted that some recommendations made in the Management Letter were process improvements and/or industry wide issues and recommended that in future the ARIC provide input into the draft Management Letter recommendations and assigned risk ratings before they are finalised.

3. As Council has a significant program of work (in terms of dollar value, risk profile and community expectations) the ARIC received its first report on major projects being undertaken by Council. This will become a standing agenda item to ensure ARIC oversight, with the ARIC focusing on how risks in the projects are trending and whether project milestones and budgets are being appropriately managed. As an adjunct to this, the ARIC noted that Council will need to apply a sound project management system to manage these projects and that an internal audit report on the project management framework will be presented to the ARIC at its next meeting.

4. The ARIC received its regular updates on Council’s Four Year Delivery Program, the Risk and Legislative Compliance Review, the Procurement Compliance Update and the Status of the Internal; Audit Program. The ARIC recognised the linkages between these functions and discussed the importance that these reports take into account Council’s risks and identify trends to assist in identifying and managing those risks. The ARIC will work with management to devise a reporting format that will assist both management and the ARIC having enhanced oversight of these issues. In addition, a General Manager’s Update has been added to future ARIC agendas as a standing item, which will allow for discussion around emerging issues and items not otherwise covered by the usual ARIC reports.

5. The ARIC was advised on Council’s current Cyber Security status and activities planned in this area. It was noted that an internal audit of Council’s Cyber Security environment conducted in July 2022 identified that Council had completed significant work in this area and that it was in-line or ahead of similar sized Councils. As Council has planned further work to enhance its Cyber Security, the ARIC discussed the importance of ongoing risk analysis to ensure the appropriate level of security is applied without compromising the functionality needed by staff to perform their work and that attention be given to the cyber security arrangements of third parties providing IT services to Council. The ARIC noted that the phishing exercise conducted by Council had a relatively high “hit rate” and suggested that although a balanced approach is needed, phishing exercises should be conducted more regularly than twice a year to increase staff’s cyber security awareness.

6. Received a report on the status of the Internal Audit Plan for the current Financial Year and approved the deferral of the Key Risk Controls Audit (due to an extended staff vacancy). The ARIC will be reviewing the Internal Audit program for FY2023/2024 at its April 2023 meeting to ensure it remains relevant and addresses Council’s key risk areas. Noted continued work to implement internal audit recommendations and that Management continues to demonstrate a satisfactory commitment to implement audit recommendations. however the ARIC will continue to monitor this, particularly for those recommendations that become overdue and require time extensions.

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 14 December 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 for meeting of 14 December 2022

8 Pages

Appendix

Ordinary Meeting 27 February 2023

Summary of Investments & Banking for the period 1 January 2023 to 31 January 2023

Compiled by: James Legarse, Operational Project Accountant

Authorised by: Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

This report on the Summary of Investments & Banking for January 2023 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 January 2023 to 31 January 2023 and a reconciliation of invested funds as at 31 January 2023.

The investment returns versus the benchmark as a percentage for January 2023 are:

• Council portfolio current yield (including FRNs) 3.31%

• 90-day Bank Bill Swap rate (Benchmark) 3.32%

• Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps) 3.52%

• Original Budget estimated return (2022/23 Financial Year) 1.85%

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 January 2023, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for January 2023 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia at its 7 February 2023 meeting, for the ninth time in ten months, increased the cash rate to 3.35% - 25 basis points over the 3.10% of the former cash rate. This is attributed to the continued increase in the inflation rate which has caused a substantial disparity between the cash rate and inflation rate. As the cash rate increases, so do Council’s investments interest rates and interest income.

Council’s portfolio current yield compared to both the Bank Bill Swap Rate and Enhanced rate for the month of January 2023 was marginally below these benchmarks. The significant and successive increases in the cash rate, in recent times, have meant that Council’s portfolio has not been able to respond in the short term. Though Council has been proactive in securing the best rates on offer at the time they are placed, the successive and strong changes in cash rate have resulted in our current term deposit rates being quickly outweighed. Similar results should be expected over the coming months while the term deposits placed pre-cash rate increases, mature and are reinvested within the current market.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are favourably exceeding the Original Budget estimated return however are performing slightly lower than the Benchmark. 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 January 2023. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

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

2. The Council’s Cash Book and Bank Statements have been reconciled as at 31 January 2023.

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Andrew Moore

RECOMMENDATION

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 January 2023 to 31 January 2023 be received.

2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 January 2023 to 31 January 2023 be noted and accepted.

3. The graphical Investment Analysis as at 31 January 2023 be noted.

ATTACHMENTS/APPENDICES

1. ⇩

Investment Report as at 31 January 2023

6 Pages

Appendix

-	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 2022-23 Annual Statements are presented
∞	Meeting at which any comments on the 2022-23 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document