7 August 2024
Dear Councillor,
In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 12 August 2024 at 7:00 PM.
Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.
Yours faithfully
Andrew Moore
General Manager
BUSINESS
1. LEAVE OF ABSENCE
Leave of absence has been granted to:
Councillor Karen McKeown OAM – 12 August 2024 to 9 Septemebr 2024 inclusive.
2. APOLOGIES
3. CONFIRMATION OF MINUTES
Ordinary Meeting - 22 July 2024.
4. DECLARATIONS OF INTEREST
Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)
Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)
5. ADDRESSING COUNCIL
6. MAYORAL MINUTES
Mayor’s end-of-term retrospective.
Retirement of Eric Wright from Nepean Community College.
Celebrating and Honouring Jessica Fox OAM.
Congratulations to all local Olympians who competed at the Paris 2024 Olympic Games.
7. NOTICES OF MOTION TO RESCIND A RESOLUTION
8. NOTICES OF MOTION AND QUESTIONS ON NOTICE
9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES
Local Traffic Committee Meeting - 5 August 2024.
10. DELIVERY PROGRAM REPORTS
11. URGENT BUSINESS
12. COMMITTEE OF THE WHOLE
Monday 12 August 2024
table of contents
ADVANCE AUSTRALIA FAIR
WEBCASTING NOTICE
STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE
PRAYER
COUNCIL CHAMBER seating arrangements
meeting calendar
confirmation of minutes
PROCEDURE FOR ADDRESSING COUNCIL MEETING
MAYORAL MINUTES
report and recommendations of committees
DELIVERY program reports
ADVANCE AUSTRALIA FAIR
Australians all let us rejoice,
For we are one and free;
We’ve golden soil and wealth for toil;
Our home is girt by sea;
Our land abounds in nature’s gifts
Of beauty rich and rare;
In history’s page, let every stage
Advance Australia Fair.
In joyful strains then let us sing,
Advance Australia Fair.
WEBCASTING NOTICE
Please note that tonight’s meeting other than the
confidential sessions are being recorded and will be
placed on Council’s website. All in attendance should
refrain from making defamatory statements. Council
takes all care when maintaining privacy, however
members of the public gallery and those addressing
Council should be aware that you may be recorded.
Acknowledgement of Country
We acknowledge and pay respect to the Darug and Gundungarra people who are the traditional owners in which Penrith Local Government Area is situated.
We also pay our respect to elders past, present and emerging, and to the First Nations people living in our community today.
PRAYER
“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life. We come together as representatives of our community to make decisions that will benefit this city and the people within it.
We come not in a spirit of competition, not as adversaries, but as colleagues. Help us to treat each other with respect, with dignity, with interest and with honesty. Help us not just to hear the words we say, but also to hear each others hearts. We seek to be wise in all that we say and do.
As we meet, our concern is for this city. Grant us wisdom, courage and strength.
Lord, help us. We pray this in the name of Jesus Christ our Lord. Amen.”
Council Chambers
Seating
Arrangements
For members of the public addressing the meeting
Lectern
Directors
Clr
Mark Davies
South Ward
Clr Mark Rusev
South Ward
Clr Bernard Bratusa
East Ward
Clr Glenn Gardiner
North Ward
Clr Ross Fowler OAM
North Ward
Clr Marlene Shipley
East Ward
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Clr Jonathan Pullen
North Ward
Clr Sue Day
South Ward
Clr Kevin Crameri OAM
North Ward
Clr John Thain
North Ward
Clr Robin Cook
East Ward
Clr Karen McKeown OAM
South Ward
Directors
Oath of Office
I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.
Affirmation of Office
I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.
Local Government Act 1993, Section 233A
2024
MEETING CALENDAR
January 2024 - December 2024
(proposed to be adopted by Council – 20 November 2023)
|
TIME |
JAN |
FEB |
MAR |
APRIL |
MAY |
JUNE |
JULY |
AUG |
SEPT |
OCT |
NOV |
DEC |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
||
Ordinary Council Meeting
|
7:00pm |
29 |
12 26@
|
25 |
29 - |
27 #
|
24* |
22 |
12 26@ |
30^ |
28ü |
25∞#+ |
9 |
Policy Review Committee |
7:00pm |
|
12 |
|
|
|
3 |
|
12 |
|
14 |
|
2 |
- |
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 2023-24 Annual Statements are presented |
∞ |
Meeting at which any comments on the 2023-24 Annual Statements are adopted |
+ |
Meeting at which the Annual Report is presented |
> |
Briefing to consider Budget, draft fees & charges
and corporate document |
- Extraordinary Meetings are held as required.
- Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee, Councillor Briefings are confidential sessions).
Should you wish to address Council, please contact the Head of Governance, Adam Beggs on 4732 7597.
UNCONFIRMED MINUTES OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY 22 JULY 2024 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
WEBCASTING STATEMENT
His Worship the Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.
ACKNOWLEDGEMENT OF COUNTRY
His Worship the Mayor, Councillor Todd Carney read an Acknowledgement of Country.
PRAYER
The Council Prayer was read by the Head of Governance, Adam Beggs.
PRESENT – IN PERSON
His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Tricia Hitchen, Karen McKeown OAM, Mark Rusev, Marlene Shipley and John Thain.
PRESENT – ATTENDED REMOTELY
Councillor Glenn Gardiner.
APOLOGIES |
158 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OAM that the apology received from Councillor Jonathan Pullen be accepted. |
CONFIRMATION OF MINUTES - Ordinary Meeting - 24 June 2024 |
159 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 24 June 2024 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Karen McKeown OAM declared a Pecuniary Interest in Item 6 - Draft Penrith Aerotropolis Development Contributions Plan, Item 8 - Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia and Item 9 - NSW Government 'Get NSW Active' 2024-25 Financial Year:
Acceptance of Grant Funds, as she is a current Member of Parliament for Penrith. Councillor
Karen McKeown OAM stated that she would leave the meeting during consideration of these
items and would not take part in voting or discussion on the issues.
Councillor John Thain declared a Pecuniary Interest in Item 4 - Request for Community Event Sponsorship - Trustees of the Christian Brothers (t/a Edmund Rice Centre Winbourne), as he has a personal relationship with one of the Trustees of the Edmond Rice Centre. Councillor John Thain stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
Councillor Bernard Bratusa declared a Pecuniary Interest in Item 8 - Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia, as he is currently employed by Golf NSW and is a member of Wallacia Golf Club. Councillor Bernard Bratusa stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia, as he is employed as an electorate officer for Tanya Davies MP Member for Badgerys Creek. Councillor Mark Rusev stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia, as his wife is Tanya Davies MP Member for Badgerys Creek. Councillor Mark Davies stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
SUSPENSION OF STANDING ORDERS |
160 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm. |
Mr Vince Monteleone
Notice of Motion – Rural Drainage Audit Report, Notice of Motion – Rural Drainage – Funding and Item 11 - Summary of Investments & Banking for the Period 1 June 2024 to 30 June 2024
Mr Vince Monteleone, interest citizen spoke in support of the recommendation. Mr Monteleone expressed concerns regarding drainage and flooding issues in Llandilo, Londonderry and North Cranebrook. Mr Monteleone advocated that Council review the property investment strategy and implement a rural drainage construction and maintenance program. Mr Monteleone also suggested that Council statutorily invest the net ROCLA surplus asset funds into drainage projects across the Penrith LGA and seek external assistance from the NSW Audit Office to conduct a performance audit to assess the investments.
161 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day that an extension of time be granted to enable the speaker to complete his address, the time being 7:11pm.
Furthermore, Mr Monteleone emphasised the importance of Council investigating in the rural drainage issues in the North Ward of the Penrith LGA.
RESUMPTION OF STANDING ORDERS |
162 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM that Standing Orders be resumed, the time being 7:19pm. |
Procedural Motion |
163 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day that Notice of Motion - Rural Drainage Audit Report, Notice of Motion - Rural Drainage – Funding, Notice of Motion - Council Tree Policy and Notice of Motion - Fifth Avenue, Llandilo now be brought forward for consideration. |
NOTICES OF MOTION
1 Rural Drainage Audit Report |
A MOTION was moved by Councillor Glenn Gardiner seconded Councillor Kevin Crameri OAM that Council prioritise the renewal of existing rural drainage assets outlined in the Rural Drainage Audit Report, by way of:
1. Allocating $7.1M from the surplus funds realised from the sale of Emu Plains Industrial (Rocla) Project to fund the outstanding works.
2. Allocate funding to the operational plans of FY25 and FY26.
3. Complete all identified asset renewal items by 30 June 2026.
4. Authorise the expense associated with renewal of existing drainage channels where they are located on private property.
Councillor Ross Fowler OAM FORESHADOWED a further MOTION.
That:
1. A report be presented to a Briefing of the new Council which considers asset management maintenance priorities, including rural drainage maintenance and associated budgets.
2. Council note that an Audit has been completed and funded for the Northern Catchment of the LGA and that funding for the South and East Ward catchment audits will need to be allocated in future operational plans.
3. The report to explore opportunities to receive State and/or Federal funding in relation to the maintenance required, particularly regarding flood evacuation routes.
4. The report investigates options to accelerate the program and the timely and manageable delivery of the required works.
5. Council further notes that additional funding has already been allocated in the 2024/25 Operational Plan.
The MOTION was PUT.
The MOTION was LOST.
A FORESHADOWED MOTION moved by Councillor Ross Fowler OAM seconded Councillor John Thain was PUT.
A FORESHADOWED MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.
164 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. A report be presented to a Briefing of the new Council which considers asset management maintenance priorities, including rural drainage maintenance and associated budgets.
2. Council note that an Audit has been completed and funded for the Northern Catchment of the LGA and that funding for the South and East Ward catchment audits will need to be allocated in future operational plans.
3. The report to explore opportunities to receive State and/or Federal funding in relation to the maintenance required, particularly regarding flood evacuation routes.
4. The report investigates options to accelerate the program and the timely and manageable delivery of the required works.
5. Council further notes that additional funding has already been allocated in the 2024/25 Operational Plan. |
2 Rural Drainage - Funding |
Councillor Kevin Crameri OAM withdrew this Notice of Motion. |
3 Council Tree Policy |
165 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM that a report come back to Council regarding the tree policy in rural and residential areas. |
4 Fifth Avenue, Llandilo |
A Motion was MOVED by Councillor Kevin Crameri OAM seconded Councillor Sue Day that Council remove or modify any restriction on the flow of water on Fifth Avenue, Llandilo that could cause a rise of 1 metre on the water course that may cause some houses to be flooded five times in two years.
The MOTION was PUT.
The MOTION was LOST. |
Mayoral Minutes
1 Honoured Citizen Mr Alan Stoneham Councillors Mark Davies, Tricia Hitchen, John Thain and Ross Fowler OAM spoke in support of the Mayoral Minute. |
166 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies that the Mayoral Minute on Honoured Citizen Mr Alan Stoneham be received. |
2 Passing of John Boccanfuso Councillors Mark Davies, Marlene Shipley, Kevin Crameri OAM, Tricia Hitchen and Karen McKeown OAM spoke in support of the Mayoral Minute. |
167 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies that the Mayoral Minute on Passing of John Boccanfuso be received. |
Reports of Committees
1 Report and Recommendations of the Access Committee Meeting held on 14 February 2024 |
168 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 February, 2024 be adopted. |
2 Report and Recommendations of the Local Traffic Committee Meeting held on 1 July 2024 |
169 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 July, 2024 be adopted. |
3 Report and Recommendations of the Heritage Advisory Committee Meeting held on 26 June 2024 |
170 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 26 June, 2024 be adopted. |
DELIVERY PROGRAM REPORTS
Outcome 2 - We are welcoming, healthy, happy and connected
1 Community Funding Program for Endorsement |
171 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on Community Funding Program for Endorsement be received. 2. Council endorse the Community Funding Program Policy. 3. Council endorse the Community Funding Program Framework, including five (5) grants. 4. Council rescind the Subsidies to Performance Groups Program Policy, 2011 from 2025-26.
5. Council rescind the Community Assistance Program Policy, 2020.
6. Council write to all previous recipients for past program participation and confirm the changed historical funding allocations.
7. Council endorse delegated authority to the General Manager to apply the eligibility and assessment criteria to grants $5,000 or less without the requirement for a Council Report. |
2 Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown |
172 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown be received. 2. Council agree to the work to be undertaken on private property in accordance with the terms in the report, and that no charge be made to the owners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown. 3. Council endorse a licence agreement between the landowners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown and Council for the use of private land and associated works in accordance with the terms in the report, and the General Manager be delegated authority to enter into the licence agreement. |
3 Request For Major Event Sponsorship - New South Wales Driver Trainers Association Incorporated |
173 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on Request For Major Event Sponsorship - New South Wales Driver Trainers Association Incorporated be received. 2. Council endorse sponsorship funding of $1,500 (excl. GST) to New South Wales Driver Trainers Association Incorporated in support of the 2024 NSW Driver Trainers Annual Conference. |
Having previously declared an interest, Councillor John Thain left the meeting, the time being 8:39pm.
4 Request for Community Event Sponsorship - Trustees of the Christian Brothers (t/a Edmund Rice Centre Winbourne) |
174 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Request for Community Event Sponsorship - Trustees of the Christian Brothers (t/a Edmund Rice Centre Winbourne) be received. 2. Council endorse sponsorship of $1,000 (excl. GST) to The Trustees of the Christian Brothers (t/a Edmund Rice Centre Winbourne) in support of the 200 Years of Winbourne Open Day at Edmund Rice Retreat and Conference Centre. |
Councillor John Thain returned to the meeting, the time being 8:40pm.
Outcome 3 - We plan and shape our growing City
5 VPA for the delivery of road widening and upgrade works for Abbotts Road and part of Aldington Road, Kemps Creek |
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175 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on VPA for the delivery of road widening and upgrade works for Abbotts Road and part of Aldington Road, Kemps Creek be received. 2. Council endorse for notification the draft Voluntary Planning Agreement for Abbotts and Aldington Road, as separately enclosed and tabled. 3. Council resolves that it will not invite tenders in respect of this Agreement in accordance with the provisions of s 55(3)(i) of the Local Government Act by reason of extenuating circumstances namely, the requirement of the developer by virtue of SSD-9138102 to carry out road works on Council land which are provided for in the Mamre Road Precinct Development Contributions Plan. 4. A further report be prepared for Council following public notification of the draft VPA, if submissions are received that relate directly to specific matters negotiated for the VPA are received and amendments to the draft VPA are proposed. 5. Council endorses the draft VPA for Abbotts and Aldington Road for execution, where no submissions are received or submissions received do not relate to specific matters negotiated in the draft VPA, during the public notification period or no amendments are proposed. 6. If the draft VPA is to be executed, Council authorise the General Manager to finalise and sign the VPA and make any minor amendments where necessary (e.g. typographic errors, incorrect clause references, dates, and the like). 7. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 8:40pm.
6 Draft Penrith Aerotropolis Development Contributions Plan |
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176 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on Draft Penrith Aerotropolis Development Contributions Plan be received. 2. Council adopt the Draft Penrith Aerotropolis Development Contributions Plan with a levy rate of 5.6% and the associated background report, within Attachment 1 and Attachment 2 of this report. 3. Council provide the General Manager delegation to amend minor typographic or mapping errors in the Plan, should they exist. 4. The Department of Planning, Housing and Infrastructure and all submitters are informed of Council’s decision.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Having previously declared interests, Councillors Bernard Bratusa, Mark Davies and Mark Rusev left the meeting, the time being 8:41pm.
8 Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia |
177 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marlene Shipley That: 1. The information contained in the report on Proposed sale of Crown Land at Wallacia Golf Course, Lot 3 and 4 DP 18701 and Lot 1 DP 1254545 at 13 Park Road, Wallacia be received. 2. The draft submission appended be endorsed as Council’s final submission. |
Councillors Bernard Bratusa, Mark Davies and Mark Rusev returned to the meeting, the time being 8:41pm.
Outcome 4 - We manage and improve our built environment
9 NSW Government 'Get NSW Active' 2024-25 Financial Year: Acceptance of Grant Funds |
178 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Tricia Hitchen That: 1. The information contained in the report on NSW Government 'Get NSW Active' 2024-25 Financial Year: Acceptance of Grant Funds be received. 2. Council acknowledge acceptance of grant funding of $5,010,000 offered for the Get NSW Active shown in Table 1 for the 2024/25 financial year. 3. Council write to the Local State Members thanking them for their ongoing support and continued funding of active transport and road safety initiatives.
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Councillor Karen McKeown OAM returned to the meeting, the time being 8:43pm.
Outcome 3 - We plan and shape our growing City
7 Fire Safety Update |
This matter was not considered and will be deferred to the next Ordinary Meeting. |
Outcome 5 - We have open and collaborative leadership
10 Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Valda Silvy OAM |
179 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Valda Silvy OAM be received. 2. Council bestows the civic recognition of Honoured Citizen of the City of Penrith upon Valda Silvy OAM at a civic reception to be held at a mutually convenient time. 3. A further report be brought back to Council that considers an appropriate event or function to recognise the achievements of Valda Silvy OAM, including funding options. |
11 Summary of Investments & Banking for the Period 1 June 2024 to 30 June 2024 |
180 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Rusev That: 1. The information contained in the report on Summary of Investments & Banking for the Period 1 June 2024 to 30 June 2024 be received. 2. The Council’s Cash Book and Bank Statements have been reconciled as at 30 June 2024. |
URGENT BUSINESS
UB 1 Royce Simmons Foundation |
Councillor Tricia Hitchen requested that the amount of $1,000 from each Ward’s voted works be donated to the Royce Simmons Foundation to support the dementia walk. |
181 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency. |
His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
182 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the amount of $1,000 from each Ward’s voted works be donated to the Royce Simmons Foundation to support the dementia walk. |
UB 2 Thornton Community Centre |
Councillor Karen McKeown OAM requested that the amount of $576.66 from each Ward’s voted works be donated to the volunteer group that conducts conversational English classes for residents across the LGA for room hire at Thornton Community Centre a whiteboard. |
183 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Sue Day that the matter be brought forward and dealt with as a matter of urgency. |
His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
184 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Sue Day that the amount of $576.66 from each Ward’s voted works be donated to the volunteer group that conducts conversational English classes for residents across the LGA for room hire at Thornton Community Centre a whiteboard. |
UB 3 Leave of Absence |
Councillor Karen McKeown OAM requested a Leave of Absence from 12 August 2024 to 9 September 2024. |
185 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain. |
His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
186 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that Councillor Karen McKeown OAM be granted Leave of Absence from 12 August 2024 to 9 September 2024. |
UB 4 Memorial Plaque in Honour of John Boccanfuso |
Councillor Marlene Shipley requested that funding be allocated from each Ward’s voted works to install a memorial plaque in honour of John Boccanfuso in the garden outside Westfield Penrith. |
187 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Sue Day that the matter be brought forward and dealt with as a matter of urgency. |
His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
188 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Sue Day that funding be allocated from each Ward’s voted works to install a memorial plaque in honour of John Boccanfuso in the garden outside Westfield Penrith. |
Committee of the Whole
189 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:52pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Mark Rusev seconded Councillor Mark Davies that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 5
2 Easement Creation & Release - Belmore Street Carpark Penrith
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Council Property - New Licence - Tench Reserve Wharf
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
4 Proposed Sale of Council Owned Land Located in Werrington
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
5 Compulsory Acquisition of Part Lot 2 DP719910 being 2 Reid Street Werrington County for Public Road Purposes for the Dunheved Road Upgrade
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
6 Council Property - New Lease Amendment - Suite 2, 54 Henry Street 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 discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 8:53pm and the General Manager reported that the Committee of the Whole met at 8:52pm on Monday, 22 July 2024, the following being present
His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Glenn Gardiner, Tricia Hitchen, Karen McKeown OAM, Mark Rusev, Marlene Shipley and John Thain.
and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.
CONFIDENTIAL BUSINESS
2 Easement Creation & Release - Belmore Street Carpark Penrith |
190 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Easement Creation & Release - Belmore Street Carpark Penrith be received. 2. Council supports the infrastructure relocation and endorses the proposed release and creation of the easements over Council owned land as detailed within this report. 3. Council accept the compensation value as set out in the body of the report. 4. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter. 5. The compensation received be allocated to the Property Reserve. |
3 Council Property - New Licence - Tench Reserve Wharf |
191 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Council Property - New Licence - Tench Reserve Wharf be received. 2. Council commence the advertising process for a new 5 year Licence Agreement over Tench Reserve Wharf Precinct at Tench Avenue Jamisontown in accordance with Section 47A of the Local Government Act 1993. 3. Upon completion of the advertising process, Council enter into a new 5 year Licence Agreement, over Tench Reserve Wharf Precinct at Tench Avenue Jamisontown. 4. All funds received from the licence be allocated to the Property Reserve. 5. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to negotiate and sign all necessary legal documents in relation to this matter. |
4 Proposed Sale of Council Owned Land Located in Werrington |
192 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM CW4 That: 1. The information contained in the report on Proposed Sale of Council Owned Land Located in Werrington be received. 2. Council endorse the sale of the properties as per the terms and conditions listed within this report. 3. The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter. |
5 Compulsory Acquisition of Part Lot 2 DP719910 being 2 Reid Street Werrington County for Public Road Purposes for the Dunheved Road Upgrade |
193 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM CW5 That: 1. The information contained in the report on Compulsory Acquisition of Part Lot 2 DP719910 being 2 Reid Street Werrington County for Public Road Purposes for the Dunheved Road Upgrade be received. 2. The following land and interest be compulsory acquired by agreement under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by authority contained in the Roads Act 1993 (NSW) for the purposes of the Dunheved Road Upgrades: a. Proposed acquisition Lot 211 in DP1295266, being part of Lot 2 DP719910 and having an area of 472.1m2 b. Dealing: AP63558 Biobanking Agreement # 407 3. Upon acquisition, Council dedicates Lot 211 DP1295266 as public road in accordance with Section 10 of the Roads Act 1993 (NSW). 4. 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. |
6 Council Property - New Lease Amendment - Suite 2, 54 Henry Street Penrith |
194 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM CW6 That: 1. The information contained in the report on Council Property - New Lease Amendment - Suite 2, 54 Henry Street Penrith be received. 3. All funds received from the lease be allocated to the Property Reserve. 4. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter. |
ADOPTION OF Committee of the Whole
195 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Robin Cook that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:58pm.
Procedure for Addressing Meetings
Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.
Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.
Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.
In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.
It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.
It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege). A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.
Prior to addressing the meeting the person will be required to sign the following statement:
“I (name) understand that the meeting I intend to address on (date) is a public meeting. I also understand that should I say or present any material that is inappropriate, I may be subject to legal action. I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.
Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.
The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.
It is up to the Council or Committee to decide if the request to address the meeting will be granted.
Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.
The Chairperson will then call the person up to the lectern or speaking area.
The person addressing the meeting needs to clearly indicate:
· Their name;
· Organisation or group they are representing (if applicable);
· Details of the issue to be addressed and the item number of the report in the Business Paper;
· Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;
· The interest of the speaker (e.g. affected person, neighbour, applicant, applicants spokesperson, interested citizen etc).
Each person then has five minutes to make their address. Those addressing Council will be required to speak to the written statement they have submitted. Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue.
The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.
Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.
When this occurs, they should then return to their seat.
Adam Beggs
Public Officer
02 4732 7597
Mayoral Minutes
Item Page
1 Mayor’s end-of-term retrospective 1
2 Retirement of Eric Wright from Nepean Community College 5
3 Celebrating and Honouring Jessica Fox OAM 6
Verbal
4 Congratulations to all local Olympians who competed at the Paris 2024 Olympic Games
Mayoral Minute
Mayor’s end-of-term retrospective
Tonight, as my Mayoral term is coming to an end, I would like to reflect on what has been an exciting and transformative time for Penrith, as well as a challenging and extremely rewarding period for me.
My vision at the beginning of my term as Mayor was one of delivering and advocating for the City of Penrith, which I have had the opportunity to do at a number of parliamentary inquiries and Ministerial meetings. I am pleased that as a Councillor team we have focused our advocacy efforts to deliver the clear remit that we want to deliver housing and grow our local jobs, and that this is contingent on the delivery of infrastructure to support growth.
This includes key roads to connect our people and business to the opportunities coming from the Western Sydney International Airport, while delivering housing in the right places at the right time supported by the right infrastructure. Importantly, we continue to seek clarity from the government in relation to flooding to be able to plan responsibly for growth.
Proactive investment in infrastructure is key to fulfilling Penrith’s vision. The funding provided by the Federal and State Governments for vital transport links like Mulgoa and Mamre Roads means it will ease congestion as our city grows. It’s long-term vision and consistent investment that is necessary to drive Western Sydney's economic potential and productivity gains. We continue to advocate for essential infrastructure to set Penrith up for the future such as Castlereagh Connection and the Werrington Arterial, both of which will not only better connect our city but the region.
St Marys has always been a focus for me as a Councillor and during my time as Mayor. I’m pleased with the great work Council has undertaken to create a modern and connected St Marys town centre.
Our evidence-based and comprehensive planning framework for the St Marys Town Centre will deliver better housing and employment outcomes with amenity in mind. The St Marys Town Centre Master Plan is a balanced and nuanced approach that importantly includes an Infrastructure Delivery Plan and Funding Strategy to support the planned growth, and I’m pleased the Minister for Planning, through our advocacy, has allowed us to continue this this work.
The City of Penrith is growing at an exponential rate, with the new Western Sydney International Airport, the Sydney Metro rail line, and a huge array of projects that focus on creating a greener, more liveable city. This is an exciting time for our community.
We need to set Penrith and Western Sydney up for the future so it cannot be left behind. I have worked closely with my counterparts in the Western Sydney Councils of The Parks, driving collaboration with the Australian, State and Local Governments to deliver key City Deal commitments and advocate for the Western Parkland City.
I have really valued having an active role on the National Growth Areas Alliance Strategic Advisory Committee and the work we do together to overcome the challenges Growth Areas across the Nation face.
The endorsement of the Penrith Aerotropolis Development Contributions Plan highlights the brilliant work our staff have put into the delivery of crucial infrastructure to support the Western Sydney Aerotropolis precinct. This includes roads, open spaces and community infrastructure that is valued at around $830 million.
The Western Sydney International Airport is set to be the catalyst for much of the region’s future development, so the importance of having the development contributions plan in place is vital. The exciting opportunities that will arise from the connectivity to the airport will create new developments and employment opportunities across a range of industries including tourism, advanced manufacturing, freight and logistics.
As Penrith is experiencing transformational change across our City, Council’s recently endorsed Economic Development and Visitor Economy Strategy outlines how we can shape this sector for the future. These strategies are a comprehensive plan of action to support economic growth and create jobs, as well as enhancing lifestyle and experiences for locals and visitors across the city. A fantastic outcome for our residents, members of our business community, and key stakeholders.
During my term, it has been a pleasure to see residents out and about at Council events, enjoying our city and connecting with friends and family. St Marys Lights Up celebrated another successful year of bringing the Penrith community together at Queen Street, seeing 15,000 people enjoying live music, art, food trucks and other family-friendly fun.
Council’s annual NAIDOC Week event had an incredible turn out of over 10,000 attendees at Jamison Park. NAIDOC Week is always a special time for the community to come together to celebrate the unique histories, cultures, and achievements of First Nations peoples.
Celebrating the wonderful community campaigns that Council staff have created this year is a testament to the hard work and dedication they have to the people of Penrith, which makes me proud to be Mayor of this fantastic City.
The Mayoral Charity Fundraiser event was my way of giving back to the Penrith Community Kitchen, just as they support so many in our community. With Andrew Daddo as emcee, the Fundraiser was held in June and saw our organisation and the community band together to raise a remarkable $67,000 for the Kitchen. I will be forever grateful to everyone who contributed to help so many individuals and families who are doing it tough in our community.
I was thrilled to launch Council’s 'One Community, Many Abilities' campaign telling the stories of five inspiring Penrith residents living with disability. The campaign has reached more than 1 million people across social media channels and is a testament to the inclusive spirit of Penrith. Along with my Councillor colleagues and led for many years by the passion of Councillor Tricia Hitchen with the Access Committee, we are committed to making our city a place where everyone is celebrated and valued for their unique contributions.
Some of Penrith’s most enthusiastic, compassionate, and selfless residents were recognised for their contributions to the people and City of Penrith at the 2024 Local Celebration Awards. It is always a fantastic opportunity when we get to celebrate the unsung heroes in our local community.
The upgrade and delivery of green spaces has been a real highlight during my term. There have been many parks, play spaces, amenity buildings, reserve upgrades and naming ceremonies which I’ve had the pleasure of opening during my time as Mayor.
The opening of City Park has been a game changer for the City. Just minutes away from the station and the shopping centre, it’s part of our work to revitalise the City Centre and create green, open spaces for people to enjoy.
One of the most anticipated openings will be our magnificent Gipps Street Recreation Precinct set to open soon. It will be the biggest and best sports and recreation destination in the Penrith LGA. The 32-hectare precinct will feature sports fields of various sizes to suit multiple sports, two netball courts, and cricket nets, which will all be floodlit to ensure they can be utilised to their maximum capacity. I can’t wait to take my kids to try out these fantastic facilities.
Within the coming months, it will be wonderful to see Regatta Park completed and have the community enjoy our beautiful Nepean River. I am sure that it will be a popular spot among residents and visitors once completed, delivering another part of Our River Master Plan.
I am proud of our excellent sporting and recreation facilities which see champion individuals and teams call Penrith home, our green open spaces, vibrant local events, and the many local opportunities for families to learn, work, grow and exercise within our city.
The collaboration with the State and Federal Government to deliver recreational spaces and important infrastructure through funding has been a big win for Western Sydney. These facilities become the starting point for future sporting champions, just as the Penrith Whitewater Stadium has been for Jessica and Noemie Fox on their successful pathway to Olympic Gold in Paris.
This summer, I was thrilled with the success and popularity of Penrith Beach, with close to 200,000 people visiting this beautiful part of the Penrith area since its opening in December 2023. I am delighted that the community has embraced this hidden gem in Penrith and look forward to its reopening this summer.
Earlier this year, the NSW Government committed $309 million to upgrading Penrith Stadium. I’m excited to see the Penrith Stadium redevelopment transform the precinct into a modern venue for sports and entertainment. This is a win for fans and for Western Sydney.
Council’s commitment to upgrading road blackspots through the Australian Government Black Spot Program has seen a 519% reduction in traffic accidents. This equates to a cost saving of just over $25.3 million dollars to the community. I credit this to the proactive approach of our Council, making the community safer on our roads.
A thank you is also extended to our emergency services who continue to work to ensure our community is safe during disaster. Your efforts are recognised and acknowledged by our community and Council.
I would like to pay a special thank you to my family. As our city continues to grow and challenges, we face due to the growth, I felt it was important for our city and our community that I put everything into the role as Mayor. After finishing my role as A National Service Manager, I became Mayor full time, this had a financial impact on my family, but more importantly, it impacted on the time I sent with them.
The one thing I could always count on, despite the challenges, was the love and support from my wife Sharon and my 3 kids Zach, Lily and Indie. Without their support there would be no way I could have taken on the role. So, to Sharon and the kids thank you for all your love and support over the past 12 months and allowing me the chance to be Mayor.
I would also like to thank all the staff for your assistance throughout the past 12 months. From Andrew Moore to the directors, Managers, office staff to the outdoor staff you have all been fantastic, I couldn’t think of a better team to work with. I would like to make a special mention of Julie, Cathy, Mia, Rebecca, Marissa and of course Andrew or as we like to call him Faz. Thank you all for your help, it has been greatly appreciated.
There is so much more to come for our city. As I look forward to watching these next milestones unfold across Penrith, I thank everyone who has helped me along the way during my memorable Mayoral term. In particular, I would like to mention Councillor Tricia Hitchen, who as Mayor supported me during my Deputy Mayoral term, and my Deputy Mayor Councillor Mark Davies for his support. I would also like to thank Councillor John Thain for your support and mentorship throughout my Mayoral term.
Thank you for your assistance, encouragement and advice.
During my time on council, I have found the collaboration of councillors has been the driving force behind our city's transformation into a vibrant and liveable city and I hope this collaboration continues for the betterment of Penrith.
I wish the incoming Council the absolute best and hope to continue working alongside them after the upcoming Local Government elections.
Councillor Todd Carney
Mayor of Penrith
That the Mayoral Minute on Mayor’s end-of-term retrospective be received.
Mayoral Minute
Retirement of Eric Wright from Nepean Community College
Since its founding days in 1988, Eric Wright has been Principal at Nepean Community College for over 35 years. Throughout the years, Eric has nurtured and transformed the College into the thriving institution and the community education hub that it is today.
During Eric’s time, he has overseen many thousands of students of all ages, abilities and backgrounds come through the doors. I have had the privilege of working closely with Eric during my time on the Board of the Community College and have witnessed first hand Eric’s constant quest for ways in which the college could innovate and find different and engaging ways to provide a supportive and effective education service to the community.
Eric has been instrumental in implementing processes and procedures for other colleges across the state, and mentoring principals on how to create successful educational organisations. The community, his staff and students are constantly at the forefront of Eric’s mind, motivating him throughout the years to guide and lead with the upmost enthusiasm.
Even though the COVID-19 pandemic brought a period of uncertainty, Eric ensured everyone in the college was safe and comfortable, enabling learning to continue online. Eric’s leadership has ensured the Nepean Community College provides a viable service to the community.
Eric announced his retirement in July and has taken his well-deserved long service leave to spend time with his family. It will be a huge loss to the staff and students at Nepean Community College and I wish him all the best in retirement and his future endeavours.
Councillor Todd Carney
Mayor of Penrith
That the Mayoral Minute on Retirement of Eric Wright from Nepean Community College be received.
Mayoral Minute
Celebrating and Honouring Jessica Fox OAM
I’m sure everyone in Penrith was cheering on our golden girl Jess Fox OAM as she made history in Paris, winning gold in Women’s C1 and K1 Slalom events. The win meant that she is the first ever athlete to win golds in both Olympic canoe and kayak. This outstanding achievement by Jess, one of our all-time great Olympians now has six individual Olympic medals including three gold, one silver and two bronze, more than any Australian in history.
As a way for the City of Penrith to congratulate Jess on her outstanding performance at the Paris Olympic Games, as well as her contribution to the sport of paddling, it is fitting that we present her with the Key to the City.
This symbolic gesture is the highest honour awarded by the City of Penrith to individuals or organisations and is only awarded in exceptional circumstances to acknowledge an outstanding achievement or contribution.
At a suitable event in the coming months, Council will bestow this honour to Jess.
Congratulations to Jess, the G.O.A.T of Australian and international paddling!
Councillor Todd Carney
Mayor of Penrith
That the Mayoral Minute on Celebrating and Honouring Jessica Fox OAM be received.
Reports of Committees
Item Page
1 Report and Recommendations of the Local Traffic Committee Meeting held on 5 August 2024 1
REPORT AND
RECOMMENDATIONS OF THE
Local Traffic Committee
MEETING
HELD ON 5 August, 2024
PRESENT
Councillor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Councillor Mark Rusev (Representative for the Member of Badgerys Creek), Siva Balasubramaniam – Transport for NSW (TfNSW), Raymond Tran – Transport for NSW (TfNSW) and Sergeant Stephen Page – Nepean Police Area Command (PAC).
IN ATTENDANCE
Andrew Jackson – Director Planning and Regulatory Services (Chair), Kablan Mowad – Acting Traffic Engineering Coordinator, Caitlin Bailey – Senior Traffic Engineer, Isaac Mann – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Lalaine Malaluan – Senior Transport Engineer, Dennis Anthonysamy – Senior Transport Engineer, Karl Magistrado – Traffic Engineer, Roshlyn Naidu – Trainee Engineer, Suzan Mehmet – Road Safety Officer, Chloe Lammers – Engineering Services Secretary, Jasmin Toro – Traffic Administration Officer, Ben Cantor – Busways, Paul Bottomley – Blue Mountains Transit (CDC NSW) and James Duguid – Transit Systems.
APOLOGIES |
Councillor Karen McKeown OAM (Council Representative), Joshua Hull – Acting Head of Engineering Services, Michael Alderton – Acting Head of Engineering Services, Phil Saverimuttu – Senior Traffic Engineer. |
OPENING
Andrew Jackson – Director Planning and Regulatory Services (Chair) advised that this will be the last Local Traffic Committee meeting for the current term of Council and thanked Councillors for their participation in this Committee. Andrew Jackson also gave special mention to Councillor Tricia Hitchen (Representative for the Member of Penrith) and Councillor Karen McKeown OAM (Council Representative) who will be finishing up with Council and thanked them for their service, participation and considered input to the Local Traffic Committee for this term and previous terms.
CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 July 2024 |
That the minutes of the Local Traffic Committee Meeting of 1 July 2024 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Mark Rusev (Representative for the Member of Badgerys Creek) declared a non-pecuniary less than significant interest for Item 8: Penrith Christmas Tree Lighting Event - Friday 15 November 2024 as he is on the board of the Penrith CBD Corporation as Council’s Representative.
DELIVERY PROGRAM REPORTS
Andrew Jackson – Director Planning and Regulatory Services (Chair) advised that Transport for NSW has requested Item 11: Nepean Avenue, Penrith – Endorsement of Design 111031-002-CD001 - 111031-002-CD200 for Construction be brought forward to the start of the meeting and be considered as the first item to allow TfNSW staff to be involved in the discussion.
Outcome 4 - We manage and improve our built environment
1 Nepean Avenue, Penrith –Endorsement of Design Plans 111031-002-CD001 -111031-002-CD200 for Construction |
Paul Bottomley – Blue Mountains Transit (CDC NSW) and Raymond Tran – Transport for NSW (TfNSW) raised some matters for consideration with regards to swept paths and footpath treatment across Fitch Avenue, Penrith. Council will address these matters as it moves to a 100% detailed design. RECOMMENDED That: 1. The information contained in the report on Nepean Avenue, Penrith –Endorsement of Design Plans 111031-002-CD001 -111031-002-CD200 for Construction be received. 2. The Design Plans 111031-002-CD001 - 111031-002-CD200 for the proposed works along Nepean Avenue and Memorial Avenue, Penrith, be endorsed for construction as shown in Attachment 1 subject to the final detailed design plans being referred to the relevant stakeholders, including TfNSW and relevant bus operators. The plans shall include amendments to address the matters raised by TfNSW and bus operators. 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. 4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. |
Raymond Tran – Transport for NSW (TfNSW) left the Local Traffic Committee meeting and the time being 9:14am.
2 IRONMAN 70.3 Western Sydney - Sunday 22 September 2024 - Sydney International Regatta Centre |
RECOMMENDED That: 1. The information contained in the report on IRONMAN 70.3 Western Sydney - Sunday 22 September 2024 - Sydney International Regatta Centre 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. As per Attachment 1 and Attachment 2, approval be given for the temporary closure of the following roads from 4:00am to 3:30pm on Sunday 22 September 2024: · McCarthys Lane - Pipe Gate to Castlereagh Road · Castlereagh Road - Between Andrews Road and Springwood Road · Brooks Lane - Between Castlereagh Road and Wilshire Road · Wilshire Road - Between Brooks Lane and Jockbett Road · Jockbett Road - Between Wilshire Road and The Driftway · The Driftway - Between Castlereagh Road and Londonderry Road · Old Castlereagh Road - Between SIRC and Castlereagh Road 4. The Traffic Management Plan for the “Ironman 70.3 – Western Sydney” on Sunday 22 September 2024 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 Traffic 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 two weeks 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) 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. j) 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 four weeks prior to, and during, the event. k) 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. l) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017. m) The event applicant advises competitors to obey road rules and Police directions during the event. 5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW. 6. All works as part of this approval be conducted 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. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system. 9. Council’s City Presentation team be notified to ensure access is provided through Nepean Street, Cranebrook, on the day of the event. 10. The applicant be advised of Council’s resolution.
|
3 288 High Street, Penrith - Endorsement of Signage Plan |
RECOMMENDED That: 1. The information contained in the report on 288 High Street, Penrith - Endorsement of Signage Plan be received. 2. The signage plan by Fernway Engineering (Drawing no. TR-001, Revision A, dated 22 April 2024) be endorsed for installation, as shown in Appendix 1. 3. All works associated with the installation of the signage and line marking shall be undertaken by the applicant at no cost to Council. 4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. 5. The applicant and Council’s Rangers be advised of Council’s resolution. |
4 REAL Festival - Friday 20 September 2024 to Saturday 21 September 2024 - Tench Avenue, Jamisontown |
Councillor Tricia Hitchen (Representative for the Member of Penrith) enquired about the accessible parking opposite The Orchard restaurant and whether members of the public simply drive down Jamison Road to utilise this accessible parking. Caitlin Bailey - Senior Traffic Engineer confirmed that it is her understanding that members of the public can drive down Jamison Road to utilise this accessible parking and there will be marshals present along Tench Avenue to help direct and assist motorists. RECOMMENDED That: 1. The information contained in the report on REAL Festival - Friday 20 September 2024 to Saturday 21 September 2024 - Tench Avenue, Jamisontown 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. As per Attachment 1, approval be given for the temporary closure of the northbound lane of Tench Avenue, between Cross Street and Jamison Road, on Friday 20 September 2024 and Saturday 21 September 2024, between 2:00pm and 11:00pm, or in the event of postponement, on Friday 18 October 2024 and Saturday 19 October 2024, between 2:00pm and 11:00pm. 4. The Traffic Management Plan for the REAL Festival from Friday 20 September 2024 to Saturday 21 September 2024, or in the event of postponement Friday 18 October 2024 to Saturday 19 October 2024, 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 Traffic 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 maintain a Certificate of Currency for Public Liability Insurance of minimum $20 million. e) A detailed Traffic Guidance Scheme be prepared by a qualified and certified professional and submitted to 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 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 two weeks 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) 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. j) The event applicant notifies bus companies of the proposed event. Bus companies shall be requested to advertise any changed route for affected buses at least four weeks prior to, and during, the event. k) 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. l) 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 and/ or special event clearways are subject to the separate approval of Transport for NSW. 6. 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. 7. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system. 8. The applicant be advised of Council’s resolution.
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5 Jamison Park, South Penrith - Proposed Accessible Parking Spaces |
RECOMMENDED That: 1. The information contained in the report on Jamison Park, South Penrith - Proposed Accessible Parking Spaces be received. 2. Four (4) accessible parking spaces with shared areas and associated signage and line marking, be installed within Jamison Park, South Penrith off-street parking facility in accordance with AS2890.6:2022, as illustrated in Appendix 1. 3. The two (2) existing accessible parking spaces in the southern car park of Jamison Park, South Penrith be removed and converted to standard parking spaces as shown in Appendix 1. 4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. 5. The customer who reported the matter and Council’s Ranger Services Department be advised of Council’s resolution. |
6 VIC100 - Sunday 24 November 2024 |
Ben Cantor – Busways enquired about the lane closure on Mulgoa Road and Castlereagh Road, between Jamison Road and Andrews Road and whether arrangements will be made for buses to still have access to the bus stops at this location. Caitlin Bailey - Senior Traffic Engineer believes buses should not be impacted and should still have access to the bus stops at this location. Caitlin Bailey advised this matter falls under the responsibility of TfNSW and TfNSW has supported the event to proceed. RECOMMENDED That: 1. The information contained in the report on VIC100 - Sunday 24 November 2024 be received. 2. The event applicant be advised that this is a Class 1 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. As per Attachment 1, approval be given for the temporary closure of the following roads and times on Sunday 24 November 2024: · Tench Avenue – Between Bellevue Road and Jamison Road from 4:00am to 8:00am · Jamison Road - Between Tench Avenue and Mulgoa Road, from 5:00am to 8:00am. 4. The Traffic Management Plan for the VIC100 on Sunday 24 November 2024 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 (TfNSW) and Traffic Management Centre (TMC) 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 two weeks 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) 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. j) 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 four weeks prior to, and during, the event. k) 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. l) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017. m) The event applicant advises participants to obey road rules and Police directions during the event. 5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW. 6. All works as part of this approval be conducted 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. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system. 9. The applicant be advised of Council’s resolution. |
7 Erskine Business Park – Consultation Feedback on the Proposed 'No Parking – Motor Vehicles Under 4.5t GVM Excepted' Signage |
RECOMMENDED That: 1. The information contained in the report on Erskine Business Park – Consultation Feedback on the Proposed 'No Parking – Motor Vehicles Under 4.5t GVM Excepted' Signage be received. 2. The proposed ‘No Parking – Motor Vehicles Under 4.5t GVM Excepted’ signage and associated signage and line marking be installed within Erskine Business Park as shown in Attachment 1. 3. The respondents who made a submission to Council be advised of Council’s resolution. 4. Council’s Traffic and Transport Engineers write to Transport for NSW requesting they investigate provision of heavy vehicle rest areas and facilities in the vicinity of Erskine Business Park to support the needs of truck drivers. 5. Council’s Traffic and Transport Engineers write to Nepean Police Area Command requesting they undertake patrols and enforcement action in the area against any hooning activity, particularly at the end of Quarry Road where there have been multiple reported instances of burnouts. 6. Council’s Asset Management section be advised of Council’s resolution for the updating of Council’s assets register. 7. Council’s Rangers be advised of Council’s resolution.
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8 School House Road, Regentville – Proposed 30m Full Time ‘Bus Zone’ Restrictions |
RECOMMENDED That: 1. The information contained in the report on School House Road, Regentville – Proposed 30m Full Time ‘Bus Zone’ Restrictions be received. 2. Notification be provided to affected properties and Regentville Public School regarding the proposed installation of 30m full time ‘Bus Zone’ restrictions on School House Road, Regentville, fronting Regentville Public School, as shown in Appendix 1. 3. Following notification to affected properties and the school, the 30m full time ‘Bus Zone’ restrictions on School House Road, Regentville, fronting Regentville Public School, be installed as shown in Appendix 1. 4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. 5. Busways and Council’s Rangers be advised of Council’s resolution. |
9 Penrith Christmas Tree Lighting Event - Friday 15 November 2024 |
Councillor Mark Rusev (Representative for the Member of Badgerys Creek) declared a non-pecuniary less than significant interest for this item as he is on the board of the Penrith CBD Corporation as Council’s Representative. RECOMMENDED That: 1. The information contained in the report on Penrith Christmas Tree Lighting Event - Friday 15 November 2024 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. As per Attachment 1, approval be given for the temporary closure of the following streets between 1:00pm and 11:00pm on Friday 15 November 2024: • High Street, between Station Street and Castlereagh Street; • Woodriff Street, between High Street and Memory Park (allowing access to Judges Place car park and Astina); and • Masters Place car park exit to Woodriff Street, between 6:00am and 11:00pm. 4. The Traffic Management Plan for the Christmas Tree Lighting Event on 15 November 2024 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 Traffic 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 2015. 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 two weeks 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. 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. j. 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 four weeks prior to, and during, the event. k. 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. l. The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2015. 5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW. 6. All works as part of this approval be conducted 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. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system. 9. The applicant be advised of Council’s resolution. |
10 Kiber Drive and Surveyors Creek Road, Glenmore Park and The Lakes Drive, Alston Street and Surveyors Creek Road, Glenmore Park - Proposed Speed Cushions at the Roundabouts |
RECOMMENDED That: 1. The information contained in the report on Kiber Drive and Surveyors Creek Road, Glenmore Park and The Lakes Drive, Alston Street and Surveyors Creek Road, Glenmore Park - Proposed Speed Cushions at the Roundabouts be received. 2. Consultation be undertaken with affected properties regarding the proposed rubber speed cushions at the intersection of Surveyors Creek Road and Kiber Drive, Glenmore Park. 3. Subject to no substantial objections received, three new rubber speed cushions and the associated advisory signs to be installed at the roundabout at the intersection of Surveyors Creek Road and Kiber Drive, Glenmore Park, as shown in Appendix 1. 4. A replacement rubber speed cushion be installed on The Lakes Drive leg of the roundabout at the intersection of Surveyors Creek Road, Alston Street and Lakes Drive, Glenmore Park, as shown in Appendix 1. 5. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. 6. The project be funded from Council’s Traffic Facilities Program budget. |
11 Factory Road, Regentville - Endorsement of Design Plans 110932-02 for Construction |
Andrew Jackson – Director Planning and Regulatory Services (Chair) advised that Council will be getting $4.4 million through the State Government grant program to deliver this pathway and it will be a fantastic addition to this precinct and will support events. RECOMMENDED That: 1. The information contained in the report on Factory Road, Regentville - Endorsement of Design Plans 110932-02 for Construction be received 2. Notification be undertaken with affected residents and surrounding businesses (following on from the consultation undertaken in November 2023) regarding the proposed Design Plans 110932-02, dated 30 May 2024, as shown in Appendix 1. 3. Following notification to affected residents and surrounding businesses, Design Plans 110932-02 be endorsed for construction with funding provided under the Get NSW Active Program 2024/25 and Council co-contribution. 4. 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 5. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register. |
GENERAL BUSINESS
GB 1 Nepean Avenue, Penrith – Speeding Vehicles |
Councillor Robin Cook (Representative for the Member of Londonderry) advised that she is raising this general business item on behalf of Councillor Karen McKeown OAM (Council Representative). There have been instances of speeding vehicles along Nepean Avenue, Penrith and Councillor Karen McKeown OAM (Council Representative) has requested that a traffic volume and speed count be undertaken. RECOMMENDED That: 1. Council’s Traffic Engineers investigate speeding vehicles along Nepean Avenue, Penrith and a traffic volume and speed count be undertaken. 2. Council’s Traffic Engineers advise Councillor Karen McKeown OAM (Council Representative) of the outcome. |
GB 2 Bus Route from Ropes Crossing to Nepean Hospital |
Councillor Robin Cook (Representative for the Member of Londonderry) advised that she attended an Access Committee meeting last month and one of the Committee members raised concerns about the absence of a direct bus route from Ropes Crossing to Nepean Hospital. The bus route the Committee member travelled on stopped at St Marys Train Station and patrons were required to disembark and cross over and catch a connecting bus in one of the two bus bays/stands. The Committee member advised that the two bus bays/stands are not clearly signposted and the customer missed the connecting bus. The Committee member would like clearer signage at the bus bays/stands to assist patrons and is enquiring why there is not a direct bus straight from Ropes Crossing to Nepean Hospital. Ben Cantor – Busways advised that he is happy for this matter to be forwarded onto him and he and his team will investigate the bus routes and determine the best bus route option for the Committee member to use. Ben Cantor also advised that the signage at St Marys Train Station is the new TfNSW’s wayfinding signage which is standard at train stations. RECOMMENDED That: 1. Council’s Traffic Engineers write to Busways requesting a review of the current bus route from Ropes Crossing to Nepean Hospital and investigate the possibility of providing a direct bus route can be provided from Ropes Crossing to Nepean Hospital or the best bus route option for the customer to use. 2. Council’s Traffic Engineers write to Transport for NSW requesting a review of the current signage at the two bus bays/stands at St Marys Train Station and request TfNSW provide any additional required signage at this location to assist patrons. 3. Council’s Traffic Engineers advise Councillor Robin Cook (Representative for the Member of Londonderry) of the outcome. |
GB 3 Jordan Springs Link Road |
Ben Cantor – Busways advised there was a recent article on Jordan Springs link road (East-West Connector Road) and he enquired about whether there is a timeframe on when it will be constructed as it will eventually service a bus travelling from Jordan Springs to Ropes Crossing. Andrew Jackson – Director Planning and Regulatory Services (Chair) advised there has been issues of subsidence in Jordan Springs due to the way the land was filled to support the Jordan Springs development. There was a Development Application (DA) that was determined by the Court a few weeks ago that the missing Jordan Springs link road (East-West Connector Road) sits over some of the uncontrolled fill. The DA that was approved serves to replace that fill and to deliver the missing link road. Andrew Jackson advised that ultimately, the timing of the missing link road sits with Lend Lease as the developer for that area. Council is currently reviewing the detailed construction designs for this link road, however Council cannot commit on the timing as it comes down to how quickly Lend Lease delivers it. Council will continue to work with Lend Lease and advocate these works to be progressed as a matter of priority. Ben Cantor – Busways enquired about whether the construction design plans for the link road will be reported to a future Local Traffic Committee meeting and if it will show bus stop locations. Kablan Mowad – Acting Traffic Engineering Coordinator advised that the construction design plans will be reported to a future Local Traffic Committee seeking their endorsement and will show any proposed signage and line marking. RECOMMENDED That the information be noted. |
GB 4 Kazanis Court, Werrington – Request for Enforcement of Illegal Parking and Changes to the Bus Zone |
Ben Cantor – Busways advised that on Kazanis Court, Werrington on the northern side of Werrington Train Station, the main bus stop at this location which is a short Bus Zone often has some buses stopped there as a layover between runs for up to eight minutes. If another bus service was to arrive at this location while there are buses stopped in this Bus Zone, there would be no room/access for the other bus services to stop. There is a ‘No Parking’ zone at this location that the buses utilise during their layovers, however this ‘No Parking’ zone is often completely parked out illegally by other motorists all day. Ben Cantor requested that the illegal use of the ‘No Parking’ zone be investigated, as well as an investigation be undertaken into the possibility of extending the current ‘Bus Zone’ to 20 metres or so. RECOMMENDED That: 1. Council’s Traffic Engineers request Council’s Ranger Services department to monitor and undertake enforcement at the ‘No Parking’ zone on Kazanis Court, Werrington for instances of illegally parked vehicles. 2. Council’s Traffic Engineers investigate the possibility of extending the ‘Bus Zone on Kazanis Court, Werrington to assist access and layover for buses. 3. Council’s Traffic Engineers write to Busways advising of the outcome. |
There being no further business the Chairperson declared the meeting closed the time being 9:48am.
That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 August, 2024 be adopted.
Item Page
Outcome 2 - We are welcoming, healthy, happy and connected
1 Youth Week 2024 1
2 Requests for Community Events Sponsorship 6
Outcome 3 - We plan and shape our growing City
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 13
4 The Quarter Penrith Health and Education Precinct - Terms of Reference and Heads of Agreement 26
5 Fire Safety Update 31
Outcome 4 - We manage and improve our built environment
6 RFT 22/23-018 Electrical Maintenance 37
7 NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds 47
8 RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing 49
Outcome 5 - We have open and collaborative leadership
9 Local Government NSW Annual Conference 2024 59
11 Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 73
12 Model Code of Meeting Practice - Councillor Attendance at Public Meetings 75
13 Acceptance of Grant Funding - Natural Disaster Relief Assistance 78
14 PWA funded St Marys Flood Levee Repair and Maintenance Project 80
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Outcome 1 - We protect and enhance an ecologically sustainable environment
There were no reports under this Delivery Program when the Business Paper was compiled
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Outcome 2 - We are welcoming, healthy, happy and connected
Item Page
1 Youth Week 2024 1
2 Requests for Community Events Sponsorship 6
1 |
Youth Week 2024 |
|
Compiled by: Jonathan Nanlohy, Community Capacity Officer
Marcela Hart, Community Capacity Lead
Heather Chaffey, Community Resilience Program Manager
Authorised by: Jeni Pollard, Head of Future Directions and Resilience
Sandy Davies, Director Community Connection
Outcome |
We are welcoming, healthy, happy, creative and connected |
Strategy |
Build and support community resilience to adapt to changing circumstances |
Service Activity |
Work with local communities to identify priority issues in their area and build local resilience |
Executive Summary
This report provides an overview of the activities held across Penrith as part of the 2024 Youth Week program between Thursday 11 April and Sunday 21 April 2024. This year’s national theme was Express. Empower. Get Loud!
Penrith has a young population, with 17% of residents aged between 12-24 years old. National Youth Week is an annual initiative that provides opportunities to celebrate the contributions of young people in the community.
This year Penrith City Council worked with Penrith Youth Interagency and local youth services to deliver 7 activities across Penrith LGA with co-funding by NSW Department of Communities and Justice for 5 of these events. Councillors were informed of these activities in a memo dated 8 April 2024.
More than 300 people attended across the 7 events, included young people, parents and families.
The report recommends that information contained about Youth Week 2024 be received.
Background
Penrith is currently home to more than 37,000 people aged between 12-24 years old. This figure represents 17% of our local population and is set to increase significantly over coming years.
Young people are a significant and valuable part of our community. They contribute as active members in a range of ways through schools, community, cultural, creative and sporting groups, as well as being volunteers and workers. Young people are the leaders, changemakers, problem solvers and innovators of tomorrow and the key to the future of our city.
National Youth Week is an annual program celebrating young people's contributions through diverse events informed and is led by youth. Council collaborates with local youth services to ensure that young people's input shapes the yearly program. Youth Week offers a platform for young people to exchange ideas, participate in events, voice concerns, showcase talents, and celebrate alongside peers.
The Council’s Youth Action Plan (YAP) 2020-2025, endorsed on 28 September 2020, centres around four key themes reflecting young people's needs and priorities: connection, wellbeing, access, and pathways. The YAP guides Council's work with young people, ensuring that their voices inform initiatives, including Youth Week.
Youth Week 2024
Planning the program of activities
Planning for Youth Week 2024 considered feedback received from young people during the development of the YAP as well as current perspectives of Penrith Youth Interagency members, and direct contributions from young people.
Council staff partnered with Community Junction and Chifley College, Dunheved to deliver two workshops with young people held on 26 March and 2 April. These workshops included young leaders interested in event management, planning, and volunteering who offered views and perspectives on the 2024 program. The 21 young people that attended the training also put their learning into practice through volunteering at the Skate Clair Youth Week event on Tuesday 16 April. They will have future opportunities to volunteer with Council’s Community Events team.
Funding
Each year, Council receives funding from the NSW Department of Communities
and Justice (DCJ) for the purpose of organising and implementing Youth Week
activities, which Council is required to match dollar for dollar. In 2024, the
total funding allocated for Youth Week activities was $11,481.
This included the Youth Week Grant from the NSW Department of Communities and Justice of $4,924 (+GST), matched funding from Council and $1,633 of unspent funds from Youth Week 2023.
Consistent with previous years, Council released an Expression of Interest for Youth Week 2024 funding through the Penrith Youth Interagency network which included more than 250 members.
In 2024, Council officers recommended funding of $11,500 be awarded to 5 projects presented through an Expression of Interest process outlined further below. With $11,481 available, the difference of $19 was allocated through the operating budget.
Council received 5 Expressions of Interest that were assessed to be compliant, and five organisations were awarded grants. Community Junction, Gig Buddies, Nepean Community and Neighbourhood Services (NCNS), Youth Employment Services (YES) and Nepean Multicultural Access were successful in their applications.
Program of Activities – Youth Week 2024
The NSW Department of Communities and Justice co-funded five activities with Penrith City Council. Community Junction, Gig Buddies, Nepean Community and Neighbourhood Services (NCNS), and Youth Employment Services (YES) provided free, fun and engaging youth focused events and activities, which are detailed in the table further below.
It is noted that the Nepean Multicultural Access Youth Week event was postponed on the advice of community leaders due to a community safety incident affecting the participating communities at that time. Council officers continued to liaise with the Department of Communities and Justice and support Nepean Multicultural Access with rescheduling the event at the appropriate time.
Council continues to work with the Nepean Multicultural Access and the Penrith Youth Interagency services, Police and other stakeholders to work with local families and young people around this matter.
Funded Activities
Lead Organisation |
Activity |
Location Date |
No Attendees |
DCJ and PCC Joint Funding |
Nepean Community and Neighbourhood Services (NCNS) |
Cranebrook Youth Hub Relaunch and artwork creation |
Cranebrook High School, Hosking Street, Cranebrook 11 April |
50 |
$1,500 |
Gig Buddies |
Aqua Golf Aqua golf and Afternoon Tea for all abilities |
Penrith Panthers, 123 Mulgoa Rd, Penrith 11 April |
12 |
$1,000 |
Community Junction Inc |
Skate Clair Skate comp, stalls, prizes, BBQ |
St Clair Skate Park 16 April |
85 |
$3,000 |
YES Youth Employment Services |
YES Coffee Cart at Youth Week events to train young people in barista skills |
Youth week events. Kingswood Tafe, St Clair, The Mondo 11,16,18 April |
6 |
$3,000 |
Nepean Multicultural Access Inc (NMA) |
We Are One and We Are Many Cultural exchange and workshops |
St Marys Corner Community and Cultural Precinct, 29 Swanston St, St Marys 8 June |
2 |
$3,000 |
|
|
|
155 |
Total $11,500 |
Additional Programs
In addition to the above jointly funded program, Council led two other events in partnership with Penrith Youth Interagency, Chifley College and Don Bosco working within existing budgets.
Lead Organisation |
Activity |
Location Date |
No Attendees |
PCC Funding |
Penrith Council with the support of the Penrith Youth Interagency |
Music, stalls, DJ, podcast station, Coffee Cart |
The Mondo |
95 |
$3,000 |
Penrith Council in partnership with Chiffley College and Don Bosco |
Information, gaming station, basketball, trampoline, making jewellery, henna, freestyle raping and DJ |
Don Bosco Youth Centre, |
100 |
$3,000 |
|
|
|
195 |
Total $6,000 |
More than 300 people attended the seven Youth Week activities, including young people, their parents, and families.
Council Officers also supported the TAFE Kingswood Campus Youth Week Expo and an event delivered by Penrith Youth Interagency (PYI) at the Mondo, in Penrith. These events were not funded by DCJ.
Youth Action Plan
Councils Youth Action Plan 2000-2024 has guided Councils work with young people and youth, community and health services. This plan was developed through community engagement prior to the COVID 19 pandemic, and it is timely to review this work.
The Youth Action Plan 2000-2024 will be reviewed, and a new plan prepared for the consideration of Council in 2025. Planning for this project has commenced including the active participation of young people in the development of this new plan.
Financial Implications
Council received $4,924 (+GST) from the NSW Department of Communities and Justice for Youth Week 2024. A requirement of this grant is that Council matches the grant funding on a dollar-for-dollar basis which brings the total budget to $11,481 (+GST) for 2023-24. There was an additional $1,633 available from the 2023 Youth Week budget. Projects recommended for funding totalled $11,500 and the difference of $19 was provided through the City Activation, Community and Place operating budget.
Risk Implications
There are no significant risks for Council associated with this report. The grant was successfully reported and acquitted with the Department of Communities and Justice.
Conclusion
National Youth Week was celebrated between 11 -21 April 2024 with local Youth Week events co-funded by the NSW Department of Communities and Justice and Penrith City Council.
Council partnered with local youth services represented through the Penrith Youth Interagency (PYI) to provide free, fun and engaging events at St Clair, Penrith and St Marys. More than 300 people attended across the events, including young people, their care givers and families.
Aligned with Council’s Youth Action Plan and the significant population of young people in Penrith, Youth Week highlights the resilience and potential of all young people and the strengths of the Penrith community more broadly.
National Youth Week remains a foundational activity of Council, elevating the voices and celebrating the potential of local young people. A new Penrith Youth Action Plan will be developed, in collaboration with young people and other local stakeholders, and presented to Council for consideration of endorsement in 2025. It is anticipated National Youth Week Celebrations will continue as an activity of this new plan.
That the information contained in the report on Youth Week 2024 be received.
ATTACHMENTS/APPENDICES
There are no attachments for this report
2 |
Requests for Community Events Sponsorship |
|
Compiled by: Nikki Akbar, Events Lead
Beau Reid, Place and Activations Program Manager
Authorised by: Jeni Pollard, Head of Future Directions and Resilience
Sandy Davies, Director Community Connection
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
The purpose of this report is to present to Council two requests for Community Event Sponsorship. Community events bring people together while adding energy and vibrancy to the City and the lives of our residents.
The requests are made by Barnardos Australia for their Christmas Carols event in Cranebrook, and Elevated Culture for their Elevated Culture Showcase at Kingswood High School, Kingswood. The total value of the two community event sponsorship requests received is $2,000 (exc. GST). This report provides Council with details of the sponsorship proposals received, including the sponsorship benefits.
Officers have assessed the two applications against Council’s Event Sponsorship Policy and recommend they be supported.
Together these generate social benefits for the local Penrith community, offering a range of local recreational, cultural and celebratory experiences that make a positive contribution to community life.
This report recommends that Council provides $1,000 (exc. GST) in community event sponsorship to Barnardos Australia for their Cranebrook Christmas Carols event and $1,000 (exc. GST) in community event sponsorship to Elevated Culture for the Elevated Culture Showcase.
Background
Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 in June 2020. The Events Strategy provides up to $200,000 annually to support the attraction and retention of major and community events in the Penrith Local Government Area. There is currently $132,800 available in the 2024-25 Event Sponsorships Budget.
At last month’s Council meeting a report on the proposed Community Funding Program was endorsed for adoption. As part of the Community Funding Program, the Local Events Grant will supersede the current funding framework. However these proposals have been assessed against Council’s current policy framework.
Requests for Community Event Sponsorship
1. Barnardos Australia for the Christmas Carols Event in Cranebrook
Council was approached by Barnardos Australia (Barnardos) on 4 July 2024 to consider sponsorship of their Christmas Carols event to be held on Friday 29 November at Sherringham Oval, Cranebrook. Barnardos Australia works with Children and Families to strengthen parenting capacity, build strong relationships and keep children at home, and prevent entering the out of home care space. Barnardos’ programs assist in fostering family relationships to ensure the safety of children and young people within their home lives.
The sponsorship proposal received from Barnardos for the 2024 Christmas Carols event requests Council funds of $1,000 (exc. GST) for sponsorship to assist with the hire of inflatable amusements and the provision of food for the community to enjoy.
In the last two years of running the event, the organising committee for the Christmas Carols event in Cranebrook has noticed a substantial increase in attendance and the desire for more free to access community events in the area.
The Barnardos Christmas Carols event fosters a sense of
community within Cranebrook and provides a safe space for families to come
together and enjoy the festive season with their neighbours and friends.
Previous Council Funding of Barnardos Australia
Barnardos Australia has not previously received Community Events Sponsorship from Council but has received other funds for a range of programs through the Community Assistance Program (CAP) between 2013-2022, totalling $11,247.00 (exc. GST).
In addition, Barnardos Australia has also received in-kind support from Council for this event in past years, including at-event support from Council’s Neighbourhood Renewal Team.
2. Elevated Culture for the Elevated Culture Showcase at Kingswood High School
Council was approached by Raymond Savaiinaea of Elevated Culture on 26 June 2024 to consider the sponsorship of the Elevated Culture Showcase to be held 18 October 2024 at Kingswood High School.
Elevated Culture is an organised not-for-profit collective of Pacific Islander teachers and mentors that work with local children and teenagers to showcase Pasifika culture through dance, song and performance.
The Elevated Culture Showcase at Kingswood High School will provide a platform for students with a creative and musical flare. 6 primary schools are submitting 3 students per school to showcase their talents in front of a live community audience and guest judges. With prizes for best acts and support from community mentors within the music industry, this event aims to promote music and creative and performing arts within the community.
The Elevated Culture showcase speaks to the newly adopted Cultural Strategy and fostering creativity and the creative industries in Penrith, providing young and aspiring performers a platform to hone their performance skills and capabilities.
The sponsorship proposal received from Elevated Culture
for the Elevated Culture Showcase event requests Council funds of $1,000 (exc.
GST) for sponsorship to assist with promotion of the event.
Previous Council Funding of Elevated Culture
Council has previously provided Community Event Funding of $1,000 (exc. GST) to Elevated Culture (through Bennett Road Public School) to assist in the delivery of the Elevated Culture Festival held in September 2023 at Federation Forest Reserve.
Assessment of Sponsorship Proposals
All sponsorship proposals have been assessed against Council’s Events Sponsorship Policy criteria for Community Event Sponsorship. To receive funding, the event/activity must satisfy the following eligibility criteria:
· Must take place in the Penrith Local Government Area
· Provide opportunity for Council’s support to be recognised publicly
· Preference will be given to events/activities that provide free attendance
· Should be in line with and not conflict with the objectives and mission of Council.
Both proposals are deemed eligible for sponsorship from Council and are recommended for full support.
Financial Implications
The Penrith Events Partnership Program provides up to $200,000 annually to fund major and community events in the Penrith Local Government Area. This funding is available within the existing City Activation, Community and Place budget included in Council’s 2024-25 Operational Plan.
To date for this financial year, Council has endorsed a total of $2,500 (exc GST) worth of major and community event sponsorships.
In addition, $64,700 of sponsorships were adopted by Council in the 2023-24 financial year which will be paid in 2024-25 financial year after the events have occurred and conditions of the Sponsorship funding have been met. There is currently $132,800 remaining in the 2024-25 Event Sponsorship Program budget.
A total of two Community Event Sponsorship requests totalling $2,000 (exc GST) are tabled for consideration by Council in tonight's meeting. Should both proposals progress as recommended, the resulting funds available in the sponsorship budget would be $130,800.
Risk Implications
If the sponsorship proposals are endorsed, Council will enter into sponsorship agreements with the event organiser to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.
Conclusion
Council has received two requests for community event sponsorship, from Barnardos Australia for the Christmas Carols event in Cranebrook on 29 November 2024, and from Pacific Islands Mount Druitt Action Network Incorporated for the Elevated Culture Showcase at Kingswood High School on 18 October 2024.
The requests total $2,000 (exc. GST) in support of the delivery of two community events within the Penrith Local Government Area that contribute to celebrating and building a strong and connected local community.
The report recommends that Council endorse the two sponsorship requests for a total investment of $2,000 (exc. GST).
That:
1. The information contained in the report on Requests for Community Events Sponsorship be received.
2. Council endorse sponsorship of $1,000 (exc. GST) to Barnardos Australia in support of the 2024 Christmas Carols in Cranebrook event.
3. Council endorse sponsorship of $1,000 (exc. GST) to Elevated Culture in support of the Elevated Culture Showcase event.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
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Outcome 3 - We plan and shape our growing City
Item Page
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 13
4 The Quarter Penrith Health and Education Precinct - Terms of Reference and Heads of Agreement 26
5 Fire Safety Update 31
3 |
Planning Proposal to amend Part 8 Penrith City Centre of Penrith LEP and amendments to the Community Infrastructure Policy |
|
Compiled by: Peter Failes, Senior Planner
Joel Carson, Senior Planner
Abdul Cheema, City Planning Coordinator
Authorised by: Christine Gough, Head of City Planning
Andrew Jackson, Director Planning and Regulatory Services
Outcome |
We plan and shape our growing City |
Strategy |
Undertake strategic planning that will ensure balanced growth and liveability |
Principal Activity |
Facilitate appropriate land use outcomes for our city that are consistent with our Local Strategic Planning Statement |
Previous Items: 3- Planning Proposal to amend Part 8 Penrith City Centre of Penrith LEP 2010 and amendments to the Community Infrastructure Policy- Councillor Briefing- 29 Jul 2024 7:00PM
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
Executive Summary
The purpose of this report is to recommend a Planning Proposal (PP) to support the development of the Key Sites in the City Centre. This report seeks Council’s endorsement that the PP be forwarded to the Department of Planning, Housing and Infrastructure’s (DPHI) for a Gateway Determination.
The PP also addresses a separate site-specific proponent-initiated PP that has been lodged by Urbis on behalf of TOGA and Urban Property Group (UPG) for Key Sites 3 and 10. A Council-initiated PP is proposed, as it is recognised that the matters raised in the site-specific proponent-initiated PP are not confined to just Key Sites 3 and 10 and it is warranted to address these matters at a broader scale across all the Key Sites in the Penrith City Centre.
It is noted that this PP does not intend to reduce or increase the current development potential (based on maximum FSR) as this would have negative economic impacts on individual development sites, but also at a broader scale is not considered appropriate due to the current cap in place for residential development in the Penrith City Centre under the ‘Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre’ (Adaptive Management Framework), noting that the existing capacity within the Key Sites has been factored into the Stage 1 cap.
The PP is considered to have strategic merit and it is recommended that it be forwarded to DPHI for further consideration and a Gateway determination.
Planning Proposal Outcomes
The PP seeks to:
· amend Clause 8.7 (Community Infrastructure on certain Key Sites) to apply a maximum bonus “height of building” control to Key Sites within the Penrith City Centre;
· amend Clause 8.2 (Sun access) to include reference to the bonus height of building map proposed to be introduced to Clause 8.7 and clarify that the solar access is protected to land zoned RE1 and is measured at 21 June;
· remove “recreation facility (Indoor)” in Clause 8.7 from the definition as a type of community infrastructure which may be included as part of the community infrastructure offer, and to clarify and strengthen the provisions;
· amend Clause 8.4 (Design Excellence), to remove the $1 million dollar threshold and remove the 10% height of building (HOB) and/or FSR bonus associated with this if it is on a Key Site where Clause 8.7 is being applied;
· amend Clause 4.6 (Exceptions to development standards) to ensure this clause cannot be used to seek additional height or FSR where the height and FSR bonus has been granted under Clause 8.7, or contravene development standards for solar access under Clause 8.2;
· Apply a base FSR control of 3.5:1 to Key Site 11; and
· Request an amendment to Chapter 2 Affordable housing of the Housing State Environmental Planning Policy (SEPP) to only apply the bonus 30% height and floorspace provisions for Affordable Housing enabled by this SEPP to the mapped base height and FSR so that residential density does not unacceptably exceed the Adaptive Management Framework. (Note: Affordable housing can still be provided on key sites utilising the base height and FSR and not utilising Clause 8.7)
The Community Infrastructure Policy (CI Policy) is proposed to be amended to align with amendments to LEP Clause 8.7 (Community Infrastructure on certain Key Sites). The making of the CI Policy is a separate process from the PP and is recommended to be exhibited at the same time as the PP to ensure that a holistic update is provided. This will be reported to Council following the Gateway Determination process to ensure that there is a clarity between the two documents.
It is noted that this is the first step in the development of the PP, and it is anticipated that the PP may evolve and change as further consultation and regulatory processes occur.
Advice has been obtained from Council’s Local Planning Panel (Panel) on the PP in accordance with the requirements of Section 2.19 of the Environmental Planning and Assessment Act 1979. The PP is generally supported by the Panel, which supports it to be progressed through the Gateway process for LEP amendments.
This report recommends that the PP (provided to Councillors as a separate enclosure to this report) be forwarded to the Minister for Planning and Public Spaces, to request a Gateway Determination to enable public exhibition of the PP.
Background
The Key Sites in the LEP were first mapped in February 2008 with the publication of “Penrith City Centre Local Environmental Plan 2008” (Refer Map at Appendix 1). Subsequently in June 2017, Clause 8.7 was introduced into the LEP and further amended in December 2018 and December 2022. The clause essentially enables additional FSR on Key Sites if community infrastructure that supports the City Centre is provided.
Clause 8.7 was intended to allow a managed departure from the existing building height and FSR provisions, subject to the proposed design satisfying the existing design excellence provisions in the LEP and an agreed material benefit (community infrastructure) being provided to enable consideration of the additional FSR above the planned levels. At the time, the PP Incentive Clause for Key Sites, justifying this amendment to the LEP, was specific in identifying new maximum FSRs for each Key Site and identified that no maximum building height would apply.
Proponent-Initiated PP for Key Sites 3 and 10
A proponent-initiated PP was submitted to Council for Key Sites 3 and 10 on 19 February 2024. Formal acceptance was in July 2024.
This PP sought to amend Clause 8.2 (Sun Access) to remove the application of the Clause to Key Sites 3 and 10. This PP responded to the Land and Environment Court (LEC) court decision for the Development Applications (DA’s) proposed for the Key Sites 3 and 10. The LEC determined in DA’s (Toga Penrith Developments Pty Limited vs Penrith City Council [2022] NSWLEC 1017 and Toga Penrith Developments Pty Limited vs Penrith City Council [2022] NSWLEC 117) that Clause 8.2 effectively prevented any additional overshadowing to public open spaces (whether within or outside the Penrith City Centre) over and above the existing height of building map.
Council Officers do not support the proposal to remove the application of Clause 8.2 to Key Sites 3 and 10. However, the intent of the PP is supported, and this PP has been addressed in Council’s PP.
In summary, while a site-specific proponent-initiated PP has been lodged, Council officers have recognised that broader reform to the Key Sites policy is required to facilitate development across all the key sites.
Assessment of Planning Proposal Outcomes
Council officers have prepared a Council-initiated PP, which has been provided to Councillors under separate cover.
1. Amendments to Clause 8.2 Sun Access
It is proposed to amend Clause 8.2 to encourage development but also maintain appropriate levels of sun access to public space in a City Centre context. The primary objective is to enable development in the Penrith City Centre and protect solar access to key public open spaces, such as City Park.
Officers have undertaken testing of shadows on 21 June to determine the impact on public open space (refer to Appendix 2). A key outcome sought is to maintain solar access to public open space commensurate with the function and importance of the space to the Penrith City Centre. This analysis is provided in the enclosed PP.
The modelling undertaken has informed that Clause 8.2 can be amended to not only refer to the base HOB control, but also a ‘bonus Height of Building’ control linked to Clause 8.7, which would enable the Key Sites to be developed with a clear building envelope articulated through the planning controls.
To facilitate development of the Key Sites in Penrith City Centre, it is proposed to amend Clause 8.2 to provide clear guidance on sun access to public open space. It is proposed to make the following amendments to the sun access controls for existing and future public open space within or adjacent to the Penrith City Centre:
· Include reference to the Bonus Height of Building map (proposed to be introduced in Clause 8.7) in addition to the Height of Building (HOB) map to enable the maximum permissible height of building to be considered;
· Clarify that the clause applies to public open space zoned RE1 Public Recreation; and
· include reference to “21 June” as the measure when overshadowing is controlled.
It is noted that the City Park property, Lot 1 DP1292057, is currently partially zoned RE1 Public Recreation, with the remaining area zoned MU1 Mixed Use. Council is considering extending the RE1 Public Recreation zone across the entire City Park property as part of a future amendment to the LEP. If the current MU1 Mixed Use zone applying to the City Park property remains applying to the property when the amendment to the LEP is being finalised for this PP, the amendment to Clause 8.2 can be drafted to reference the full City Park property, to ensure solar access is protected under Clause 8.2 for City Park. This matter has been noted within the PP document.
As discussed below, the Bonus Height of Building map has been determined to ensure that the impact of RE1 land in the Penrith City Centre is acceptable.
2. Amendments to Clause 8.4 Design Excellence
Currently, Clause 8.4 requires an architectural design competition to be held for any development proposal in the Penrith City Centre greater than 24 metres or 6 Storeys in height, or with a development cost of more than $1 million and on a Key Site. This can add cost and time to the approval process for a large proportion of development within the Penrith City Centre, but it is recognised that Design Excellence is required for buildings in the City Centre.
Clause 8.4 provides an incentive for development that undertakes an architectural design competition. It is considered appropriate to remove the additional bonus on key sites that utilise the bonus FSR in Clause 8.7 to prevent further creep in dwelling densities, acknowledging that Clause 8.7 already provides a significant bonus FSR.
It is proposed to retain the 24 metre height threshold as there are a number of sites within close proximity to City Park where it is considered appropriate to retain this threshold and ensure design outcomes are achieved..
Clause 8.4 is proposed to be amended as follows:
· Remove the 10% HOB and/or FSR exceedance allowance for a proposal that has undertaken an architectural design competition and the bonus FSR under Clause 8.7 has been applied; and
· Remove the $1million dollar threshold for development that needs to undertake an Architectural Design Competition.
3. Amendments to Clause 8.7 Height of Building Control for Key Sites
While Clause 8.7 includes a bonus FSR, there is no maximum building height control. It is intended to amend Clause 8.7 to include a mapped ‘bonus HOB control’ for the Key Sites within the Penrith City Centre.
The heights designated for the bonus HOB in Clause 8.7 have been determined through modelling building envelopes using the Giraffe Build software (enabling 2D drawing; 3D modelling and urban analytics), particularly to test different building envelopes to potential FSR controls and checking solar access outcomes. HOB control for Key Sites have been determined utilising the following principles:
· Maintain adequate solar access on 21 June to public open space zoned RE1 Public Recreation, commensurate with the function and importance of the public open space to the Penrith City Centre;
· Ensure the bonus FSR for Key Sites can be achieved to ensure development feasibility and that Council’s vision for each Key Site in the Penrith City Centre is realised;
· Ensure the height control applied to the Key Site does not create additional capacity or yield and matches the existing FSR currently prescribed in Clause 8.7;
· Promote the development of taller more slender buildings that cast a narrower “faster moving” shadow, to minimise the time a parcel of open space or dwelling is overshadowed;
· Considers key elements of the Apartment Design Guide such as solar access, cross ventilation, envelope depths / floor plates and separation, noting that each individual DA will still be subject to a merit assessment; and
· Permits landmark or gateway development on key entry points to signify entry the Penrith City Centre.
Justification for the proposed bonus building heights have been provided in the PP and respond to the above principles. Bonus height of building controls will be administered via a Bonus Height of Building map that will be added to Penrith LEP 2010 (refer to Appendix 3).
4. Drafting of Clause 8.7 – Community Infrastructure on Key Sites
Clause 8.7 is proposed to be revised to strengthen the application of Community Infrastructure (CI) and provide greater clarity in terms of the outcomes Council is seeking to achieve. Clause 8.7 will also be revised to allow for bonus height of building controls to be applied to the Key Sites.
Each of the elements above are discussed below, noting that the accompanying CI Policy will be reviewed and presented to Council after the Gateway Determination to ensure consistency between the LEP clauses and the Council Policy.
a. Clause 8.7 and Community Infrastructure proposals for Gymnasiums
There is a concern regarding recent proposals to provide gymnasiums as community infrastructure. While Council’s Sport and Recreation Strategy identifies the need for indoor recreation facilities, especially indoor courts, the primary function of these gymnasiums would be for profit (gain) with additional access for the community. These gymnasiums would have limited accessibility to the broader community, providing no benefit for the community or the Penrith City Centre.
Private gymnasiums would still be a permissible use in future developments, they just cannot form part of the CI offer.
b. Community Infrastructure proposals that do not dedicate land to Council in perpetuity
Council has received proposals for community infrastructure where the facility would be operated by a not-for-profit organisation under a 20-year lease with the facility returning to the landowner after 20 years.
These proposals are not consistent with the CI Policy and there is an expectation that land or property dedicated to Council would be in perpetuity, as the landowner is receiving additional development yield through the bonus FSR provided by Clause 8.7.
Amendments to Clause 8.7 are required to clearly state that land or property must be dedicated to Council in perpetuity.
c. Clause 8.7 - Community Infrastructure to be provided not as part of the development within the Penrith City Centre
The existing CI Policy contains a list of preferred community infrastructure items that could be provided by the landowner within the Penrith City Centre on behalf of Council. However, the current wording of Clause 8.7 requires community infrastructure proposals to be located on the Key Site as part of that development, due to the legal application of the Clause.
In order to address this, it is proposed to include a point of clarification. A proponent may include community infrastructure on Council land if Council provides landowners consent and the proponent carries out development on the Council land on behalf of Council as part of the subject DA. This may be included as an explanatory note and more clearly articulated in the CI Policy.
d. Floor space credits for community infrastructure proposals that form part of development on a Key Site
Applicants have sought a credit for the floor space assigned to the community infrastructure to be utilised elsewhere in the development. This approach provides the applicant with additional floor space, increasing the FSR beyond the bonus floor space provided, and in essence “double dipping” on the bonus floor space ratio.
Clause 8.7 needs to be amended to clearly state that community infrastructure proposals that form part of development on a Key Site form part of the overall FSR for the site and no credits are given for the floor space of a community infrastructure proposal.
5. Amendment to Clause 4.6(8) – Exceptions to Development Standards
It is proposed to amend Clause 4.6(8) by excluding Clauses 8.2 (Sun Access) and 8.7 (Community infrastructure on certain key sites). This will ensure that written requests are not used to vary the development standards, as they were introduced to protect certain aspects of the City Centre, including overshadowing of public spaces.
6. Introduction of a Base FSR for Key Site 11
Unlike the other Key Sites within the Penrith City Centre, Key Site 11 does not have a base FSR. It is proposed to apply a base FSR of 3.5:1 to Key Site 11 as it will allow Council to determine the value of a community infrastructure proposal for the future development of Key Site 11 that utilises the bonus FSR provided by Clause 8.7 (Community infrastructure on certain key sites).
7. Amend Chapter 2 Affordable housing of the Housing SEPP
During discussions on the PP, the Local Planning Panel raised concerns about the impact of Chapter 2 Affordable housing of the Housing SEPP as this enables a 30% additional height bonus if Affordable Housing is provided. While the provision of affordable housing is supported, in the Penrith City Centre context where there is a dwelling cap in place, it is important to manage the overall density. Consequently, it has been proposed to request an amendment to Chapter 2 Affordable housing of the Housing SEPP so that it only applies to the mapped base FSR and height in the Penrith LEP. Without this amendment, developers could increase the height by an additional 30% on top of the bonus height under Clause 8.7, which could have unacceptable consequences.
This application of the Housing SEPP to the bonus height and FSR under Clause 8.7 contradicts the “Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre,” as per Clause 61(6) of the Environmental Planning and Assessment Regulation 2021. Without the proposed amendment, the developers could possibly increase the number of dwellings on key sites, affecting flood evacuation capacity and exceeding the dwelling cap set by the State Government for the Penrith City Centre.
In enabling the opportunity to apply the Housing SEPP to the base height and FSR, this would also allow developers to consider an alternative outcome where affordable housing is provided instead of utilising the provisions of Clause 8.7.
Planning Considerations
The PP will set out the planning considerations that have been considered in reviewing the Penrith City Centre controls. The PP seeks to establish clear parameters for development applications. The amendments are not intended to increase density in the Penrith City Centre, only clarify the existing position and achieve existing bonus FSR provisions and as such, no additional studies are considered warranted in relation to matters such as flooding or traffic.
The key consideration in the development of the PP has been understanding the
impact of overshadowing, particularly to key open spaces within the Penrith
City Centre, noting that the FSRs already embedded in Clause 8.7 would enable a
significant departure from the existing building height controls. This PP seeks
to clarify Council’s position in relation to these sites and remove
barriers (such as the existing operation of Clause 8.2) that prevents
development outcomes.
It is considered that the PP is consistent with the Western City District Plan and Council’s Local Strategic Planning Statement as it will facilitate development on Key Sites within the Penrith City Centre, which will have economic benefits and also promote housing supply. Importantly, solar access to key public spaces will be retained.
Local Planning Panel Advice
In accordance with the requirements of Section 2.19 of the Act, the PP was
presented to Council’s Local Planning Panel (Panel) on 24 July 2024 to obtain advice. The advice provided by the Panel is to be taken into consideration in Council’s assessment and preparation of the PP.
The Penrith Local Planning Panel advised the following:
1. The PP is generally supported and should be progressed through the Gateway process for the following reasons:
a) The PP is consistent with the Greater Sydney Region Plan and Western City District Plan,
b) The PP is consistent with the Penrith Local Strategic Planning Statement and Penrith Local Housing Strategy,
c) The PP will facilitate the development of Key Sites with the Penrith City Centre,
d) The PP will assist in promoting housing supply through the redevelopment of the Key Sites, and
e) The provisions of the PP provide an appropriate level of solar access to public open space within or adjacent to the Penrith City Centre.
2. It is recommended that the PP be progressed through to the next step in the Gateway process.
A copy of the Panel’s advice is provided in Appendix 4 of this report.
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
This Council-initiated PP seeks to amend the Penrith Local Environmental Plan (LEP) 2010.
The PP addresses a separate site-specific proponent-initiated PP that has also been lodged by Urbis on behalf of TOGA and Urban Property Group (UPG), to remove the application of Clause 8.2 (Sun Access) for Key Site 3 and 10 in response to LEC court refusals of DAs for Key Sites 3 and 10, which were affected by Clause 8.2 Sun Access. This Council-initiated PP has been prepared as it is recognised that the matters raised in the proponent-initiated PP are not confined to just Key Sites 3 and 10 and it is warranted to address these matters at a broader scale across all the Key Sites and provide further clarity around Council expectations on Key Sites in the Penrith City Centre.
Council’s Local Planning Panel has provided advice that supports the PP to be progressed through the Gateway process for LEP amendments.
Should Council endorse the recommendations of this report, the PP will be
forwarded to the Minister for Planning and Public Spaces requesting a Gateway Determination to enable public exhibition of the PP.
That:
1. The information contained in the report on Planning Proposal to amend Part 8 Penrith City Centre of Penrith LEP and amendments to the Community Infrastructure Policy be received.
2. Council endorses the PP (provided under separate cover) to proceed through the Department of Planning, Housing and Infrastructure’s Gateway process for Local Environmental Plan amendments.
3. Council officers forward the PP to the Minister for Planning and Public Spaces with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.
4. The General Manager be granted delegation to make any necessary minor changes to the PP referred to in resolution 2 before and after submitting it to the Gateway.
ATTACHMENTS/APPENDICES
1. ⇩
|
Key Sites Map |
1 Page |
Appendix |
2. ⇩
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Key Public Open Spaces |
1 Page |
Appendix |
3. ⇩
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Recommended Maximum Bonus Height of Building |
1 Page |
Appendix |
4. ⇩
|
Penrith Local Planning Panel - 24 July 2024 - Advice |
1 Page |
Appendix |
4 |
The Quarter Penrith Health and Education Precinct - Terms of Reference and Heads of Agreement |
|
Compiled by: James Marshall, City Precinct Facilitator
Kevin Brennan, Head of Economy and Marketing
Authorised by: Kylie Powell, Director Futures and Strategy
Outcome |
We plan and shape our growing City |
Strategy |
Grow and support a thriving local economy |
Principal Activity |
Enhance and grow Penrith’s Economic Triangle |
Previous Items: 1- The Quarter Penrith Health and Education Precinct - outcomes of stakeholder engagement and next steps- Councillor Briefing- 08 Jul 2024 7:00PM
2- The Quarter Penrith Health and Education Precinct - update on the proposed governance framework and funding model- Councillor Briefing- 05 Aug 2024 7:00PM
Executive Summary
Following extensive engagement, key stakeholders in The Quarter Penrith Health and Education precinct (The Quarter) propose to reenergise the collaborative group, enabled by a new governance framework and shared funding model. The Quarter is strategically important to the Penrith economy and a source of current and future employment opportunities for residents. The Quarter operates in a competitive landscape in Western Sydney and the proposed collaboration group will focus on attracting government and commercial investment, innovators, educators and researchers to the precinct. In joining The Quarter Penrith Steering Committee (Steering Committee) Council will continue to demonstrate leadership in lifting the profile of the precinct.
The purpose of this report is to seek approval for Council to become a member of The Steering Committee guided by a new governance framework, which includes the Terms of Reference – Charter (Attachment 1)and the Heads of Agreement (Attachment 2). As with other Steering Committee members, it is proposed that Council commits to a financial contribution of $30,000 (exc GST) per annum for a three-year period.
In addition, approval is sought for Council to act as the host organisation to the Steering Committee, which includes employing the Project Officer / Secretariat; holding funds on behalf of the Steering Committee; providing essential office equipment for the Project Officer and procuring services on behalf of the Steering Committee.
Background
The benefits of a partnership approach to developing and promoting health and education precincts include increased government and commercial investment, increased ability to attract investment and improved coordination. The Quarter is anchored by the Nepean Hospital the Nepean Blue Mountains Primary Health Network, several private hospitals, the University of Sydney Nepean Clinical School, Western Sydney University’s Kingswood and Werrington campuses, and TAFE NSW’s Kingswood Campus. It is one of the largest health and education precincts in Australia and is a key provider of jobs for the greater Penrith and the Western Sydney region.
The Quarter collaboration group was established by the then Penrith Business Alliance who created a vision for the precinct with key stakeholders in 2011.The Steering Committee, of which Council is a member, formed to guide delivery of the vision and objectives for The Quarter. In 2016 the precinct was renamed from Penrith Health and Education Precinct to The Quarter Penrith. A Strategic Vision was developed for the precinct in 2011, which included 20 steps to implementation. These steps guided delivery of the Vision between 2011 and 2016. The Quarter stakeholders developed the Action Plan 2017-21 in 2017 with funding from Council. The plan is now at the end of its lifespan and a new plan is required.
The Quarter stakeholders signed a memorandum of understanding (MOU) in February 2019 with no termination date. The draft Charter was prepared in 2019 but not finalised.
A review of the Steering Committee concluded that there is no doubt that stakeholders continue to see significant opportunity for The Quarter to become a driver of employment opportunities, economic growth and improved health outcomes for Penrith, Sydney and NSW. The review also identified several issues that were inhibiting the effectiveness of the Steering Committee - lack of clarity of purpose and inadequate governance structures had led to disengagement by some stakeholders, and that there was a reliance on a small number of stakeholders (primarily Council) who contribute funding to support the collaboration.
The Quarter Precinct
The Quarter is one of the largest health and education precincts in Australia. The 400-hectare precinct is anchored by the Nepean Hospital campus which features state of the art buildings and facilities, including the new 14-storey clinical tower, one of the tallest hospital buildings in Australia. The Quarter precinct sits between the Penrith and St Marys centres, bounded by the Great Western Highway to the north, Gipps Street to the east, Caddens Road to the south and Parker Street to the west (refer to map below). The vison for the precinct is to become an international destination for excellence and investment in healthcare, medical research, world class education and innovation. The role of the Steering Committee is to guide actions that help achieve this vision.
The Quarter has the potential to deliver many new jobs in Penrith. Healthcare and Social Assistance is the largest employment sector in Penrith with 13,969 jobs in 2021. Education and Training a significant contributing sector with 8069 local jobs in 2021. A combination of organic jobs growth (to match population growth) enhanced by specific economic and partnership initiatives in The Quarter precinct will result in 16,673 total jobs in the Healthcare and Social Assistance sector and 10,244 total jobs in Education and Training sector by 2031.
Meaningful collaboration between key stakeholders will assist in future master planning for the site, guide investment across multiple sectors, deliver a 24- hour economy, and provide the housing, medical, education and research infrastructure and facilities that will attract talent from Australia and the world.
The boundaries of The Quarter Penrith precinct (as defined by the stakeholders) include the white shaded background area in the map below. The main roads, rail connections and nearby centres are provided for geographical context.
The Quarter Penrith Steering Committee Eligibility
As identified in the Heads of Agreement and Terms of Reference (Charter), key stakeholders have suggested a place-based and co-funding approach to membership of the Steering Committee:
· the local Council, relevant State and Federal Government agencies and departments committed to the delivery of the Steering Committee’s objectives;
· public authorities and not-for-profit organisations located in The Quarter with responsibility for the delivery of health, educational or research services
· private sector organisations that receive government funding and are located in The Quarter with responsibility for the delivery of health, educational or research services and 100 or more employees.
Current Situation
Six stakeholder workshops were held between March 2023 and March 2024 and stakeholders were invited to discuss the future of the collaboration and provide feedback on the draft Heads of Agreement and draft Terms of Reference (Charter) between January 2024 and February 2024.
Seven organisations have expressed interest in joining the newly formed Steering Committee under the proposed governance structure and shared funding model. Each of these organisations (like Council) is considering membership and the enabling governance documents (the Heads of Agreement and Terms of Reference - Charter), with the aim to make a conclusive decision on membership by 30 October 2024. Once convened the new Steering Committee will create sub-committees and an engagement plan to ensure that all stakeholders including med-tech start-ups, local businesses and research foundations can contribute to growth of the precinct.
Financial contributions
Steering Committee members are required to make a financial contribution of $30,000 (exc GST) per annum for a three-year period to fund core operations, as outlined in the Heads of Agreement. Financial contributions will be determined by the Steering Committee and paid into the shared fund, hosted by Council in a restricted reserve. The Steering Committee will assess and vote on additional financial contributions to fund projects approved by the Steering Committee (in addition to annual financial contributions), subject to approval by each funding organisation.
Host organisation
As the Steering Committee is not a legal entity, there are certain functions that it cannot undertake, for example, holding of funds, employment of the Project Officer and entering into contracts. As the host organisation, Council's functions will include:
· employing the Project Officer
· holding and spending funds on behalf of the Steering Committee
· providing essential business tools for the Project Officer
· procuring services on behalf of the Project Officer
Financial Implications
It is proposed that The Quarter Penrith Steering
Committee members (including Council) contribute $30,000 p.a for a three-year
period. This funding is available within the existing operational budget in
Council’s Economy and Marketing Department. The reconstituted Steering
Committee is encouraged to actively pursue other sources of financial support
including grants to enhance its program offerings and its contribution to the
community. Council’s contribution will be contingent on a minimum number
of five contributing organisations (including Council). Council reserves the
right to cancel its membership of the Steering Committee and withdraw from both
the annual financial contribution, and from its role as host organisation,
providing three months’ notice to Steering Committee members.
Risk Implications
Poor or ineffective collaboration by key stakeholders in The Quarter may lead to negative perceptions and the precinct being less attractive to investors, visitors, workers and residents. There is a risk that if key stakeholders cannot agree on a governance framework and shared funding model, the collaboration group will dissolve. Key stakeholders in nearby precincts at Liverpool and Campbelltown are working together to attract commercial and government investment, so it is imperative that The Quarter Penrith is regionally competitive and positioned as a preferred destination for investment in the health and education sectors.
The proposed governance framework -– the Heads of Agreement and Terms of Reference (Charter) provide the platform for constructive engagement and minimise the risk of ineffective collaboration.
The proposed sharing funding model minimises the risk of Council continuing to carry responsibility for all costs in promoting and growing The Quarter precinct, which provides benefits to all members.
Conclusion
Formalised collaboration is proven to be effective in attracting investment into health and education precincts. Anchored by the Nepean Hospital, and with key stakeholders Western Sydney University, Sydney University, Primary Health Network, Nepean Private Hospital, TAFE and Penrith City Council, The Quarter Penrith has the potential to become a leading innovation precinct in Australia. It is expected that more members will join the collaboration group in the future.
A review of the Steering Committee and subsequent facilitated engagement process has identified a governance framework and shared funding model that key stakeholders believe will enable The Quarter Penrith precinct to reach its potential.
Proposed Steering Committee members are, like Council, reviewing the proposal to join the Steering Committee. Each member is asked to consider both the governance framework and the funding model and provide a formal (written) commitment. However, while Council will be an equal member when the new Steering Committee is established, Council plays a pivotal role in bringing the stakeholders together. Council signalling its intention to join the new Steering Committee, and agreeing to the governance framework and funding model, will show confidence in the future of The Quarter Penrith and encourage other key stakeholders to join. Approval is sought for Council to become a member of the Steering Committee under the new governance framework and to act as the host organisation to the Steering Committee. The Quarter Penrith Heads of Agreement (2024) supersedes The Quarter Penrith Memorandum of Understanding (MOU) signed by Council on 18 March 2019.
That:
1. The information contained in this report on The Quarter Penrith Health and Education precinct is received and noted.
2. Council agrees to become a member of The Quarter Penrith Steering Committee in accordance with the Heads of Agreement and Terms of Reference as attached to this report.
3. Council acts as the host organisation to the Steering Committee in accordance with the Heads of Agreement and Terms of Reference as attached to this report.
4. The General Manager be delegated authority to sign and execute any required documents associated with Council joining The Quarter Penrith Steering Committee, including the Heads of Agreement.
5. The General Manager is authorised to make minor amendments to the governance documents as required.
ATTACHMENTS/APPENDICES
1. ⇩
|
Draft Charter and Terms of Reference |
12 Pages |
Attachments Included |
2. ⇩
|
Draft Heads of Agreement |
13 Pages |
Attachments Included |
5 |
Fire Safety Update |
|
Compiled by: Craig Squires, Building Certification and Fire Safety Co-ordinator
Emma Strickland, Senior Building Surveyor
Authorised by: Peter Wood, Head of Development Services
Andrew Jackson, Director Planning 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 inspection reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area. Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected by Fire and Rescue NSW following concerns received.
Schedule 5, Part 8, Clause 17 of the Environmental Planning and Assessment Act, 1979 (the Act) requires a Fire and Rescue NSW report to Council resulting from their inspection to be reported to a Council meeting for a decision on whether or not to issue a Fire Safety Order. Council officers have inspected all premises to confirm relevant matters identified and brought them to the attention of the relevant property owners/managers. Most premises have rectified issues upon re-inspection however the extent of outstanding matters for two premises may warrant an Order subject to further investigations and where matters are not rectified in response to notice given.
It is recommended that Council advise Fire and Rescue NSW of its decision not to take any action at present however proceed to issue Orders pending further investigations and the response to notices issued on two premises.
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. These matters have arisen from a circumstance where Fire and Rescue NSW has prepared an inspection report advising Council of fire safety issues and requested Council to determine the matter. A copy of the inspection reports are attached.
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 inspections and communication are summarised in the following table:
Premises |
Fire and Rescue NSW comments |
Council Work required |
240-250 Great Western Highway, Kingswood |
Fire and Rescue NSW inspected the premises after concerns were raised by a member of the public regarding the door hardware on fire doors and an incomplete alarm system and the following was identified: · Observations of the Fire Indicator Panel (FIP) revealed faults and isolations · There was an area in the basement carpark (between B1 and B2) of Building B where parking spaces were blocked and enclosed cyclone fencing.” · Door hardware was non-compliant |
An inspection was undertaken by Council officers and the following was identified and brought to the attention of the property manager through a site meeting as requiring work: · Removal of the cyclone fencing / temporary storage area in the basement carpark (between B1 and B2) of Building B; · Non-compliant door hardware was identified in in the Fire Pump room and associated doors on the path of travel from the pump room, · Faults and isolations on the Fire Indicator Panel (FIP) A subsequent follow up inspection revealed all items have been rectified. |
2115-2131 Castlereagh Road, Penrith |
Fire and Rescue NSW staff inspected the site after concerns were raised by a member of the public regarding a faulty emergency light, a lack of portable fire extinguishers, fire exit doors and an evacuation plan. The premises was inspected and following was identified: · No evacuation plans were identified · Portable fire extinguishers were observed but with items placed in front of them, the items were removed to allow access · Exit signage was provided to cater for an open space configuration. |
An inspection was undertaken by Council officers and given the timing of an Occupation Certificate being issued by the Private Certifier the issues were brought to their attention A re- inspection confirmed all items had been rectified and no further action is required.
|
481-483 High Street, Penrith |
Fire and Rescue NSW staff inspected the site after concerns were raised by a member of the public regarding the door hardware on fire doors and an incomplete alarm system. The premises was inspected and following was identified: · Fire Indicator Panel (FIP) not located at designated entry point, it also contained 1 isolation, the location of the isolation could not be identified. · Fire Detection and Alarm System (FDAS) and automatic sprinkler system monthly service record not displayed · External wall mounted alarm device not located on front façade of the building · Block plan not securely fastened · External doorways and windows not adequately protected · Wall wetting drenchers not fitted correctly · Roller door and bi-fold door installed to exits · Gaps to rear staircase barrier excessive |
The arcade is situated over two properties and gaining access to all parts of the building has been difficult due to the number of tenancies in the arcade and dealing with multiple property managers. An inspection was undertaken by Council officers. At the time of the inspection the issues raised by FRNSW were confirmed, other additional issues identified included: · Extended travel distances · A lack of emergency lighting in some tenancies · Non-compliant handrails A Notice of Intention to Serve an Order has been served on the Owner of the premises to rectify the outstanding items. Should these matters not be addressed, a Fire Safety Order No.1 will be required to be issued. |
61-63 Watergum Drive (identified by FRNSW as 6/9 Lakeside Parade, Jordan Springs |
Fire and Rescue NSW inspected the site after concerns were raised by a member of the public regarding shopping trollies blocking a fire exit. |
An inspection was undertaken by Council officers and any trolleys had subsequently been moved such that at the time of the inspection there was no obstruction to the fire exit adjacent to the shop front. |
98-116 Lakeside Parade, Jordan Springs |
Fire and Rescue NSW staff inspected the site after concerns were raised by a member of the public regarding non-compliant exits. The premises was inspected and following was identified: · All exits all appeared compliant |
An inspection of the premises was undertaken by Council officers. At the time of the inspection all building exits were compliant. No further action required. |
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 to ensure that they are addressed by the owners of the premises. It is recommended that Council continue to monitor this property as part of its Fire Safety Program.
That:
1. The information contained in the report on Fire Safety Update be received.
2. Council proceed to issue Fire Safety Orders for 481 High Street, Penrith and 483 High St, Penrith subject to further investigation and should the fire safety issues not be addressed in response to notice from, and to the satisfaction of, Council’s Building Certification and Fire Safety Co-ordinator.
3. Council continues to monitor all premises as part of its Fire Safety Program.
ATTACHMENTS/APPENDICES
1. ⇩
|
Fire NSW Inspection Report at 240-250 Great Western Highway Kingswood |
5 Pages |
Attachments Included |
2. ⇩
|
Fire NSW Inspection Report at 2115 Castlereagh Road Penrith |
4 Pages |
Attachments Included |
3. ⇩
|
Fire NSW Inspection Report at 481-483 High Street Penrith |
4 Pages |
Attachments Included |
4. ⇩
|
Fire NSW Inspection Report at 98-116 Lakeside Parade Jordan Springs |
4 Pages |
Attachments Included |
5. ⇩
|
Fire NSW Inspection Report at 69 Lakeside Parade Jordan Springs |
4 Pages |
Attachments Included |
Outcome 4 - We manage and improve our built environment
Item Page
6 RFT 22/23-018 Electrical Maintenance 37
7 NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds 47
8 RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing 49
6 |
RFT 22/23-018 Electrical Maintenance |
|
Compiled by: Joshua Martin-Lewis, Asset Coordinator - Buildings and Services
Authorised by: Linda Ross, Head of City Presentation
Adam Wilkinson, Director Asset 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
The report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies identified within the recommendation of this report, as a “Panel of Approved Contractors” for the provision of electrical maintenance work and 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 tender for the provision of Electrical Maintenance RFT2223-018 was advertised on eTendering from 30th January 2024 until 12th March 2024.
A total of 28 tender responses were received. An evaluation of the tenders by the Tender Evaluation Committee resulted in 7 non-conforming tender responses.
Further evaluation of the conforming tenders, including an assessment of Council’s expected service levels and demonstrated experience of similar, resulted in 3 Contractors being selected for Independent financial risk analysis and referee checks.
Based on independent risk analysis and best overall value for money, the Tender Evaluation Committee is recommending that the contract for all electrical scheduled maintenance and reactive maintenance work up to $50,000 inclusive of GST be awarded to Hix Group Pty Limited, and the panel of approved electrical contractors for electrical reactive maintenance work greater than $50,000 inclusive of GST, electrical project work and electrical design work be awarded to Hix Group Pty Limited, BGL Electrical Pty Limited and Mirila Electrical Group Pty Ltd for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with the provision for rise & fall) subject to satisfactory performance.
Background
Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. The agreements worked successfully over this period with four public tender process being run since its inception.
Based on the success of the previous and current Panel agreements, a new tender for Electrical Trade Services was advertised with an expanded scope including reactive, corrective and scheduled legislated maintenance works, with the addition of electrical project and design works. This was designed to provide streamline contractor engagement and allow multiple different departments within Council to utilise the contract.
Last financial year Council spent the following amount on electrical works:
· $562,764.98 on Reactive Maintenance
· $79,907.00 on Corrective Maintenance
· $225,250.54 on Scheduled Maintenance
· $250,220.91 on Electrical Project Works
Tenderers were required to submit their tender through Vendorpanel, 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 general electrical work and each scheduled maintenance task.
It was proposed in the tender documents that Council would select one primary contractor and a panel of approved contractors to perform the services. The highest ranked supplier (primary contractor) will be given all the scheduled maintenance work and reactive maintenance work up to the value of $50,000 inclusive of GST. In the event that they are unavailable or do not have the capacity to perform the work the other tenders listed on the panel will be invited to complete the work. The panel of approved electrical contractors will be invited to quote on reactive maintenance works over $50,000 inclusive of GST, electrical project work and electrical design work.
Council however reserves the right to seek quotations and award work based on these quotations from the members of the Panel, for any work at any value.
Current Situation
The Tender Evaluation Committee consisted of Joshua Martin- Asset Coordinator Buildings and Services, Christopher Hill- Building Asset Officer, Sid Wilson- Building Maintenance Coordinator, Bryce Roney- Project Supervisor, Bradley Bloomfield- Field Coordinator Trades and was chaired by Allyce Langton- Procurement Business Partner.
The evaluation criteria advertised and used in assessing the tenders received included the following:
• Demonstrated Ability
• Response Times
• Financials
• Employment Policies
• Quality Assurance Systems
• Environmental Management Systems
• Work Health and 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:
o Independent Financial Risk Analysis
o Independent Referee Checks
Summary of Tenders Received
A total of 28 submissions were received in response to the advertised tender.
All tenders as listed in alphabetical order were included in the initial evaluation:
Company |
Company Location |
Directors / Contact |
ARCFIELD (Smart Systems Electrical Pty Ltd T/a Arcfield) |
5/7 Renshaw St, Cranebrook, NSW 2749 |
Luke Vella |
B & G Enterprises (NSW) Pty Limited |
286 High Street Penrith, NSW 2750 |
Grahame Gunton Matthew Gunton |
BGL Electrical Pty Limited |
286 High Street Penrith, NSW 2750 |
Luke Gunton |
Brightwood Group Pty Ltd |
Unit 3 / 12 Bernera Rd Prestons, New South Wales 2170 Australia |
Bobby Popovic Brian Trkulja |
C.B.D. Mechanical Electrical PTY LTD |
Unit 14/140 James Ruse Drive Rosehill, NSW 2142 |
Jerry Maycock Thomas Kane Alan Dixon Robert Galvin Robert Salkeld Kevin Kalinko |
Dux Electrical Contractors Pty Ltd |
12/20 Picrite Close, Pemulwuy, NSW, 2145 |
John Hanna Jamila Hanna |
Dynamic Solutions Group Pty Ltd |
51 Shepherd St, Marrickville NSW 2204 |
Darcy Fairbrother Andrew Gray |
Elecserve Pty Limited |
785-811 Wallgrove Rd, Horsley Park NSW 2175 |
David Harris – Managing Director Nick Harris – Director |
Elite Electrical Services (Nsw) Pty Ltd |
16/18 Loyalty Road North Rocks, NSW 2151 |
Colin Gibbs |
Grant Walker Electrical Pty Ltd |
8 Murriverie Rd, North Bondi NSW 2026 |
Grant Walker |
Hix Group Pty Limited |
1/10 Production Place Penrith NSW 2750 |
Ian Hicks – Director Group Operations Lea Hicks – Group General Manager |
Ingen Electrical Services PTY LTD |
Unit 38/51 Nelson Road, Yennora NSW 2161 |
Adam Di Pietrantonio |
KENNECT GROUP PTY LTD |
10 Elder Place Werrington County, NSW 2747 |
Steven Kennedy Danielle Kennedy |
Kerfoot Pty Ltd |
Unit 1, 30 Foundry Road, Seven Hills, NSW |
Stephen Kerfoot Richard Kerfoot |
Mes Operations Pty Ltd |
Unit 3/51 York Road, South Penrith, NSW |
Eric McCall |
Mirila Electrical Group Pty Ltd |
12 Rowland Place Jordan Springs, NSW 2747 |
Mark Graham |
P B M Air Pty Limited |
53 George Parade Portland, NSW 2847 |
Susan Handley Paul Betar |
QA Electrical NSW Pty Ltd |
C/- Advisory Partners 15 Pakington Street Geelong West VIC 3218 |
Brendan Heagney - Managing Director |
RADI PTY LTD |
Unit 5 5-7 Lone Pine Place Smeaton Grange, NSW 2567 |
Ahmad Radi |
Raston Group Pty Ltd |
Unit 2 727 the Horsley Drive Smithfield NSW 2164 |
Luke Stone Bruno Rao Roy Rao |
RYAN WILKS PTY. LTD. |
Unit 23/28 Vore Street, Silverwater NSW 2128 |
Ron Ryan |
Safetymods Pty Ltd |
Appin Pl St Marys, New South Wales 2760 |
Warner Bowles |
Sovereign Harvest Pty Ltd t/as Servus Group |
10/137-145 Rooks Road Vermont Vic 3133 |
Phill Craig |
S.J. Electric (NSW) Pty. Ltd. |
14A Lidco Street Arndell Park NSW 2148 |
Graeme Dunn - CEO Managing Director Derek Parkin - Independent Non-executive Director Simon Buchhorn - Independent Non-executive Director Paul Chisholm -Independent Non-executive Director Karl Paganin - Independent Chairman SJ Ben Weston - CEO |
Star Electrical Co PTY LTD |
46 Harley Crescent Condell Park NSW 2200 |
Jim Andrews John Andrews Geoff Coleman Jade Coleman Sandy Nugara |
Tasman Asset Management Services Pty Ltd |
27/56 O’Riordan Street, Alexandria, NSW, 2015 |
Stephen Young- Executive Director and Managing Director Mark Vartuli - Executive Director Jason Pryde - Executive Director and Chief Operating Officer |
Third Raven Pty Ltd |
Unit 1/432 Parramatta Road, Petersham NSW 2049 |
Wissam Salama Fadi Taouk |
Tiger Electrical Solutions Pty Ltd |
74 Jenolan Cct Harrington Park NSW 2567 |
Adam Mason |
Evaluation of Tenders
The following 7 companies submitted a non-conforming tender response and were not considered further:
Company |
Company Location |
Directors / Contact |
ARCFIELD |
5/7 Renshaw St, Cranebrook, NSW 2749 |
Luke Vella |
B & G Enterprises (NSW) Pty Limited |
286 High Street Penrith, NSW 2750 |
Grahame Gunton Matthew Gunton |
Brightwood Group Pty Ltd |
Unit 3 / 12 Bernera Rd Prestons, New South Wales 2170 Australia |
Bobby Popovic Brian Trkulja |
P B M Air Pty Limited |
53 George Parade Portland, NSW 2847 |
Susan Handley Paul Betar |
Safetymods Pty Ltd |
Appin Pl St Marys, New South Wales 2760 |
Warner Bowles |
Sovereign Harvest t/as Servus Group |
10/137-145 Rooks Road Vermont Vic 3133 |
Phill Craig |
Star Electrical Co PTY LTD |
46 Harley Crescent, Condell Park NSW 2200 |
Jim Andrews John Andrews Geoff Coleman Jade Coleman Sandy Nugara |
The remaining 21 conforming tenderers were assessed against the selection criteria and price schedule. After a full review of the responses submitted, the following 18 companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems, or did not demonstrate value for money and were subsequently not assessed any further in relation to their submission:
• C.B.D. Mechanical Electrical PTY LTD
• Dux Electrical Contractors Pty Ltd
• Dynamic Solutions Group Pty Ltd
• Elecserve Pty Limited
• Elite Electrical Services (NSW) Pty Ltd
• Grant Walker Electrical Pty Ltd
• Ingen Electrical Services PTY LTD
• KENNECT GROUP PTY LTD
• Kerfoot Pty Ltd
• Mes Operations Pty Ltd
• QA Electrical NSW Pty Ltd
• RADI PTY LTD
• Raston Group Pty Ltd
• RYAN WILKS PTY. LTD.
• S.J. Electric (Vic) Pty. Ltd.
• Tasman Asset Management Services Pty Ltd
• Third Raven Pty Ltd
• Tiger Electrical Solutions Pty Ltd
The remaining 3 tenderers met all the requirements of the evaluation criteria and where short listed:
• Hix Group Pty Limited
• BGL Electrical Pty Limited
• Mirila Electrical Group Pty Ltd
The price schedules were evaluated for all conforming tenderers based on the submitted price for the scheduled maintenance work, and a calculation for reactive maintenance work based on the average reactive expenditure and job numbers. The previous 3 financial years reactive maintenance expenditure was broken down into a labour and material components, then divided by the current hourly rate to determine an average of 692 jobs during hours and 77 jobs after hours per year. This calculation was then multiplied by the general hourly rate provided by the tenderers with the addition of the proposed scheduled maintenance costs to calculate the proposed estimated annual cost to Council for this contract.
The table below list the three short listed tenderers price schedule overview:
|
Hix Group Pty Ltd |
BGL Electrical Pty Limited |
Mirila Electrical Group Pty Ltd |
Tendered Hourly Rate Tradesperson During Hours |
$80.00 |
$77.74 |
$75.00 |
Callout Charges During Hours |
$0 |
$28.00 |
$20.00 |
Tendered Hourly Rate Tradesperson After Hours |
$98.00 |
$116.61 |
$112.50 |
Callout Charges After Hours |
$0 |
$120.67 |
$20.00 |
Material % Up mark |
10% |
10% |
10% |
Tendered Scheduled Maintenance Costs |
$152,589.00 |
$124,067.89 |
$172,305.95 |
Calculated Reactive Maintenance Cost (Based on 692 Jobs During Hours and 77 Jobs After Hours) |
$432,713.70 |
$468,403.49 |
$437,603.20 |
Total Estimated Annual Cost (maintenance) |
$585,302.70 |
$592,471.38 |
$609,909.15 |
Evaluation of Preferred Tenderers
All companies recommended within this report were selected based on their high level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive hourly or schedule of rates for the services offered and independent financial/risk assessment advice.
Based on all compliance and cost considerations, the following 3 tenders are recommended to form the Electrical Maintenance panel of approved contractors:
HIX Group Pty Ltd is a local based company in Penrith and has been in operation since 1992 and employs more than 100 staff, 33 of which have electrical qualifications. HIX Group Pty Ltd are one of Council’s current preferred contractors. In addition to providing services to Penrith City Council they also carry out similar works for Hawkesbury City Council, Blue Mountains Council, Cumberland Council, City of Parramatta Council and other Government and Commercial entities. The Tender Evaluation Committee reviewed HIX Group Pty Ltd to be a standout tenderer based on their:
1. Tender Compliance
2. Previous Experience
3. Demonstrated ability
4. Fast response times
5. Work Health and Safety and Environmental Management systems
6. Competitive price for hourly rates and scheduled maintenance tasks
HIX Group Pty Ltd overall had the highest tender evaluation score, the lowest overall combined cost for the proposed reactive and scheduled maintenance tasks, and staffing ability to meet the requirements of Council. They have been evaluated as being the best overall company in line with the tender requirement and are recommended to be the number 1 preferred tenderer for all schedule and reactive maintenance works up to $50,000 inclusive of GST.
BGL Electrical PTY LTD is a local based company in Penrith and has been in operation since 2009 and employs 13 staff, 5 of which have electrical qualifications and 6 electrical apprentices. In addition to previously providing services to Penrith City Council they also carry out similar electrical maintenance works for Sydney Property Managers and Ventia (Land and Housing NSW Contract). BGL Electrical PTY LTD were considered by the Tender Evaluation Committee to be placed onto the Electrical Maintenance - Panel of Approved Contractors based on their:
1. Demonstrated ability
2. Tender Compliance
3. Competitive price for hourly rates
Mirila Electrical Group Pty Ltd is a local based company in Jordan Springs and has been in operation since 2022 and employs 7 staff, 5 of which have electrical qualifications and 1 electrical apprentice. Mirila Electrical Group Pty Ltd have completed Electrical Project work for new Penrith City Council buildings as a sub-contractor and have carried out similar electrical maintenance works for private childcare centres, Fernhill Estate and Eastern Creek Speedway. Mirila Electrical Group Pty Ltd were considered by the Tender Evaluation Committee to be placed onto the Electrical Maintenance - Panel of Approved Contractors based on their:
1. Demonstrated ability
2. Tender Compliance
3. Competitive price for hourly rates
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.
Funding for the provision of electrical maintenance works is included under annual operational maintenance allocations.
Risk Implications
There are no risk implications associated with this report
subject to the recommendations
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 Adam Wilkinson – Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed on the background and the process.
The TAG considered the recommendations in relation to the tender and reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.
Conclusion
Based on the detailed evaluation of the tenders, analysis of staffing, location, capacity to undertake the work, past experience, price submitted and financial analysis, the tenderers that represents the best overall value for money to Council for of Electrical Maintenance work is HIX Group Pty Ltd. Council intends to engage HIX Group Pty Ltd for all scheduled maintenance works and reactive maintenance works up to $50,000 including GST.
The panel of approved electrical contractors is intended to be made up of the following companies:
• Hix Group Pty Limited
• BGL Electrical Pty Limited
• Mirila Electrical Group Pty Ltd
Providing Council with a panel approved electrical contractors to competitively quote and complete:
• Reactive maintenance work greater than $50,000 inclusive of GST
• Electrical project work
• Electrical design work
That:
1. The information contained in the report on RFT 22/23-018 Electrical Maintenance be received.
2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:
a. Hix Group Pty Limited as primary electrical contractor to complete all scheduled maintenance work, and reactive maintenance work up to $50,000 inclusive of GST
b. Hix Group Pty Limited, BGL Electrical Pty Limited and Mirila Electrical Group Pty Ltd to form the panel of approved electrical contractors to competitively quote and undertake reactive maintenance work greater than $50,000 inclusive of GST, Electrical project work and electrical design work
3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.
4. 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.
7 |
NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds |
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Compiled by: Isaac Mann, Senior Traffic Engineer
Kablan Mowad, Acting Traffic Engineering Coordinator
Authorised by: Joshua Hull, Acting Head of Engineering Services
Andrew Jackson, Director Planning and Regulatory Services
Outcome |
We manage and improve our built environment |
Strategy |
Plan for and maintain accessible, safe and high quality infrastructure |
Principal Activity |
Provide technical advice and work collaboratively with stakeholders to development and implement road safety programs |
Executive Summary
The purpose of this report is to advise Council of grant funding received as part of the Safe Speeds in High Pedestrian Activity and Local Areas Program 2024/25, for the construction of a High Pedestrian Activity Area (HPAA) within the Thornton (North Penrith) Estate. The report recommends that Council accept the $896,900 of grant funding.
Background
Council has been very successful in obtaining funding for transport projects across the Local Government Area and has a strong record in securing and delivering School Stimulus, NSW Safer Roads, Federal Black Spot, Get NSW Active, and Safe Speeds funding.
In the 2023/24 financial year, Council accepted $66,000 from TfNSW under the Safe Speeds in High Pedestrian Activity and Local Areas Program for the detailed design of a HPAA within the Thornton Estate. This design was informed by a feasibility study in 2022 to investigate treatment options to support pedestrian demand and movements at multiple locations in Thornton.
The study recommended implementing a 40km/h HPAA along Lord Sheffield Circuit from the east of Radcliffe Place, Dunshea Street north of the existing pedestrian zebra crossing, and Sydney Smith Drive between William Hart Crescent and Lord Sheffield Circuit. Pedestrian and traffic calming treatments were proposed at 14 locations to define the 40km/h HPAA precinct and to support its implementation.
The HPAA study recommendations were endorsed at Council’s Local Traffic Committee on 5 December 2022 in the report titled "Thornton Estate - Endorsement of 40km/h High Pedestrian Activity Area Scheme” and were subsequently adopted by Council at its Ordinary Meeting on 12 December 2024.
Current Situation
Following completion of the detailed design, the project for construction was nominated under the 2024/25 NSW Towards Zero and HPAA funding streams. Subsequent funding of $896,900 was granted by TfNSW under the Safe Speeds in High Pedestrian Activity and Local Areas Program 2024/25 for the construction of a HPAA within the Thornton Estate.
The HPAA acts to improve pedestrian safety with the implementation of traffic calming at 14 locations and a 40km/hr speed limit across multiple streets. Traffic calming includes speed humps, textured thresholds, and raised pedestrian crossing devices.
HPAAs have been successfully introduced within the Penrith LGA including Penrith CBD and St Marys CBD. Several feasibility studies were also previously completed for areas of Cranebrook, Glenmore Park, South Penrith, St Clair, Werrington and Kingswood (Nepean Hospital).
Financial Implications
The project is 100% funded by TfNSW and requires no Council contribution.
Risk Implications
There are no significant risks for Council associated with this report. Indeed, the project itself is designed to greatly improve road safety and accessibility. The project risks will be managed by Council staff through risk management procedures.
Conclusion
Council has been very successful in obtaining funding and delivering transport projects across the LGA and welcomes additional funding under the Safe Speeds in High Pedestrian Activity and Local Areas Program 2024/25.
Funding of $896,900 will allow the construction of the approved HPAA scheme within the Thornton Estate, delivering major safety and accessibility improvements for our community.
That:
1. The information contained in the report on NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds be received.
2. Council acknowledge acceptance of grant funding of $896,900 from the TfNSW Safe Speeds in High Pedestrian Activity and Local Areas Program 2024/25.
3. Council write to the Local State Members thanking them for their ongoing support and continued funding of active transport and road safety initiatives.
ATTACHMENTS/APPENDICES
There are no attachments for this report
8 |
RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing |
|
Compiled by: Allan Berry, Operations Coordinator – Cross City
Authorised by: Linda Ross, Head of City Presentation
Adam Wilkinson, Director Asset 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
The report advises Council on the process and outcome of the Tender for supply, installation and repair of various types of fencing. This fencing tender, first advertised on the 22nd April 2024 and closed on the 21st May 2024, has been procured for the supply, installation and repair of various types of fencing within the Penrith Local Government Area. The contract will run for an initial period of three (3) years with an option to extend for a further two (2) x one (1) year periods.
This report advises Council of the outcome of the tender process to establish a preferred supplier list and recommends that the tenders from Metal Fencing Specialists Pty Ltd and Northern Fencing Specialists Pty Ltd, be accepted for the stated provisions for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods as per the recommendations contained in this report.
Background
The agreement encompassing the ‘Supply, Installation and Repair of Various Types of Fencing’ was first established in November 2000 and has been managed successfully over four consecutive tender periods.
More recently, Council’s annual spend over the last three financial years of this contract is as follows:-
Ø 2021/22 - $553,003.05
Ø 2022/23 - $574,929.75
Ø 2023/24 - $510,857.75
The purpose of this Tender was to establish a preferred list of contractors to perform part or all the following services on an ‘as required’ basis throughout the term of the agreement. The preferred list of contractors will be capable of providing the following services:
Ø Supply & install of new various types of fencing
Ø Repair of various types of existing fencing
Ø Removal and disposal of various types of existing fencing
Ø Supply & install of various safety barrier systems
Ø Repair of existing safety barrier systems
Ø Removal and disposal of various existing safety barrier systems
The current contract arrangement for this tender expired in November 2023 and was extended thereafter until a thorough review of necessary service requirements was undertaken to strengthen Council’s ability to deliver a broader range of services, within a contemporary procurement framework.
Tenders were advertised via e-tendering and the Vendor Panel website on 22nd April 2024 for the provision of Supply, Installation & Repair of Various Types of Fencing.
Tenderers were required to submit their tender by using the Vendor Panel online Portal which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for Repair, Supply & Installation of various types of fencing.
Tender Evaluation Panel
The Tender Evaluation Panel consisted of Allan Berry (Operations Coordinator – Cross City Services), Lynden Tippett (Field Coordinator - Civil), Brad Bloomfield (Field Coordinator – Trades), Rob Lynch (Work Health and Safety Business Partner) and James Craig (Project Supervisor).
The tender evaluation process was facilitated by Allyce Langton (Supply Officer - Contracts).
Evaluation process
The process for the evaluation of tenders was as follows:
1. Initial review of tenders to determine compliance with the evaluation criteria, including the ability of tenderers to provide the full range of services specified.
2. Assessment of costs based on the unit rates tendered and the allocated staff to perform the services, and determination of a short-list based on the best rankings from 1 above.
Tender Evaluation Criteria
The selection criteria advertised and used in assessing the tenders were:
Scope of Requirements
Ø Demonstrated Ability
Ø Response Times
Ø Financials
Ø Employment Policies
Ø Environmental Management
Ø Quality Assurance System
Ø Work Health & Safety
Summary of Tenders Received
A total of 5 submissions were received from the following respondents (listed in alphabetical order) in response to the advertised tender:
Company |
Company Location |
Directors/Contact |
All Hills Fencing |
2/90 Toongabbie Road Toongabbie, NSW 2146 |
Jeffrey Norris |
Encat Pty Ltd |
4 Sirius Road Bligh Park, NSW 2756 |
John Ford |
Metal Fencing Specialists Pty Ltd |
7 Kenoma Place, Arndell Park NSW 2148 |
Steve Diener Rudy Diener |
Northern Fencing Specialists Pty Ltd |
44 Preston Street Penrith NSW 2750 |
Glen Plummer |
Summit Fencing |
92 Old Bathurst Road, Emu Heights NSW 2750 |
Rodney Ovenden Amanda Ovenden |
It was determined during the initial compliance check, that All Hills Fencing and Encat Pty Ltd were deemed non-conforming after they failed to provide the required schedule of rates. Their responses did not progress to the Criteria Evaluation stage.
The following three companies were then short listed for assessment against the Criteria Evaluation:
Ø Metal Fencing Specialists Pty Ltd
Ø Northern Fencing Specialist Pty Ltd
Ø Summit Fencing
Criteria Evaluation
The initial stage of the evaluation process involved assessing all companies against the selected criteria within the tender. Each company was requested to demonstrate their capability of performing the specified works, competitive pricing, ability to meet our environmental needs, quality assurance, and their ability to adhere to Council’s work health & safety requirements.
After the criteria evaluation it was determined by the Tender Evaluation Panel that Summit Fencing had failed to provide the necessary documents required to support their response for work health and safety, and therefore did not comply with the minimum requirements.
The following two companies were then short listed for assessment against the Price Evaluation:
Ø Metal Fencing Specialists Pty Ltd
Ø Northern Fencing Specialist Pty Ltd
Price Evaluation
Prices were requested for the supply, installation, removal and repair of fencing and barrier type systems:
(i) Supply and install chain wire fencing
(ii) Remove and dispose of existing section, and replace with new chain wire fencing parts
(iii) Supply and install steel post and rail.
(iv) Remove and dispose of existing section and replace with new steel post and rail parts.
(v) Supply and install RMS rural road boundary fencing.
(vi) Supply and install bushland boundary fencing.
(vii) Supply and install balustrade fencing.
(viii) Remove and dispose of existing section and replace with new balustrade parts.
(ix) Supply and install boundary fencing for premises.
(x) Remove and dispose of existing section and replace with new boundary fencing parts.
(xi) Construction of new concrete strip for fixing of base plate type fencing
(xii) Removal of existing fencing and disposal of site to contractor's waste / facility
(xiii) Supply and install of safety barrier systems.
(xiv) Remove and dispose of existing section and replace with new safety barrier parts.
Fencing for general, pedestrian, parks, boundary and security purposes typical include;
Ø Chain Wire Fencing
Ø Steel Post and Rail Fencing
Ø RMS Road Boundary Fencing
Ø Balustrade Fencing
Ø RMS Type Pedestrian Fencing
Roadside Safety Barriers typically include;
Ø Guard Rail Barriers
Ø Wire Rope Type Barriers
To enable a full comparison of the unit rates submitted, a total annualised cost for each tenderer has been calculated, based on the estimated annualised quantity of our highest requested services specified.
Supply and Install Chain Wire Fencing (commonly used 750mm high)
Tenderer’s Name |
Estimated Annualised Cost |
Metal Fencing Specialists Pty Ltd |
$26,970 |
Northern Fencing Specialists Pty Ltd |
$36,580 |
Based on compliance and cost rankings, Metal Fencing Specialists Pty Ltd’s offer represents the best value to Council for the supply and install of Chain Wire fencing. Northern Fencing Specialists Pty Ltd will be a suitable back up provider of this service, where the primary tenderer is not available.
Supply and Install Steel Post and Rail Fencing (commonly used 750mm high)
Estimated Annualised Cost |
|
Metal Fencing Specialists Pty Ltd |
$17,820 |
Northern Fencing Specialists Pty Ltd |
$35,820 |
Based on compliance and cost rankings, Metal Fencing Specialists Pty Ltd’s offer represents the best value to Council for the supply and install of steel post and rail fencing. Due to significant variations in cost, Northern Fencing Specialists Pty Ltd will not be considered as a suitable back up provider of this service.
Supply and Install Balustrade Fencing (Type 1 Pedestrian Fencing)
Tenderer’s Name |
Estimated Annualised Cost |
Metal Fencing Specialists Pty Ltd |
$94,380 |
Northern Fencing Specialists Pty Ltd |
$166,200 |
Based on compliance and cost rankings, Metal Fencing Specialists Pty Ltd’s offer represents the best value to Council for the supply and install of RMS Type Pedestrian Safety Fencing. Due to significant variations in cost, Northern Fencing Specialists Pty Ltd will not be considered as a suitable back up provider of this service.
Supply and Install Coloured Steel Fencing (Colourbond or equivalent)
Tenderer’s Name |
Estimated Annualised Cost |
Metal Fencing Specialists Pty Ltd |
$26,460 |
Northern Fencing Specialists Pty Ltd |
$38,880 |
Based on compliance and cost rankings, Metal Fencing Specialists Pty Ltd’s offer represents the best value to Council for the supply and install of Coloured Steel Fencing. Northern Fencing Specialists Pty Ltd would be suitable as a secondary provider for this service where the primary tenderer is not available.
Supply and Install Guard Rail Barriers
Tenderer’s Name |
Estimated Annualised Cost |
Metal Fencing Specialists Pty Ltd |
$28,000 |
Northern Fencing Specialists Pty Ltd |
$168,000 |
Based on compliance and cost rankings, Metal Fencing Specialists Pty Ltd’s offer represents the best value to Council for the supply and install of Guard Rail barriers. Due to significant variations in cost, Northern Fencing Specialists Pty Ltd will not be considered as a suitable back up provider of this service.
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.
Funding for the provision of fencing works is included under annual operational maintenance allocations.
Risk Implications
There are no risk implications associated with this report
subject to the recommendations.
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 Adam Wilkinson – Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed on the background and the process.
The TAG considered the recommendations in relation to the tender and reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.
Conclusion
Based on the detailed evaluation of the tenders, capacity to undertake the work, analysis of staff, location, past experience, competitive pricing, financial analysis, and WHS, the Tender Evaluation Panel are of the opinion that Metal Fencing Specialists Pty Ltd has provided a competitive rate and demonstrated its capability in accordance with the tender requirements and is therefore recommended as the primary contractor for all specified services.
Northern Fencing Specialists Pty Ltd have been recommended as a backup provider, in all but three of the requested services if the primary contractor is unavailable.
Based on the detailed evaluation of all tenders received, the tender that represents the best overall value for money to Council for each service is summarised below, in the preferred ranking.
Service Contract |
Preferred Tenderer Ranking |
Chain Wire Fencing |
1. Metal Fencing Specialists Pty Ltd 2. Northern Fencing Specialists Pty Ltd |
Steel Post and Rail Fencing |
1. Metal Fencing Specialists Pty Ltd |
RMS Boundary Fencing |
1. Metal Fencing Specialists Pty Ltd 2. Northern Fencing Specialists Pty Ltd |
Balustrade Fencing |
1. Metal Fencing Specialists Pty Ltd |
Coloured Steel Fencing |
1. Metal Fencing Specialists Pty Ltd 2. Northern Fencing Specialists Pty Ltd |
Guard Rail Barriers |
1. Metal Fencing Specialists Pty Ltd |
Wire Rope Type Barriers |
1. Metal Fencing Specialists Pty Ltd 2. Northern Fencing Specialists Pty Ltd |
Repair of existing Fencing and Barriers |
1. Metal Fencing Specialists Pty Ltd 2. Northern Fencing Specialists Pty Ltd |
RECOMMENDATION
That:
1. The information contained in the report on RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing be received.
2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:
a) Supply & Installation of Chain Wire Boundary Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor
b) Supply & Installation of Post and Rail Fencing be awarded to Metal Fencing Specialists Pty Ltd.
c) Supply & Installation of RMS Boundary Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
d) Supply & Installation of Balustrade Fencing be awarded to Metal Fencing Specialists Pty Ltd.
e) Supply & Installation of Coloured Steel Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
f) Supply & Installation of Guard Rail Barrier Fencing be awarded to Metal Fencing Specialists Pty Ltd.
g) Supply & Installation of Wire Type Barrier Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
h) The repair of existing Fencing and Barriers be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.
4. 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.
Outcome 5 - We have open and collaborative leadership
Item Page
9 Local Government NSW Annual Conference 2024 59
11 Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 73
12 Model Code of Meeting Practice - Councillor Attendance at Public Meetings 75
13 Acceptance of Grant Funding - Natural Disaster Relief Assistance 78
14 PWA funded St Marys Flood Levee Repair and Maintenance Project 80
9 |
Local Government NSW Annual Conference 2024 |
|
Compiled by: Avanthi Fernando, Governance Officer
Stuart Benzie, Governance Coordinator
Authorised by: Adam Beggs, Head of Governance
Outcome |
We have open and collaborative leadership |
Strategy |
Corporate Enablers |
Principal Activity |
Participate in reviews and forums and make submissions that affect the community in respect to local government governance |
Executive Summary
Local Government NSW (LGNSW) will hold its Annual Conference at Tamworth Regional Entertainment and Conference Centre from 17 - 19 November 2024.
Council is entitled to nominate up to ten (10) Councillors as voting delegates on motions to attend the Conference, as well as other Councillors as observers.
This report recommends that Council nominate ten (10) voting delegates to attend the Annual Conference from 17 – 19 November 2024. Council is required to advise LGNSW of the names of the voting delegates by Wednesday 6 November 2024.
Background
Local Government NSW (LGNSW) will hold its Annual Conference at Tamworth Regional Entertainment and Conference Centre from 17 - 19 November 2024.
The Annual Conference is an annual policy-making event for all NSW councils and associate members where councillors and mayors come together to share ideas and debate issues that shape the way LGNSW is governed.
Over the years, councils have been successful at influencing the development of state-wide local government policy, economic stability, infrastructure, particularly in the areas of planning, the environment, social and community, governance and accountability.
Councils put forward motions for consideration at the Annual Conference. Where a majority of voting delegates vote in support of the motion, it is adopted as a resolution of LGNSW and will be reviewed against Fundamental Principles and Position Statements.
Submission of Motions
Councils have been advised that for a motion to be included in the Business Paper that they must meet the following guidelines:
1. are consistent with the objects of the LGNSW Rules (see Rule 4 of the Association’s rules),
2. demonstrate that the issue concerns or is likely to concern a substantial number of local governments in NSW,
3. seek to establish or change a policy position of LGNSW and/or improve governance of the association (noting that the LGNSW Board is responsible for any decisions around resourcing and campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),
4. be strategic,
5. be concise, clearly worded, and unambiguous,
6. not be focussed on just a small specific part of NSW,
7. not encourage violation of prevailing laws,
8. not seek to advantage one or several members at the expense of other members,
Motions of a similar objective:
9. may be consolidated by LGNSW as a single item.
Motions reflecting existing LGNSW policy:
10. remain part of LGNSW’s Policy Platform but will not be included for debate as they have already been considered by Conference.
Accordingly, Council’s motions should relate to issues which are causing concern to the Council and/or the community. The motions should also suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position.
Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed and submitted by Thursday 15 August 2024.
The following motions have been prepared by staff.
Motion 1
Subject: Equitable provision of infrastructure to support delivery of housing target commitments.
Motion Wording:
That Local Government NSW call on the NSW State Government to use an ‘equitable access lens’ to inform funding and delivery of infrastructure and enable local councils to deliver on housing targets, by:
1. Setting evidence-based and infrastructure-supported housing targets, together with coordinated delivery of jobs and infrastructure.
2. Implementing a coordinated approach to infrastructure identification, prioritisation, funding and delivery of infrastructure in line with housing targets.
3. Ensuring equitable access to funding to alleviate infrastructure lag in outer-metropolitan growth areas, unlocking capacity in greenfield areas.
Motion Details:
Outer metropolitan growth areas are expected to experience population growth rates at double the national average. However, they have long encountered lack of timely provision and under-investment in vital infrastructure that is critical to community liveability and productivity outcomes.
The NSW Government’s housing targets for the next 5 years are significant. Yet, at the same time there is also significant transport and other enabling infrastructure lags adversely impacting resident’s and workers ability to connect within and outside of their area to employment and education and other critical social infrastructure.
Residents in new communities should expect the same standard of living and quality of life outcomes as elsewhere. It is often accepted that growth areas will be car dependent, lacking in infrastructure such as open space and community facilities, exacerbated by disconnected transport links – at least until long after those areas establish. There is a need to provide more equitable, timely infrastructure delivery support and funding to local councils to enable a place based approach to development and new housing supply in line with the housing targets. Planning for housing needs to be inextricably linked with infrastructure funding and provision, particularly in outer growth areas.
Compounding the impacts of limited transport options for growth area residents is the significant financial cost that comes with living in an area not serviced by the necessary enabling infrastructure. The cost of the daily average commute by private car for growth area workers is $36.28 (running costs, tolls and parking) per return trip, and this increases to $58.35 when standing costs (insurance, registration etc) are included. This equates to $8380 annually for full-time workers, which represents 17 percent of the average income for growth areas ($49,250). While public transport is an affordable alternative, for people in outer growth areas public transport options are limited, overly complex, incompatible with routine, or non-existent compelling more people to drive to work. It is no longer fair or equitable that growth area residents have substandard or lagging infrastructure, often an afterthought after the housing is constructed.
There is a need for a coordinated approach to infrastructure identification, prioritisation, funding and delivery in line with development staging. We call on the NSW Government for a coordinated governance framework for both the preparation of infrastructure lists and the delivery of infrastructure in line with the housing targets. It is critical that such a framework has the buy-in of all relevant agencies and councils.
Looking at the funding and delivery of infrastructure through the lens of ‘equitable access’ will ensure state and local infrastructure can be delivered effectively to serve the most rapidly growing areas and the most vulnerable people.
Motion 2
Subject: Certainty and clarity on the determination of flood planning policies including flood evacuation solutions and flood planning levels
Motion Wording:
That Local Government NSW call on the NSW Government to strategically plan and consult with local councils to:
1. Provide clarity regarding flood planning policies including redetermination of flood planning levels that reflect an acceptable level of risk.
2. Provide clarity on bespoke flood evacuation solutions, including increased warning times, to address the current flood and safety risks to communities living in specific catchments and facilitate responsible development.
Motion Details:
Flood planning has become increasingly complex, with a myriad of recent policies and recommendations being released. The lack of clarity around flood planning policies by the NSW Government, and the ever-changing policy framework, has made it difficult for Councils to plan for the future of cities, centres and neighbourhoods that fall within river catchments.
The Fuller /O’Kane Inquiry (2022) made recommendations into the preparation for, causes of, response to and recovery from the 2022 catastrophic flood event across the state of NSW. Recommendation 18 called on the NSW Government to adopt a risk-based approach to calculating the Flood Planning Level for planning purposes and, immediately start a process of revising all Flood Planning Level calculations in the State's high-risk catchments. It also recommended that Flood Planning Level redeterminations for all high-risk catchments be completed within 3 years. In anticipation of the NSW Government redetermining the flood planning level (FPL) for high-risk catchment areas, planning for future growth has been made difficult by the many NSW Government policies and recommendations relating to floodplain management.
The inquiry also called on the NSW Government to develop Disaster Adaptation Plans (DAP) for high risk regions to be completed within 3 years. We support the progression of the development of two high priority Disaster Adaptation Plans by NSWRA in consultation with Councils for the Hawkesbury Nepean Valley and Northern Rivers. To ensure certainty for development and support future planning of cities and centres subject to flood impact, the DAP must include clear flood planning levels that reflect an acceptable level of risk, thereby balancing the aspirations of river communities with the realities of living in a floodplain.
It is noted that not all river flooding is the same. Rather than potentially stagnating growth and prosperity through a one size fits all approach to flood planning and unbalanced constraints, a bespoke approach is needed to support growing and prosperous communities built on the banks of rivers throughout NSW.
We call on the NSW Government to implement bespoke flood evacuation solutions that addresses the current flood and safety risks to communities living in river catchments and facilitates future growth and responsible development. Further, the redetermination of flood planning levels should be subject to a process equivalent to the NSW floodplain risk management merit-based process, which ensures economic considerations are comprehensively factored into the process. This could mean, for example, the adoption of more than one flood planning level in recognition of the vulnerability of different land uses (e.g. residential versus commercial) and building elements (e.g. habitable versus non-habitable or the use of flood compatible materials and construction methods), which could have a significant impact on the economic feasibility of development in the cities and centres.
Financial Implications
Funding participation to the Local Government NSW Annual Conference 2024 has been established into the 2023-24 Operational Budget.
Risk Implications
There are no specific risks associated with attendance at the Local Government NSW Annual Conference.
Conclusion
Council has been successful in influencing State Association policy through its involvement in past Conferences. Council has an important role for its community in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through advocacy. Council’s attendance and involvement at the Local Government NSW Annual Conference is one of the activities that contribute to achieving this action.
That:
1. The information contained in the report on Local Government NSW Annual Conference 2024 be received.
2. Council nominate ten (10) Councillors as its voting delegates for motions to attend the 2023 LGNSW Conference being held at Tamworth Regional Entertainment and Conference Centre from 17 - 19 November 2024.
3. Council consider the nomination of observers to attend the 2024 LGNSW Annual Conference.
4. Leave of absence be granted as appropriate for those Councillors attending the conference.
5. Council motions as outlined in the report be endorsed and forwarded to LGNSW.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
10 |
PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management |
|
Compiled by: David McIllhatton, Business Systems Lead
Stephannie Mikhail, Head of Business Excellence
Neil Farquharson, Chief Financial Officer
Jane Howard, Chief Information Officer
Authorised by: Matthew Bullivant, Director Corporate Services
Outcome |
We have open and collaborative leadership |
Strategy |
Deliver an efficient, transparent and accountable service to the community |
Principal Activity |
Support and drive the organisation in identifying business improvement opportunities and service reviews |
Executive Summary
Following an Expression of Interest process, a Select Tender for Core Business Systems Transformation, was advertised online through VendorPanel on 2 May 2024 and closed on 29 May 2024 at 11.00am.
The Core Business Systems Transformational project is a major transformational project that will see business processes improved and modernised, with the assistance of a contemporary Enterprise Resource Planning (ERP) system. The project is a Tier 1 project under Council’s Project Management Framework and has and will be the subject of oversight by the Executive Leadership Team Project Governance Group and Major Projects Working Party.
Community, customer and employee experience is at the heart of this change, which will deliver efficient, effective, and seamless end to end business processes. The technology solution(s) chosen will enable Council to sustainably provide service delivery to the community now and into the future. It is imperative that Council source the right mix of vendors to allow this to occur.
This report advises the Council of the outcome of the Select Tender process and recommends that all tenders be rejected and TechnologyOne Limited be nominated as the preferred vendor for the purpose of entering into negotiations. This report needs to be read in conjunction with the report titled Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management in Committee of the Whole in this business paper.
Background
Penrith City Council (Council) has embraced business transformation as a mechanism for addressing challenges arising from disparate, outdated, non-existent technology and processes, and for responding to local government trends and economic growth of the local area.
This journey commenced through the Council’s Customer Experience Strategy, which had a focus on improving the customer facing technology and the interaction with its customers and community. To further leverage this technology, Council’s core business systems also need to be transformed and optimised.
Council’s core business systems refer to software systems which manage council’s day-to-day business activities such as accounting, human resources, payroll, procurement, regulatory compliance, property, development, rates, corporate reporting and asset management. Implementation of most of these systems occurred in early 2001 and inconsistent investment across these systems since then has resulted in a number of these systems no longer providing efficient and effective processes. In addition, several systems are reaching the end of life meaning no further development or support will be provided by the vendor.
Council engaged KPMG over two separate engagements to assist with the following:
· Development of ERP strategy and roadmap including identification of systems to include.
· Development of an ERP Business Case.
· Development of solution and functional requirements.
These engagements identified that a hybrid solution is the preferred technology model however this may need to be modified through the approach to market based on vendor responses and Council’s requirements at that time. A hybrid solution seeks the utilisation of an almost fully integrated solution but utilising other software vendors to fill in gaps in offerings. For example, finance, procurement, property & rating, corporate performance management and human resources may be one solution provided by a vendor, with asset management and payroll may be provided by other vendors.
There are multiple vendors and available solutions in the marketplace. To determine the best fit-for-purpose solution for Penrith City Council, a multi-stage tender process involving an expression of interest (EOI) which included systems demonstrations, and subsequent tenders were conducted.
The EOI attracted a significant number of vendors that have successfully introduced core business systems software solutions in the areas of financials, procurement, corporate performance & reporting, property & rating and Asset Management on behalf of other Councils, state government agencies and/or private organisations. As such, the EOI Evaluation Panel concluded that the following respondents be recommended to be placed on the shortlist for select tender:
· Civica Pty Ltd
· TechnologyOne Limited
· Mastek Systems Pty Ltd
· CountERPart Solutions Pty Ltd
· Brightly Software Australia Limited
However, the EOI Evaluation panel considered that it would be more beneficial for the organisation to conduct an open tender for the human resources and payroll components of the EOI. This open tender has been commenced however time has not allowed for this to be finalised in time for this Council therefore will be presented to an Ordinary Meeting of the new Council later in the year.
The procurement approach and recommendations for the Expression of Interest EOI22/23-0002 was presented to the Councillor Briefing held on 19 February 2024 and then to Council’s February 2024 Ordinary Council meeting and subsequently adopted.
Employee engagement
Subject matter experts made up of employees across the organisation have come together to form the Tender Evaluation Panel for our vendor selection. The Panel members are not only an integral part of this tender process but have assisted and will be crucial to the successful implementation of the solution. The members were selected based on their knowledge and thorough understanding of the end-to-end business processes that were relevant and interact to the particular key stakeholder department. This is important, because Council has committed to an operational uplift of business process which sit both inside and outside of technology, rather than just a software upgrade.
In addition, these members were selected due to their understanding of technology, assisting in understanding how the processes would function within a new and innovative solution.
This group has together created the functional requirements for vendors to demonstrate and be evaluated against. Further, this group established and has been accountable to decision-making principles that will ensure a solution is recommended to Council with the whole of the organisation in mind.
Current Situation
Following the initial expression of interest evaluation, the five (5) respondents below were placed on a shortlist to be included in the subsequent select tender process
· Civica Pty Ltd
· TechnologyOne Limited
· Mastek Systems Pty Ltd
· CountERPart Solutions Pty Ltd
· Brightly Software Australia Limited (Asset Management System Only)
Selected tenderers for the project were required to
submit their tender using the VendorPanel tendering software, which clearly
defined the response required against each of the evaluation criteria. The select tender was advertised online through VendorPanel on
2 May 2024 and closed on 29 May 2024 at 11.00am.
All five (5) select tender responses and quotes were received by the closing date of the advertised tender and are listed below (ex GST):
Company |
Implementation Costs (includes Integration and Data Migration) |
Annual Licencing based on 15 year contract (No CPI applied) |
Company Australian Address |
Directors |
Mastek Systems Pty Ltd |
$4,203,615 |
$11,668,845 ($777,923) |
Level 26, 44 Market Street Sydney NSW 2000 |
Domenic Cirnigliaro Rakesh Raman |
CountERPart Solutions Pty Ltd |
$4,088,883 |
$13,333,587 ($888,906) |
Suite 501, 20 Napier Street Essendon VIC 3040 |
Wayne Welcome |
Civica Pty Ltd |
$3,486,523 |
$15,495,660 ($1,033,044) |
Ground Floor, 277 William Street Melbourne VIC 300 |
Partners Group * Steffen Meister Dr Marcel Erni Alfred Gantner Anne Lester Gaelle Olivier Urs Wietlisbach Flora Zhao |
TechnologyOne Limited |
$2,587,323 |
$27,463,127 ($1,830,875) |
Level 11, 540 Wickham Street Fortitude Valley QLD 4006 |
Mr Pat O’Sullivan Mr John Mactaggart Mr Richard Anstey Dr Jane Andrews Ms Sharon Doyle Mr Clifford Rosenberg Mr Peter Ball |
Submission was only for the Asset Management Component |
||||
Brightly Software Australia Pty Ltd |
$346,950 |
$4,050,000 ($270,000) |
Governor Phillip Tower, Level 61 1 Farrer Place Sydney NSW 200 |
Daniel William Graham Kevin Kemmerer Andrew Guy Phillips |
Please note that the Civica submission didn’t provide a list of directors only the Parent Company that owns them. The directors included are as per the motion included in the 2024 Annual General Meeting Invitation of the Partners Group.
The implementation and licencing costs vary due to level of services and components being offered. Costs include the project implementation cost and the first-year annual maintenance. Several vendors included costs associated with components that were considered out of scope as they considered it was more beneficial to their submission.
All five (5) respondents were included in the evaluation process and assessed in the VendorPanel tender evaluation software against the evaluation criteria.
The Tender evaluation criteria, listed below, was advertised and used in assessing the select tenders received:
Compliance Criteria
· Statement of Conformance
· Returnable tender schedules:
o Tender Offer
o Key Information
o Declaration of Compliance and Conflicts of Interest
o Schedule of Fees
o Response to Requirements
o Insurance Details
· Respondent’s Workplace Relations Information
· Current Insurance Policies
· Quality Management System
Qualitative Criteria
· Schedule of Fees
· Approach and Methodology including timeframes and resources
· Functional Requirements
· ICT Functional Requirements
· Demonstrated Functionality
· Local Supplier
The following criteria was not assessed as it was previously assessed in the initial Expression of Interest, EOI 22/23-0002 Core Business Systems Transformation:
· Respondent’s Workplace Relations Information
· Quality Management System
Systems Demonstration Assessment
Vendors were also asked to demonstrate key functionality to the Tender Evaluation Panel on how their system and solution operates and addresses the functional and ICT requirements, as well as functionality. All five (5) vendors were provided with the same list of key areas to present and showcase their proposed solution.
The Evaluation Panel below met on 3 July 2024 to review, evaluate and reach consensus on the tender responses and the system demonstrations.
Financials & Procurement
· Natalie Benzie – Finance Strategic Business Partner
· Cheryl Freeburn – Operational Finance Coordinator
· Lana Axford – Supply Coordinator
Property & Rating
· Matthew Saunders – Rates Coordinator
· Maya Goldsmith – Business Operations Coordinator
· Carly McIllhatton – Engineering Administration Officer
· Jessie Soster – Team Leader – Development Compliance
· Natalie Stanowski – Principal Planner
· James Creer – Acting Resource Recovery Coordinator
· Amelia Wallace – Customer Experience Team Leader
Asset Management
· Arlo Andrews – Asset Coordinator – Data and Systems
Non-Functional Requirements
· Shivani Chand – Business Solutions Manager
· David McIllhatton – Business Systems Lead
Project Control Group
· Jane Howard – Chief Information Officer
· Neil Farquharson – Chief Financial Officer
· Stephannie Mikhail – Head of Business Excellence (Project owner)
· Matthew Bullivant – Director Corporate Services (Sponsor)
Laura Stott, Procurement Business Partner, coordinated and managed the Select Tender and evaluation process.
Following a thorough and robust evaluation, the panel determined two (2) vendors should proceed to reference checks:
1. Civica Pty Ltd.
2. TechnologyOne Limited.
The key factors for choosing these vendors include:
· both offer a solution that looked and interacted cohesively and seamlessly with minimal integration points.
· they sufficiently demonstrated their ability to meet the majority of Council’s requirements.
· they demonstrated a knowledge and understanding of the complexities of the business of Local Government better than that of other tenderers.
The reference checks were to ensure that the Vendor had the project implementation capability, appropriate account management and support and to further clarify some functionality areas of concern.
The two (2) preferred vendors were asked to provide Council with contact details for reference sites, for like-Councils who have implemented the solution being proposed. The Evaluation Panel met with these reference sites.
The Evaluation Panel reconvened on 31 July 2024 following the reference checks. The reference checks provided input that both preferred vendors in most cases had the required needs for these sites in relation to project implementation capabilities, account management and ongoing support however it was noted that there was a major difference between the size, scale and implementation approach of both vendors.
TechnologyOne provided reference sites that were a comparable size and a mixture of implementation methods which included a technology version upgrade (like for like no process enhancement) and a new implementation. The Civica sites were of a significantly smaller size and scale and simply performed a Technology version upgrade.
It was pleasing to note that all reference sites stated that a significant amount of the benefits highlighted in their respective business cases were being delivered through the implementation and ongoing support.
The evaluation panel agreed that the tender from TechnologyOne was the best fit solution for the organisation however further clarification and discussion is required in the following areas to understand the exact components to be implemented as the pricing provided is for all modules under the OneCouncil solution proposed:
· Procurement and Sourcing Components
· Modules required to assist with Integration and end to end business processes for current systems within the Microsoft platform which includes Field Services Mobility, SharePoint and Customer Relationship Management.
· Removal of the Performance Planning component which is currently under contract. Council ceased utilising the TechnologyOne solution in 2022 following a tender process. This component will be considered at the expiry of the contract.
Council officers recommend that Council reject the tender. It would be prudent and diligent that Council moves into a contract negotiation process to ensure that Council achieves the best outcome and value for money. The organisation intends to establish a strategic partnership between Council and the preferred provider and consider that this an opportunity to begin and embed this partnership notwithstanding TechnologyOne is Council’s current provider.
The aim of the negotiation is to find a price point that is fair and reasonable to both parties while considering the exact components and timing required for the solution within the scope of works included in the tender. A negotiation protocol will be established, and a probity officer appointed.
While the Local Government Act mandates that a Tender is required for contracts with a value exceeding $250,000 several other advantages are achieved by completing this process not withstanding that the same system vendor may be selected. These advantages include the ability to consider changes in market conditions, technological advancements or service delivery standards while ensuring these services continue to meet community and organisational needs and achieve value for money. Given the time since this process was last completed there have been significant advancements in technology which effectively means the process will be treated as a new implementation. While this process has focused on selecting the right technology and vendor partner, the true value and benefits will be delivered through the reengineering of Council’s end-to-end business processes.
Financial Implications
More detailed financial implications commentary is provided in tonight’s Committee of the Whole report – Business Systems Transformation: Finance, Procurement, Property & Rating and Asset Management.
Financial Services have reviewed TechnologyOne’s financial information from the publicly available 2023 Annual Report for TechnologyOne and have also conducted a financial analysis and risk assessment. Financial Services did not identify any reason why Council should not proceed with negotiations with TechnologyOne. Based on the Financial Services assessment TechnologyOne appear to have a strong balance sheet and a proven track record of delivering projects of similar scale and complexity with government partners.
Risk Implications
The risk incurred by Council in moving to a negotiation phase with a suitable outcome not being reached is considered low. Without this agreement and subsequent contract being completed the organisation will continue to utilise inefficient and outdated processes including manual processes which carries the risk of potential errors and complications, including inefficiencies, lost time, and flow on effects to staff and customers.
In addition, the valuable time and resources already consumed in this long and exhaustive process will be lost. It would affect the ability to keep key stakeholders engaged and committed to the project which may result in the ability to complete the larger project within available resources and timeframes.
Both parties may also incur a reputation risk should an agreement not be reached.
Council Officers are confident that an agreement can be reached which will allow the project to move into the implementation phase.
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 Matthew Bullivant – Director Corporate Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed on the background and the process.
The TAG considered the recommendations in relation to the tender and reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.
Conclusion
That:
1. The information contained in the report on PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management be received.
2. After considering the responses to the PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management Select Tender and in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2021 (the Regulation), Council decline to accept any of the tenders.
3. In accordance with clause 178(3)(e) of the Regulation, Council authorise the General Manager to enter into negotiations with TechnologyOne Limited with a view to entering into a contract in relation to the subject matter of the tender.
4. Pursuant to clause 178(4)(a) of the Regulation, the Council’s reasons for declining to invite fresh tenders are:
a. Given the extensive Expression of Interest and Select Tender process already conducted inviting fresh tenders would unlikely result in a significant different or improved outcome for Council.
b. The complexity of the proposal will require extensive negotiation on the contract terms which a fresh tender process won’t alter.
c. Direct negotiation will enable Council to achieve optimal value for money.
5. Pursuant to clause 178(4)(b) of the Regulation, the Council’s reasons for determining to enter into negotiations with TechnologyOne Limited are:
a. The TechnologyOne Limited tender satisfactorily demonstrates the capability and capacity to undertake the scope of works and based on the evaluation was determined to be the preferred tenderer.
b. To reach an agreement on the appropriate software to be included and subsequent licencing fees.
c. To allow for discussion and clarification on contract terms, conditions and length.
6. Council authorises the General Manager to enter into a contract with TechnologyOne Limited following a satisfactory outcome of the Negotiations subject to the negotiation terms included in the Committee of the Whole Report titled Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management.
7. An information only report be provided on the outcome of the negotiations.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
11 |
Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 |
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Compiled by: Anne Richardson, Head of Strategic Asset Management
Authorised by: Adam Wilkinson, Director Asset Services
Outcome |
We have open and collaborative leadership |
Strategy |
Plan for and manage City resources for current and future generations |
Principal Activity |
Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs |
Executive Summary
This report recommends that the information be received and that Council accepts the allocation of $13,396,064 Roads to Recovery (R2R) Grant funding offered by the Australian Government for the five year funding period 1 July 2024 to 30 June 2029.
Background
The Australian Government has provided Local Councils with grant funding under the R2R program in five year blocks since 2004. Council has received written advice on 22 May 2024 that $13,396,064 has been allocated to Penrith City Council under the R2R program starting on 1 July 2024. This is a substantial increase from the previous allocation of $7,611,373 for the period from 1 July 2019 to 30 June 2024. The purpose of the program is to help Local Councils maintain and upgrade their local roads.
Current Situation
Council is free to decide the priority local projects on which to spend our allocation, within the formal funding conditions. Council has used our previous allocations to fund road resurfacing and road reconstruction works which improved the condition of roads in poor condition, resulting in improved road safety outcomes. The projects chosen for completion using R2R funding in 2024-25 are stabilisation and resealing of Darville Road, Frogmore Road, Kingswood Road and Fourth Road.
Financial Implications
There are no financial implications for Council associated with this report nor the acceptance of R2R funding, because Council does not have to co-contribute any funds to receive the R2R Grant funding.
Risk Implications
There are no risk implications to accepting the R2R Grant funding. The delivery of the projects and expenditure, will be in accordance with the R2R funding framework and Council’s procurement standards.
Conclusion
The funding offered under the 2024-29 Roads to Recovery Grant program is significant and noteworthy. It is recommended that Council accept the R2R grant funding offered.
That:
1. The information contained in the report on Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 be received.
2. Council accept the allocation of $13,396,064 from the Australian Government under the Roads to Recovery Program over the 1 July 2024 to 30 June 2029 funding period.
3. Council write to the Federal Members and Federal Government, formally thanking them for the generous allocation of additional funding under the 2024-29 Roads to Recovery Program.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
12 |
Model Code of Meeting Practice - Councillor Attendance at Public Meetings |
|
Compiled by: Avanthi Fernando, Governance Officer
Stuart Benzie, Governance Coordinator
Authorised by: Adam Beggs, Head of Governance
Outcome |
We have open and collaborative leadership |
Strategy |
Corporate Enablers |
Principal Activity |
Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making |
Previous Items: 18-
Meeting Procedures-Councillor Attendance at Public
Meetings- Ordinary Meeting- 24 Jun 2024 7:00PM
Executive Summary
Upon request made by Councillor Ross Fowler OAM, a report was brought before Council in June in relation to the meeting procedures and Councillor attendance at public Council meetings. The report detailed Councillors’ current attendance, the legislative requirements for amendments being made to the Code of Meeting Practice (Code) and options available for Council to consider with a preferred option (option no.4) to amend the Code on remote attendance.
At the meeting it was resolved that amendments as suggested under option 4 to be inserted and the draft Code to be placed on public exhibition for 28 days and to provide members of the community at least 42 days to comment. This period of exhibition has now concluded with no feedback being received.
This report outlines the amendments made to clauses 5.18 - 5.21 of the Code under option 4 and recommends that Council adopt the Code with amendments at tonight’s meeting. It is also recommended that Council authorise the General Manager to make minor administrative amendments to the Code when and where required.
Background
Following a review of the Model Code of Meeting Practice in late 2021, the Office of Local Government (OLG) advised councils of a revised Model Code. The new Model Code among other provisions, provided for non-mandatory provisions that councils could determine to include in their Code which allowed for individual Councillors to attend meetings remotely. Council reviewed the Model Code and adopted its Code on 27 June 2022. The Council’s Code contained provisions that allow the attendance of Councillors at public meetings by audio-visual link with a standing approval.
Current Situation
A report was brought before Council in June as a response to a request made by Councillor Ross Fowler OAM in relation to the meeting procedures and Councillor attendance at public Council meetings. This report detailed Councillors’ current attendance, the legislative requirements for amendments being made to the Code and options available for Council to consider with a preferred option (option no.4) to amend the Code on remote attendance.
Out of the 4 options listed as available for Councillor consideration, it was suggested that Councillors consider option 4 i.e., provisions to be inserted that outline criteria for remote attendance and that Councillors are required to seek approval from the General Manager providing reasons for the requirement to attend remotely. The General Manager would then consider this in accordance with the Code. It was also suggested a statement be included in the Code indicating that Councillors should attend public meetings where possible in person.
As resolved at the June Ordinary meeting, the draft Code with amendments under option 4 was placed on public exhibition for 28 days to provide members of the community at least 42 days to comment. This period of exhibition has now concluded with no feedback being received.
The following amendments were made to clauses 5.18 - 5.21 of the Code as suggested under option 4.
Attendance by councillors at meetings by audio-visual link
5.18 As required by clause 5.1, Councillors must make reasonable efforts to attend meetings of the council and of committees of the council of which they are members. However, where practicable all meetings will be held enabling audio-visual link attendance as permitted under this Code.
5.19 Councillors may attend and participate in meetings by audiovisual link if they are unable to attend in person. Attendance and participation by audiovisual link at meetings of the Council and Committees of the Council (of which all Councillors are members) may only occur in extenuating circumstances and with the prior approval of the General Manager. Extenuating circumstances might include for example, health and medical reasons, care giving, travel, attendance at funerals, and other family emergencies.
5.20 A request by a Councillor to attend by audiovisual link may include more than one meeting. Where a Councillor requests approval to attend more than one meeting by audiovisual link, the request must specify the meetings the request relates to in addition to the information required under clause 5.19.
5.21 A decision whether to approve a Councillor’s request to attend a meeting by audiovisual link is at the discretion of the General Manager and is to be made in good faith under clause 5.19.
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
While encouraging Councillors to make reasonable efforts to attend Council meetings in person, the option of remote or hybrid attendance to Council meetings is also available to Councillors in certain circumstances with the approval of the General Manager. This is to facilitate greater inclusion and diversity in civic participation, by making the role of Councillor more accessible to people with work, disability and caring obligations.
It is recommended that Council adopt the attached Code of Meeting Practice with amendments made to clauses 5.18 - 5.21 of the Code at tonight’s meeting. It is also recommended that Council authorise the General Manager to make minor administrative amendments to the Code when and where required.
That:
1. The information contained in the report on Model Code of Meeting Practice - Councillor Attendance at Public Meetings be received.
2. The attached draft Code of Meeting Practice with amendments made to clauses 5.18 - 5.21 be adopted.
3. Council authorise the General Manager to make minor administrative amendments to the Code when and where required.
ATTACHMENTS/APPENDICES
1. ⇩
|
Code of Meeting Practice |
41 Pages |
Attachments Included |
13 |
Acceptance of Grant Funding - Natural Disaster Relief Assistance |
|
Compiled by: Anne Richardson, Head of Strategic Asset Management
Authorised by: Adam Wilkinson, Director Asset Services
Outcome |
We have open and collaborative leadership |
Strategy |
Plan for and manage City resources for current and future generations |
Principal Activity |
Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs |
Executive Summary
This report recommends that Council accepts the total allocation of $1,089,876 ($861,440.25 + $228,435.75) grant funding from NSW Public Works for flood recovery works at Penrith Weir and Blaxland Crossing Reserve, Wallacia.
Background
Flooding of the Nepean River during the March 2022 flood event caused significant structural damage and movement to the pedestrian bridge over Peachtree Creek near the Penrith Weir. In addition, landslips occurred along the lower Great River Walk pathway between the rowers jetty and Cassola Pl, requiring debris removal and stabilisation of the pathway to be repaired.
At Blaxland Crossing Reserve, Wallacia, a large pipe and headwall structure draining water from the nearby council road has been damaged due to erosion of the surrounding earth from both overland flow and flood waters of the Nepean River.
Having completed the design work to repair damage at both of these locations, Council applied to NSW Public Works for grant funding under the Disaster Relief Assistance Program to complete the works. Council were informed in April 2024 that the application was successful. NSW Public works have assessed the value of eligible works to be $1,148,587 for Weir Reserve and $304,581 for Blaxland Crossing, however Council is required to make a co-contribution of 25% of the eligible costs.
This results in NSW Public Works offering Council an allocation of $861,440.25 for repair of the Great River Walk, and an allocation of $228,435.75 for repair of the damaged stormwater pipe at Blaxland Crossing. Total allocation from Public Works is $1,089,876, with Council’s 25% contribution being funded through existing budgets.
Current Situation
Following significant flood events recently, The Great River Walk has closed between Cassola Pl and the Weir reserve due to damage. The continued closure is frustrating for users, and the barriers are regularly removed by members of the public. The footpath and associated infrastructure requires repair prior to re-opening to the public.
In addition, as a result of the floods, the stormwater outlet at Blaxland Crossing remains damaged, and will continue to contribute to further erosion until it is repaired.
Financial Implications
Grant funding conditions, under the Disaster Relief Assistance Program, requires Council to co-contribute 25% of the actual cost of all flood recovery works associated with the March 2022 flood.
The 25% co-contribution for the Weir Reserve and Great River Walk works is $287,146.75. It is intended to fund this co-contribution to the project by deferring two path projects, Coonawarra Drive shared path ($130K) and Bennett Road Reserve shared path ($81K) from the 2024-25 program until 2025-26, as well as reallocating all other 2024-25 path funds not allocated to a specific location, to the co-contribution.
The 25% co-contribution for the repair of the stormwater outlet at Wallacia Caravan Park is $76,145.25 . An application will be made to the Stormwater Reserve fund for funding this 25% co-contribution. Alternatively, if this application is unsuccessful, a drainage project will be deferred from the 2024-25 Drainage Renewal budget to fund the co-contribution.
Risk Implications
The Grant funding available from PWA is capped at 75% of the assessed value of eligible works made by PWA. Any cost overruns during construction will not be eligible for increased funding unless they are caused by unforeseeable circumstances which Council could not reasonably have predicted. If any cost overruns occur, Council will have to fund these.
Conclusion
It is recommended that Council accept the offer of 75% funding from NSW Public Works for the flood damage repair works. It is also recommended that Council co-fund (25%) of the assessed value of eligible works made by PWA.
Unfortunately, until these works can be completed, the Weir Reserve Bridge and Great River Walk will remain closed to the public. Furthermore, the flood damage repairs of the Wallacia Caravan Park stormwater outlet, are essential to protect the asset and the river bank stability.
That:
1. The information contained in the report on Acceptance of Grant Funding - Natural Disaster Relief Assistance be received.
2. Council accept the total allocation of $1,089,876 ($861,440.25 + $228,435.75) from NSW Public Works.
3. Council fund the 25% co-contribution cost of $363,292 to complete the repairs.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
14 |
PWA funded St Marys Flood Levee Repair and Maintenance Project |
|
Compiled by: Anne Richardson, Head of Strategic Asset Management
Authorised by: Adam Wilkinson, Director Asset Services
Outcome |
We have open and collaborative leadership |
Strategy |
Plan for and manage City resources for current and future generations |
Principal Activity |
Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs |
Executive Summary
Following the recent 2022 floods, the Public Works Authority (PWA) have undertaken a project to assess all Urban Levees in NSW. As a result, Public Works Authority are offering to allocate $1,071,225 to complete a repair program to the St Marys Levee Bank on behalf of Penrith City Council. The report recommends that Council accept the offer.
Background
Following the flooding that occurred in 2022, PWA have undertaken a statewide survey of all urban levee banks. This survey noted any defects on the levee banks, and subsequently listed and recommended repairs. Following the completion of the survey, PWA have offered to allocate $1,071,225 to undertake repairs to defects they have rated as unacceptable threats on the existing St Marys Levee Bank. The majority of the defects identified relate to vegetation removal, as it is not good practice to have vegetation growing on a levee bank. Additionally, four locations were identified where rutting or depressions deeper than 100mm were identified, which are proposed to be filled. Completion of the works would be managed by PWA .
Current Situation
As a separate project, Council has engaged a consultant to design an upgrade to the St Marys Levee which includes raising the height of the levee along its length, and installation of a flood gate to prevent backwater flow. These works were identified in the South Creek Flood Risk Management Study and Plan. This project is estimated to cost in excess of $8M, and Council will be unable to proceed without grant funding at this point in time.
The works proposed by PWA are essentially maintenance activities, and do not in any way detract from the future ability of Council to complete the upgrade project. Removal of vegetation would be one of the first steps required to complete the levee upgrade project. The works are therefore of benefit to Council, and will help towards the eventual completion of the levee upgrade project.
Financial Implications
No council funding is required to be allocated to the repairs of the Levee, however once the identified repairs are completed, Council should commit to undertaking a biannual maintenance regime to remove any newly emerging vegetation, and to check for any normal defects such as animal burrows, or wear caused by vehicles crossing the levee. Council does not currently maintain the majority of the levee bank due to the location being mainly on Crown land which is leased to tenants. This scheduled maintenance activity would therefore need to be funded, at a point in the future, as a new maintenance activity by Council.
Risk Implications
Acceptance of the offer from PWA to undertake the works does not cause any risk to Council, as Council is not required to contribute any funding towards the repairs. The works themselves will be overseen and authorised by PWA.
Conclusion
The maintenance of the St Marys Levee is important for flood mitigation. The allocation of PWA funding is most welcomed. It is recommended therefore that Council accept the funding and offer from PWA to undertaking the proposed repair works to St Marys Levee on behalf of Council.
That:
1. The information contained in the report on PWA funded St Marys Flood Levee Repair and Maintenance Project be received.
2. Council accept the offer from PWA to complete repairs to the St Marys Levee up to a value of $1,071,225.
3. Council write to PWA thanking them for the offer to undertake repairs to the St Marys Levee.
ATTACHMENTS/APPENDICES
There are no attachments for this report.
DELIVERY PROGRAM REPORTS
CONTENTS
Pecuniary Interests
Other Interests
Monday August 12 2024
Item Page
1 Presence of the Public 1
2 Crown Land Manager Relinquishment 2
3 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management 2
LATE REPORT
4 Council as Crown Land Manager - Lease Negotiations - 143 Station Street Penrith 2
(Report to be distributed separately)
Ordinary Meeting 12 August 2024
1 Presence of the Public
Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.
A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:
(a) the discussion of any of the matters listed below; or
(b) the receipt or discussion of any of the information so listed.
The matters and information are the following:
(a) personnel matters concerning particular individuals;
(b) the personal hardship of any resident or ratepayers;
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;
(d) commercial information of a confidential nature that would, if disclosed:
· prejudice the commercial position of the person who supplied it; or
· confer a commercial advantage on a competitor of the Council; or
· reveal a trade secret.
(e) information that would, if disclosed, prejudice the maintenance of the law;
(f) matters affecting the security of the Council, Councillors, Council staff or Council property;
(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.
The grounds must specify the following:
(a) the relevant provision of section 10A(2);
(b) the matter that is to be discussed during the closed part of the meeting;
(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public
The process which should be followed is:
· a motion, based on the recommendation below, is moved and seconded
· the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public
· if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.
· if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.
The first action is for a motion to be moved and seconded based on the recommendation below.
RECOMMENDATION
That:
Outcome 5
2 Crown Land Manager Relinquishment
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
4 Council as Crown Land Manager - Lease Negotiations - 143 Station Street 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 discussion of the matter in open meeting would be, on balance, contrary to the public interest.
ATTACHMENTS
Date of Meeting: Monday 12 August 2024
Report Title: The Quarter Penrith Health and Education Precinct - Terms of Reference and Heads of Agreement
Attachments: Draft Charter and Terms of Reference
Draft Heads of Agreement
ATTACHMENTS
Date of Meeting: Monday 12 August 2024
Report Title: Fire Safety Update
Attachments: Fire NSW Inspection Report at 240-250 Great Western Highway Kingswood
Fire NSW Inspection Report at 2115 Castlereagh Road Penrith
Fire NSW Inspection Report at 481-483 High Street Penrith
Fire NSW Inspection Report at 98-116 Lakeside Parade Jordan Springs
Fire NSW Inspection Report at 69 Lakeside Parade Jordan Springs
Attachment 1 - Fire NSW Inspection Report at 240-250 Great Western Highway Kingswood
Attachment 2 - Fire NSW Inspection Report at 2115 Castlereagh Road Penrith
Attachment 3 - Fire NSW Inspection Report at 481-483 High Street Penrith
Attachment 4 - Fire NSW Inspection Report at 98-116 Lakeside Parade Jordan Springs
Attachment 5 - Fire NSW Inspection Report at 69 Lakeside Parade Jordan Springs
ATTACHMENTS
Date of Meeting: Monday 12 August 2024
Report Title: Model Code of Meeting Practice - Councillor Attendance at Public Meetings
Attachments: Code of Meeting Practice
ATTACHMENT
Date of Meeting: 12 August 2024
Delivery Program: Outcome 5
Service: Financial Services
Report Title: 2024 - 2025 Voted Works