Council Meeting

 Wednesday, 20 March 2019

 at 6:30pm

 

Cumberland Council Chambers

 

Councillor Contact Details

 

 

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Greg Cummings (Mayor)	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Ross Grove	0418 987 241	Ross.Grove@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Ned Attie	0419 583 254	Ned.Attie@cumberland.nsw.gov.au
Clr George Campbell	0409 233 315	George.Campbell@cumberland.nsw.gov.au
Clr Kun Huang	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore (Deputy Mayor)	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0449 008 888	Tom.Zreika@cumberland.nsw.gov.au
Wentworthville Ward
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

 

 

 

 

For  information  on  Council  services  and facilities  please  visit   www.cumberland.nsw.gov.au

 

 20 March 2019

1    Opening Prayer / Acknowledgement of Country / National Anthem

2    Notice of Live Streaming of Council meeting

3    Apologies

4    Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

5    Confirmation of Previous Minutes

C03/19-28      Minutes of the Ordinary Meeting of Council - 06 March 2019 5 

6    Mayoral Minutes

Nil 

7    Public Forum / Invited Speakers

8    Items Resolved by Exception

9    Reports to Council

      General Manager

Nil

      Director People & Performance

Nil

      Director Finance & Governance

C03/19-29      Investment Report - February 2019.................................. 17

C03/19-30      Pendle Hill Commuter Car Park........................................ 39

C03/19-31      Adoption of New Model Code of Conduct & Procedures for the Administration of the Code of Conduct........................ 43

C03/19-32      Outstanding Construction Bonds By Suburb.................... 137

      Director Community Development

Nil

      Director Environment & Planning

C03/19-33      Road Naming for two new streets in proposed subdivision, Lot 12 DP1175686, Palmer Street, Guildford West.......... 141

C03/19-34      Cumberland Heritage Committee - Minutes of meeting held 12 February 2019, Related Cumberland Local Heritage Rebate Program and Cumberland Local Heritage Awards Program for 2019, Related Motions................................ 153

      Director Works & Infrastructure

C03/19-35      Draft Prospect Hill Plan of Management.......................... 207

C03/19-36      Tender Evaluation Report - Mona Park Changerooms Upgrade........................................................................ 387

C03/19-37      Parking Fine Concessions.............................................. 391

C03/19-38      Tendering Exemption - RPS Group Pty Ltd - Merrylands CBD Culvert Upgrade Project................................................. 395

10  Reports from Committees

Nil

11  Motions pursuant to Notice

C03/19-39      Notice of Motion - Staff Allocations and Resources - Street and Town Centre Cleaning............................................. 399

12  Notices of Rescission

Nil

13  Questions on Notice

Nil

14  Presentation of Petitions

Nil 

15  Closed Session Reports

Nil

 

             

20 March 2019

 

 

Item No: C03/19-28

Minutes of the Ordinary Meeting of Council - 06 March 2019

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

  

 

 

Recommendation   That Council confirm the minutes of the Ordinary Meeting of Council held on 6 March 2019.

 

1.     Draft Minutes - 6 March 2019 ⇩  

 

Attachment 1

Draft Minutes - 6 March 2019

 20 March 2019

 

 

 

 

 

 

 

20 March 2019

 

 

 

Item No: C03/19-29

Investment Report - February 2019

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              A-05-01/05

Community Strategic Plan Goal:  A resilient built environment  

 

 

This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 28 February 2019.

 

Recommendation That the report be received.

 

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 28 February 2019 and an update of the investment environment.

 

Council Investments as at 28 February 2019

 

Council’s investment portfolio has a current market value of $141,359,693. This represents a premium of $1,168,137 above the face value of the portfolio being $140,191,555 and generates a 2.92% average purchase yield. The following table reflects Council’s holding in various investment categories.

 

 

Investment Portfolio Performance

 

The investment returns for the month year-to-date of 28 February 2019 outperformed the current month benchmark and exceeded the Year to date benchmark.

 

Performance – Current Month 28 February 2019

 

For the month of February, Council‘s portfolio generated interest earnings of $310,230. This is $45,867 lower than the budget of $356,097 and outperformed the AusBond Bank Bill Index by 1.65%, as detailed below:-

 

 

Performance – Year to date 28 February 2019

 

For the year to date, Council‘s portfolio generated interest earnings of $2,767,305 This is $81,472 lower than the budget of $2,848,777 and outperformed the AusBond Bank Bill Index by 0.80%, as per below:-

There are no consultation processes for Council associated with this report.

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

To manage risk, key criteria are incorporated into Cumberland Council’s investment making decisions, as detailed below:-

Preservation of Capital

The requirement for preventing losses in the total value of an investment portfolio’s total value (considering the time value of money).

Diversification

Setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk.

 

 

Credit risk

The risk that an investment of Council fails to pay the interest and/or repay the principal of an investment.

Maturity risk

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

Council hereby certifies that the investments listed above have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

1.     Investment Summary Report February 2019 ⇩

2.     Economic and Investment Portfolio Commentary February 2019 ⇩  

 

Attachment 1

Investment Summary Report February 2019

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Economic and Investment Portfolio Commentary February 2019

 20 March 2019

 

20 March 2019

 

 

 

Item No: C03/19-30

Pendle Hill Commuter Car Park

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              HC-25-05-4/03

Community Strategic Plan Goal:  A great place to live  

 

 

Council has been working with Transport for NSW (TfNSW) and key stakeholders involved in developing a new commuter car park in Pendle Hill, adjacent to Civic Park, as per Council Resolution (Min. 101, Item 071/16). 

 

Recommendation That Council: 1.     Note this report; and 2.     Continue to liaise with Transport for NSW to identify a suitable location for a commuter car park in the Pendle Hill area.

 

Since the Ordinary Meeting of Council on 3 August 2016, Council has been working with TfNSW and key stakeholders on the options around the location, design and operational impacts of the proposed multi-level commuter car park in the car park on Billabong Street, Pendle Hill. Below is the resolution of that Meeting.

 

Min. 101 ITEM 071/16 – PENDLE HILL STATION AND MERRYLANDS STATION

RAIL PROPOSED COMMUTER CARPARK UPGRADES

 

i)        That Council provide ‘in principle’ support to the proposal submitted by TfNSW for commuter car parking in Pendle Hill, subject to receiving legal advice, and to the following matters being resolved:

1.      The termination of any agreement over the land at Lots 34 and 35 DP 13009 for use at the community centre.

2.      An application to the Minister requesting Council to enter into a lease with TfNSW over the land required for the proposed commuter car park up to 99 years.

3.      Determination of a value for 18 Billabong Street, Pendle Hill to be incorporated as part of the proposal for the expansion of the commuter car park at Pendle Hill.

4.      That Council make representation to the State Government to fulfil its election commitment of an additional 130 car park spaces at Pendle Hill.

Over the past two years, in conjunction with TfNSW, Council has been in consultation with Cassia, who occupy the community centre regarding a proposal to relocate Cassia from their current premises at 18 Billabong Street, Pendle Hill, both temporarily and permanently.

Upon review of some of the concept designs for the proposed multi-level car park and community centre, Council considered that the site of the existing on-grade car park near Civic Park was not the ideal location for a structure of this nature.

As a result, Council requested TfNSW to undertake a more detailed and specific community consultation process to better inform the project of the demand for a commuter car park in this location.  This request included consultation with commuters in the neighbouring areas of Toongabbie, Girraween and Wentworthville, all of whom may be expected to use a commuter car park in Pendle Hill.  TfNSW, at this point in this project, advised that they are not resourced or prepared to undertake this more detailed market analysis for the project.

Council officers have engaged with TfNSW to make recommendations for other non-Council owned sites in the vicinity, but TfNSW have limited budget for any land transactions as their commuter car park strategy is dependent on land being made available for infrastructure “free of charge” by other government agencies.

Council management and TfNSW continue to look at other suitable sites within the LGA which could be suitable for commuter car parking stations for partnering for development and operations.

Over the past two years, Council has met with Cassia, Local Ward Councillors and State MP’s on several occasions to work through the most suitable plans for a car park in Pendle Hill which also involves the relocation of Cassia’s operations.

In October 2018, following a briefing of Councillors it was  requested that TfNSW conduct a more comprehensive and detailed community consultation and engagement process to understand the supply and demand of commuter car parking in the region surrounding Pendle Hill. TfNSW consider that their previous demand studies from 2016 remained valid, and are not prepared to undertake, at their cost, further consultation and engagement either within or around Pendle Hill.

Council will continue to engage and consult with TfNSW and the community to explore new opportunities across the LGA for commuter car parking.

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

A decision by TfNSW to abandon their plans for a commuter car park in Pendle Hill is likely to result in additional unmet car parking demand in the area and surrounding railway stations of the LGA.

That being said, there is some concern from Council that the visual impact of a multi-level commuter car park on the edge of Civic Park in Pendle Hill is unacceptable.

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

TfNSW have declined Council’s request to undertake more in-depth analysis, demand studies and community engagement and consultation on the proposed commuter car park in Pendle Hill.

Council considers that the proposed multi-level commuter car park at the proposed site in Billabong Street, Pendle Hill adjacent to Civic Park is not the most appropriate location for such a structure.

Therefore, Council is unable to proceed with the resolution of 3 August 2016 but can continue to make representation to TfNSW for additional commuter parking.

 

Nil

 

20 March 2019

 

 

 

Item No: C03/19-31

Adoption of New Model Code of Conduct & Procedures for the Administration of the Code of Conduct

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              HC-06-06-2/04

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report recommends that Council adopt the newly released Model Code of Conduct and Procedures for the Administration of the Code of Conduct, as prescribed on 14 December 2018.

 

Recommendation That Council adopt the new Model Code of Conduct and Procedures for the Administration of the Code of Conduct as attached to this report.

 

The Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct (Model Code Procedures) are prescribed under section 440 and 440AA of the Local Government Act 1993.

The 2018 Model Code of Conduct and Model Code Procedures were prescribed on 14 December 2018. Councils are required to adopt the new Model Code of Conduct and Model Code Procedures within 6 months of prescription. Therefore, Council’s adoption of these documents is required by 14 June 2019.

Key changes to the new Model Code of Conduct include:

·    Incorporation of the pecuniary interest provisions previously contained in the Local Government Act 1993 and Regulation.

·    New standards relating to discrimination and harassment, bullying, work health and safety, behaviour at meetings, access to information and maintenance of council records.

·    New rules governing the acceptance of gifts including mandatory reporting.

·    A new ongoing disclosure requirement for councillors and designated persons requiring disclosure of new interests in returns of interests within three months of becoming aware of them.

·    Councillors will be required to disclose in their returns of interests whether they are a property developer or a close associate of a property developer.

A Councillor workshop was held on 13 February 2019 in relation to the new Model Code of Conduct, outlining all key changes.

A copy of the prescribed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct in the Cumberland Council Policy template are attached to this report. These versions are unchanged to the content contained in the Office of Local Government document. These documents are in Council’s template for the purposes of Policy management protocols and consistency.

Training sessions for all Council Officials on the new Model Code of Conduct will be conducted in 2019, after the Model Code of Conduct and Model Code Procedures are adopted.

As Council is adopting the Model Code of Conduct and the Procedures for Administration of the Code of Conduct as prescribed and with unchanged content to the versions published on the Office of Local Government website, there are no consultation processes for Council associated with this report.

Adoption of the newly prescribed Model Code of Conduct and Model Code Procedures will rescind the previously adopted versions, which were based on the Office of Local Government - Model Code of Conduct and Model Code Procedures of 2013.

Adoption of the newly prescribed Model Code of Conduct and Model Code Procedures will ensure Council is complying with the Local Government Act 1993, as the new Code of Conduct must be adopted by Council by 14 June 2019.

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

The new Model Code of Conduct and Procedures for the Administration of the Code of Conduct were prescribed on 14 December 2018. Councils are required to adopt these documents by 14 June 2019. It is recommended that Council endorse these key documents.

 

1.     Model Code of Conduct ⇩

2.     Procedures for the Administration of the Model Code of Conduct ⇩  

 

Attachment 1

Model Code of Conduct

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Procedures for the Administration of the Model Code of Conduct

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20 March 2019

 

 

 

Item No: C03/19-32

Outstanding Construction Bonds By Suburb

Responsible Division:                  Finance & Governance

Officer:                                      Director Finance & Governance

File Number:                              HC-12-01

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

At the Council Meeting of 6 February 2019, Council considered Item No: C02/19-6, Adoption of Construction Bonds Management Policy - Post Exhibition, and resolved as follows:

“That Council adopt the Construction Bonds Management Policy as outlined in Attachment 1 of this report subject to the following:

1. Amend point 3 on page 3 of the Policy to add the words “in the general area in which the bonds were collected.

2. That a further report be provided to Council which outlines the unclaimed bond sums received from each suburb.”

This report provides a table of information by suburb on the unclaimed construction bonds.

 

Recommendation That Council receive this report.

 

The below table provides a summary of the 6,285 construction bonds that are recorded as paid and currently outstanding.

The $16.7m in outstanding bonds includes all bonds; the value of bonds from 2014 to 2019 is $10.3m, the balance for the period 2011 to 2013 is $1.1m and the remaining balance of 7 years old is $5.3m.

Council is currently advertising the 7 year old bonds from 1991 to 2010, as per Section 2 of the Construction Bonds Management Policy.

 

 

There are no consultation processes for Council associated with this report.

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

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

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

This report provides information to Council which outlines the unclaimed bond sums received from each suburb.

 

Nil

 

20 March 2019

 

 

 

Item No: C03/19-33

Road Naming for two new streets in proposed subdivision, Lot 12 DP1175686, Palmer Street, Guildford West.

Responsible Division:                  Environment & Planning

Officer:                                      Director Environment & Planning

File Number:                              2017/52/1

Community Strategic Plan Goal:  A resilient built environment  

 

 

This report seeks Council approval to place on public exhibition proposed names for two new roads that will be constructed as part of the subdivision of Lot 12 DP 1175686. This lot is bounded by Albert, Palmer and Frank Streets, Guildford West.

 

Recommendation That Council: 1.     Endorse the proposed preferred names of Cottage Circuit (New Road 1) and Basin Parkway (New Road 2), together with the alternative road names for both roads, for public exhibition; and 2.     Proceed with finalisation of these preferred road names with the NSW Geographical Names Board (GNB) following public exhibition, subject to no objections being received. If objections are received, a further report will be provided to Council.

 

A new residential subdivision is in progress at Lot 12 DP 1175686, Palmer Street, West Guildford (refer to Figure 1). The site originally formed part of the Guildford Pipehead water supply facility but was identified as surplus to requirements. As a result, the subject lot was rezoned for residential development. The residential subdivision includes two new roads that require naming. Council has the responsibility for nominating names for new roads within the Cumberland Local Government Area.

    

Figure 1: Location of Lot 12 DP 1175686                 Figure 2: Proposed new roads – Lot 12 DP 1175686

Proposed Road Names

New Road 1

The street suffix ‘Circuit’ has been chosen as New Road 1 forms a loop or circuit from Palmer Street. The preferred name for New Road 1 is:

 

·        Cottage Circuit – proposed in recognition of the workers cottages which were constructed in the late 1800s and early 1900s to support the Pipehead operations. The Headworks Engineers Residence cottage, constructed circa 1913, is still standing and fronts Parkes Street. This name has a historical relationship to the Guildford Pipehead Facility.

 

The alternative names proposed for New Road 1 are:

 

·        Banani Circuit – name put forward by the applicant. The word ‘Banani’ is of Indian origin and means ‘Evergreen Forest’. The applicant justifies the use of this name as the final development will be surrounded by green trees, shrubs, panoramic landscaping and an existing canal which will create an environment similar to a green forest.

 

·        Headworks Circuit – proposed in recognition that the Pipehead facility is the Headquarters for the Water Board's former Headworks organisation for the supply of bulk water to Sydney and includes a wide range of buildings and ancillary structures to facilitate this purpose. This name has a historical relationship to the Guildford Pipehead Facility.

New Road 2

The street suffix ‘Parkway’ has been chosen as New Road 2 will have a plantation of trees on either side. The preferred name for New Road 2 is:

 

·        Basin Parkway - proposed in recognition of the basin that the Lower Canal flowed into. This was a key component of Pipehead Deck. This name has a historical relationship to the Guildford Pipehead Facility.

 

The alternative names proposed for New Road 2 are:

 

·        Gulshan Parkway – the word Gulshan is of Iranian origin and means ‘Garden’. The applicant justifies the use of the name that the future development will give the vibe of passing through a beautiful garden.

 

·        Shapla Parkway - the word ‘Shapla’ is of Iranian origin and means Beautiful and very quiet. The applicant justifies the use of the as the New Road 2 is small, beautiful with trees on both the sides and would be silent and calm in future owing to short length of the road.

The applicant put forward the following names for the proposed new roads:

 

·    New Road 1 – Banani, Busundhara or Motijheel Circuit

 

·    New Road 2 – Gulshan or Shapla Parkway

 

These names have not been considered as preferred road names as they do not have a historical relationship to the site. Banani, Gulshan and Shapla have been included as alternative names. Busundhara and Motijheel were not considered as alternative road names either road as they are both difficult to pronounce, and there were already sufficient alternatives.

 

Other Road Names Considered

The following road names were also considered due to their historical relationship to the site. However they were not supported by the GNB:

·    Canal Circuit – not supported as there is a Canal Road located approximately 1.3km away in the suburb of Greystanes.

·    Pipeline Parkway – not supported as it is too similar to the existing Pipehead Crescent which is located within the same development less than 1km away. 

·    Reservoir Parkway – not supported as it is a duplication with Reservoir Road located approximately 6km away in the suburb of Prospect.

Geographical Names Board

The proposed and alternative road names need to meet the requirements of the NSW Geographical Names Board (GNB) and the NSW Addressing User Manual (September 2016) as part of the road naming process.

Council has contacted the GNB for preliminary advice on all the nominated road names. The GNB advises the proposed and alternative names are acceptable.

As part of the road naming process, Council will need to place the proposed and alternative names on public exhibition for four (4) weeks. The community will be invited to make submissions.

Should any submissions be received opposing the proposed and alternative names be received during the exhibition period, a report to Council addressing these submissions would be provided.

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

Any further delays to the finalisation of this road name could have adverse impacts on the ability of emergency services to attend to this location.

Upon gazettal of the road name through the NSW Geographical Names Board, street signs will need to be prepared and installed at appropriate locations.

There are no further implications associated with this report.

This report recommends Council endorse the proposed and alternative road names for public exhibition, as these have been received and are acceptable to the Geographical Names Board (GNB). The preferred names of Basin Parkway and Cottage Circuit have a historical relationship to the Guildford Pipehead Facility.

 

If there is no community objection to the names, Council officers will initiate the process to finalise the naming of the two roads for Lot 12 DP 1175686 with the GNB.

 

1.     Applicant's Proposed Street Names ⇩  

 

Attachment 1

Applicant's Proposed Street Names

 20 March 2019

 

 

 

 20 March 2019

20 March 2019

 

 

 

Item No: C03/19-34

Cumberland Heritage Committee - Minutes of meeting held 12 February 2019, Related Cumberland Local Heritage Rebate Program and Cumberland Local Heritage Awards Program for 2019, Related Motions.

Responsible Division:                  Environment & Planning

Officer:                                      Director Environment & Planning

File Number:                              SC481

Community Strategic Plan Goal:  A great place to live

 

This report presents the minutes of the Cumberland Heritage Committee meeting held on 12 February 2019.

 

The Committee made a number of suggestions and recommendations during consideration of agenda items, some of which require specific Council approval in order to proceed.

 

This report also recommends that Cumberland Local Heritage Rebate Program (Rebate Program) and the Cumberland Local Heritage Awards (Awards) are held in 2019, as recommended by the Committee. 

 

Recommendation That Council: 1.   Receive the minutes of the Cumberland Heritage Committee meeting held on 12 February 2019;   2.   Endorse the recommendation of the Cumberland Heritage Committee, as detailed in those minutes, to make minor changes to three (3) categories to the Awards;   3.   Adopt the Heritage Rebate Program Guidelines, as amended and undertake the Rebate Program in 2019 accordingly;   4.   Adopt the Heritage Awards Guidelines, as amended and, undertake the Awards in 2019 accordingly;   5.   Receive and note the motion carried by the Committee to acknowledge the excellent work of the staff involved in organising the bus and walking tour of heritage sites in Granville; and   6.   Receive and note the motion by the nominees of the Auburn Heritage Sub-Committee.

 

Committee Meeting

The first meeting of the Cumberland Heritage Committee (Committee) was held at the Merrylands Service Centre on Monday, 12 February 2019.

 

Under the Terms of Reference (ToR) for the Committee, the minutes of meetings are to be endorsed by the Meeting Convener and subsequently reported to Council to the next available Ordinary Meeting of Council. The endorsed minutes of the meeting are provided at Attachment 1.

 

Within the minutes are a number of recommendations of the Committee, which require Council resolution. These are detailed below.

 

Cumberland Local Heritage Rebate Program 2019

A report on the Rebate Program was provided to the Committee for consideration prior to, and for discussion at, the meeting of 12 February 2019 as an agenda item (Attachment 2).

 

This report, supported by the Rebate Program Guidelines, outlined the intent of the Rebate Program, and the overall process. It noted that the budget of the Rebate Program had increased from $20,000 in previous years to $50,000 as per Council’s resolution (C04/18-66) at its meeting on 18 April 2018 and allocated within the FY2019/2020 budget. The report, therefore, recommended that an amendment be made to the Rebate Program Guidelines to reflect this increased level of funding.

 

The Committee supported the intent of the Rebate Program and recommended that it be run in 2019 as per the approach outlined in the report (Attachment 2) and as per the proposed amended guidelines (Attachment 3).

 

Cumberland Local Heritage Awards Program 2019

A report on the Awards was provided to the Committee for consideration prior to, and for discussion at, the meeting of 12 February 2019 as an agenda item (Attachment 4).

 

The report proposed changes to two (2) categories, Category 5 – Writing Competition and Category 6 – School Poster Competition. The proposed changes are:

 

·        Category 5 – Writing Competition consisted of two divisions in 2018, one being for fiction and the other for non-fiction works. As no non-fiction entries were received in 2018, it was therefore recommended that both divisions be combined with participants provided the opportunity to submit either fiction or non-fiction entries.

 

·        It was proposed that the name of Category 6 – School Poster Competition be amended to Category 6 - Artwork Competition to more accurately reflect this category and to also increase the appeal of this category to both primary and high school students. It was also proposed that the scale (size) of the art entry be adjusted to encourage entries (A1 to A3). All entries received for this category in 2018 were in A3 size despite the A1 recommended size.

 

The Awards guidelines were amended to reflect these proposed changes.

 

The Committee recommended that the Awards be run in 2019 as per the approach outlined in the report (Attachment 4) and as per the proposed amended guidelines, but with the following changes:

 

·        Expand Category 2 - Restoration and Development to include adaptive reuse and make corresponding changes to the Awards guidelines and the category nomination form.

 

·        Change of the sketch for the Category 4 colouring template.

 

As per the Committee’s recommendation, these changes have been made (Refer to Attachment 5 for full details on these Awards).

 

Motions

Two (2) motions were raised at the Committee meeting and are listed as follows:

 

1)  Clr. Lake put forward a motion to acknowledge the excellent work of the staff involved in organising the bus and walking tour of heritage sites in Granville in December 2018, and this was carried by the Committee.

 

2)  Nominees of the Auburn Heritage Sub-Committee put forward a motion that a detailed report be prepared for the Old Lidcombe Police Station at 11 John Street, Lidcombe and the Old Lidcombe Post Office at 1A Taylor Street, Lidcombe to ensure the preservation of these two heritage sites, which where were noted to be under threat by neglect. The motion noted that the report should detail for each site:

 

·   What measures have been adhered to or neglected regarding heritage compliance,

 

·   How the owners have complied with conditions of any Development Application, and

 

·   What guarantees are in place to ensure future compliance and maintenance? For example, why have missing roof tiles on the old Police Station not been replaced in order to maintain and protect the structure?

The first motion is included in this resolution for consideration by Council. A report is currently being prepared by Council staff on the details outlined in the second motion.

Subject to endorsement of the Council resolution to proceed with the Awards and Rebate Program in 2019, the following engagement will be undertaken between late April 2019 and mid June 2019:

 

·        Letter notifications will be sent to owners of all heritage listed properties and properties located within heritage conservation areas across the Cumberland Local Government Area (LGA), advising them of the Rebate Program and the Awards and inviting applications and/or entries respectively.

 

·        Notices will be placed in local newspapers and on Council’s website to announce the opening of the Rebate Program and the Awards. Further information, including nomination forms for the Awards (Attachment 6) and application form for the Rebate Program (Attachment 7), will also be available from Council’s website, the Customer Service Centres at Auburn and Merrylands, and local Council libraries.

 

·        Letters will be sent to all high schools and primary schools in the Cumberland LGA to advise that the Awards are being held and inviting entries.

 

·        A media statement can be released to promote the opening of the Rebate Program and the Awards as a positive news story.

The Committee seeks to make amendments to three (3) categories under the Awards, and this has been reflected in the revised Awards Guidelines. The Guidelines for the Rebate Program have also been updated to reflect the increased level of funding from $20,000 in previous years to $50,000 in 2019 as per Council’s resolution (C04/18-66) at its meeting on 18 April 2018 and allocated within the FY2019/2020 draft budget.

There are minimal risk implications for Council associated with this report, in that the Awards and Rebate Program are existing Council commitments and included in current work programs.

Additional funding support for the administration of the Heritage Committee has been included in the FY2019/20 draft budget, aligned within Council’s resolution.

 

The total cost of all nominated prizes of the Awards and the Awards Ceremony is at $6,800. These funds have been allocated in the FY2019/20 draft budget.

 

The Rebate Program has a budget of $50,000, which has been included in the FY2019/2020 draft budget.

Whilst the Auburn Heritage Sub-Committee has yet to formally convene, the motion put forward by nominees of this sub-committee can be addressed by Council staff. However, the costs and resourcing implications of this request will be monitored so that the financial and risk implications of any such future requests can be reported accurately.

The Committee met on 12 February 2019. The recommendations of the Committee are detailed in the attached minutes and in this report.

 

1.     Minutes of the Cumberland Heritage Committee meeting of 12 February 2019 (endorsed by Convener) ⇩

2.     Cumberland Local Heritage Rebate Program - report to Cumberland Heritage Committee (for meeting of 12 February 2019) ⇩

3.     Cumberland Local Heritage Rebate Program Guidelines - proposed amendment on 12 February 2019 ⇩

4.     Cumberland Local Heritage Awards Program - report to Cumberland Heritage Committee (for meeting of 12 February 2019) ⇩

5.     Cumberland Local Heritage Awards Program Guidelines - proposed amendment on 14 February 2019 ⇩  

 

Attachment 1

Minutes of the Cumberland Heritage Comittee meeting of 12 February 2019 (endorsed by Convener)

 20 March 2019

 

 

 

 

 

 

 

 

Attachment 2

Cumberland Local Heritage Rebate Program - report to Cumberland Heritage Commitee (for meeting of 12 February 2019)

 20 March 2019

 

 

 

Attachment 3

Cumberland Local Heritage Rebate Program Guidelines - proposed amendment on 12 February 2019

 20 March 2019

 

 

 

 

Attachment 4

Cumberland Local Heritage Awards Program - report to Cumberland Heritage Committee (for meeting of 12 February 2019)

 20 March 2019

 

 

 

 

 

 

 

Attachment 5

Cumberland Local Heritage Awards Program Guidelines - proposed amendment on 14 February 2019

 20 March 2019

 

 

 

 

 

 

 

 

 20 March 2019

 

 

 

Item No: C03/19-35

Draft Prospect Hill Plan of Management

Responsible Division:                  Works & Infrastructure

Officer:                                      Director Works & Infrastructure

File Number:                              SC493

Community Strategic Plan Goal:  A great place to live  

 

 

Cumberland Council has recently completed a process to prepare a Draft Plan of Management incorporating a Landscape Masterplan, in accordance with the legislative requirements of the NSW Local Government Act (1993), for Prospect Hill in Pemulwuy.

This report details the results of submissions received during the public exhibition period and recommends the adoption of the Prospect Hill Plan of Management.

 

Recommendation That Council adopt the Prospect Hill Plan of Management incorporating the Prospect Hill Landscape Masterplan, as included in Attachment 1 and 2 of this report.

 

At the Ordinary Meeting of Council held on 21 November 2018, Council resolved to place the Draft Prospect Hill Plan of Management on public exhibition for community feedback in accordance with Section 38 of the NSW Local Government Act (1993) (Min. 353).

Council received 5 submissions during the 56 day public exhibition period. Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at this Council meeting.

A summary of all submissions received and Council’s response is outlined in Attachment 4.

 

In accordance with Attachment 4, Council has now addressed all public feedback and recommends the Prospect Hill Plan of Management as included in Attachment 1 of this report be adopted by Council.

Land Categorisation

In accordance with Section 36 of the NSW Local Government Act (1993), the community land within the open space study area has been identified as an area of cultural significance. As such this land has been categorised accordingly to reflect its cultural significance.

In accordance with the requirements of the Local Government Act (1993), the public exhibition of Draft plans of management and the undertaking of a public hearing are required to confirm the category of community land, prior to its adoption by Council.

The Draft Prospect Hill Plan of Management was placed on public exhibition for a total of 56 days which commenced on Wednesday 28 November 2018 and concluded on Tuesday 22 January 2019.

The exhibition period comprised of:

·    The 28 day period for public exhibition

·    The 14 day minimum for community response following the conclusion of public exhibition

·    An additional 14 days was also incorporated into the exhibition period to ensure sufficient opportunity for community feedback over the Christmas/ New Year holiday period.

Details of the public exhibition and public hearing were notified to the local community and stakeholders through;

·    Advertisements published in the Auburn Review on 27 November and the Parramatta Advertiser on 28 November 2018. Separately a media release was also distributed on 5 December 2018.

·    Invitations emailed to primary stakeholder contacts including Council’s Aboriginal and Torres Strait Islander Consultative Committee, the Deerubbin Local Aboriginal Land Council, the NSW Heritage Council, and the NSW Office of Environment and Heritage.

·    Notifications were also hand delivered to all residential properties and posted to all commercial premises within a 400 metre radius of the Prospect Hill open space area.

·    Council’s ‘Have Your Say’ online web page provided further information and downloadable copies of the draft plan.

All notifications invited community feedback by post, email or online. Hard copies of the Draft Plan of Management were also made available at Council’s Merrylands and Auburn Customer Service Centres, and Council’s Auburn, Granville, Greystanes, Lidcombe, Merrylands, Regents Park and Wentworthville Libraries.

Council had 315 visits to the ‘Have Your Say’ community engagement website during the public exhibition period which included 199 people who downloaded a copy of the Draft Prospect Hill Plan of Management document.

Additionally, Council appointed a consultant to preside over the public hearing, which was held from 6.00 to 7.30pm at the Merrylands Service Centre, on Friday 13 December 2018.

The public hearing was attended by ten (10) community members, two (2) Council Officers and two (2) consultants. Details of the issues raised during the public hearing are included in the consultant’s Public Hearing Report (Attachment 3).

Council’s ATSIC Committee have also been kept informed of progress at their quarterly ordinary meetings.  

Proposed Amendments

It is proposed that the Draft Landscape Masterplan which is incorporated within the Draft Prospect Hill Plan of Management is updated to reflect the alternative location of the car park and caretaker residence as detailed in the changes to the document recommendation tabled above. The revision is included in attachment 2 of this report.

There are no other significant issues that warrant modification or the re-exhibition of the Draft Prospect Hill Plan of Management.

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

Adoption of this report will ensure Council is compliant with the Local Government Act 1993.

Funding for improvement works in the Draft Prospect Hill Plan of Management Action Table will be considered in the development of Council’s future Capital Works Program.

The Prospect Hill Plan of Management has been prepared to guide the ongoing management and development of the Prospect Hill open space area.

The Draft Prospect Hill Plan of Management incorporating the Draft Prospect Hill Landscape Masterplan is now recommended for adoption by Council.

 

 

1.     Draft Prospect Hill Plan of Management ⇩

2.     Draft Prospect Hill Landscape Masterplan ⇩

3.     Public Hearing Report ⇩

4.     Summary of Submissions ⇩  

 

Attachment 1

Draft Prospect Hill Plan of Management

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 20 March 2019

 

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 2

Draft Prospect Hill Landscape Masterplan

 20 March 2019

 20 March 2019

 20 March 2019

Attachment 3

Public Hearing Report

 20 March 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 4

Summary of Submissions

 20 March 2019

 

 

 

 20 March 2019

 

 

 

Item No: C03/19-36

Tender Evaluation Report - Mona Park Changerooms Upgrade

Responsible Division:                  Works & Infrastructure

Officer:                                      Director Works & Infrastructure

File Number:                              T-2018-034

Community Strategic Plan Goal:  A great place to live  

 

 

This report outlines the outcome of the tender evaluation process for tender No. T-2018-034 for the construction of Mona Park Changerooms Upgrade and recommends that Council award the tender to Axis Constructions Pty Ltd (ABN 79 002 482 359).  

 

Recommendation That Council:   1.  Accept the Evaluation Panel’s recommendation to award the Contract for the construction of Mona Park Changerooms Upgrade to Axis Constructions Pty Ltd (ABN 79 002 482 359) in accordance with Clause 178(1)(a) of the Local Government (General) Regulation 2005, for an amount of $747,678.00 ex GST as the most advantageous and best value offer received. 2.  Delegate to the General Manager the authority to execute the contract and any associated documents.

 

 

Tender Information

 

Tender Number:	T-2018-034
Tender Title:	Mona Park Changerooms Upgrade
Advertising:	7 August to 30 August 2018

 

Background

 

This tender is for the construction of the Mona Park Changerooms Upgrade as identified in Council’s 2018/19 Capital Works Program.

 

Tender Process

 

Tenders were invited by way of public invitation.  Advertisements announcing the public invitation were placed in the Sydney Morning Herald, Auburn Review, NSW e-Tender websites on 7 August 2018 and the Parramatta Advertiser on 8 August 2018. 

 

The invitation documents called for prospective tenderers to submit lump sum tenders for an agreed scope of works to construct upgraded changing rooms at Mona Park in Auburn. 

 

A mandatory pre-tender meeting was held at the proposed work site within Mona Park on Monday, 13 August 2018 to allow tenderers to become familiar with latent site conditions and Council requirements for the work.

 

The following addendum was issued to all prospective tenderers during the invitation period.

 

·    Addendum No.1 was issued on Wednesday, 22 August 2018. The Addendum also included Minutes of the pre-tender meeting

The tender portal closed at 2pm on Thursday, 30 August, 2018. 

 

Details of Tenders Received

 

The following tenders were received:

 

Tenderer	ABN
AGM Construction Pty Ltd	75 074 512 507
Avant Constructions Pty Ltd	79 001 432 524
Axis Constructions Pty Ltd	79 002 482 359
Elite Commercial Solutions Pty Ltd	96 092 042 905
Kellyville Building Pty Ltd	57 117 300 517
MW Civil Engineering Constructions Pty Ltd	72 095 173 032
Sudiro Constructions Pty Ltd	17 002 039 330
Adaptive Pty Ltd ATF Adaptive Trust t/a Dezign	30 841 898 791
We Build Australia Pty Ltd	40 169 084 600

 

Weighted Evaluation

 

Each tender received was scored against each of the weighted evaluation criteria as stated in the tender document and agreed by the Tender Evaluation Panel. The weighted criteria included requirements to demonstrate:

 

·    Tenderer Experience

·    Tenderer Capability

·    Schedule of Program and Methodology

·    Schedule of Pricing Information

Each Tender Evaluation Panel Member assessed and evaluated each of the tenders received independently and scored these in accordance with the predetermined weightings. The individual Tender Evaluation Panel Member assessments were discussed by the panel and a consensus score was agreed for each evaluation criteria. 

 

The combined final assessment ranking is as follows:

 

Tenderer	Ranking
Axis Constructions Pty Ltd		1
Kellyville Building Pty Ltd		2
Elite Commercial Solutions Pty Ltd		3
Avant Constructions Pty Ltd		4
Sudiro Constructions Pty Ltd		5
MW Civil Engineering Constructions Pty Ltd		6
AGM Construction Pty Ltd		7
We Build Australia Pty Ltd		8
Adaptive Pty Ltd ATF Adaptive Trust t/a Design		9

Further details in relation to the Tender Evaluation Panel’s assessment is included under Attachment 1, which is included as a confidential item with this report.

The Tender Evaluation Panel concluded that the tender received from Axis Constructions Pty Ltd, which achieved the highest score, represents the best value option for Council. 

Council invited open tenders for a period of 24 days (minimum 21 days) in accordance with Clause 167 of the Local Government (General Regulation).

The tender process was undertaken in accordance with Council’s Procurement Framework and Procedures.

The 2018/19 Budget for the construction of Mona Park Changerooms Upgrade is $520,000.  The total project budget, including a construction contingency and project management costs is $795,000.  It is proposed to fund the balance of the project costs, $275,000, from the 2019/20 Capital Works Program.

This report outlines the outcome of the tender evaluation process for tender No. T-2018-034 for the construction of Mona Park Changerooms Upgrade and seeks Council endorsement and resolution to award the tender to Axis Constructions Pty Ltd.  

 

This tender for the construction of the Mona Park Changerooms Upgrade is identified in Council’s 2018/19 Capital Work Program. Tenders were invited by way of public invitation.

 

Nine tenderers submitted lump sum tenders and each tender received was scored against pre-selected weighted evaluation criteria.

The final assessment ranking of tenders resulted in Axis Constructions Pty Ltd being the preferred tenderer.

 

 

1.     Tender Evaluation Report (confidential)  

2.     Tender Evaluation Scoresheet (confidential)   

 

20 March 2019

 

 

 

Item No: C03/19-37

Parking Fine Concessions

Responsible Division:                  Works & Infrastructure

Officer:                                      Director Works & Infrastructure

File Number:                              HC-24-05-25

Community Strategic Plan Goal:  A safe accessible community  

 

 

This report provides information relating to the NSW Government’s review of parking fines and in particular, the option for Councils to now opt-in to provide parking fine concessions within the Local Government Area (LGA). This includes information provided by the Treasurer and an analysis of any financial impact on Cumberland Council, through implementation of the identified concessions.

 

Recommendation That Council write to the NSW Treasurer, advising of Council’s decision not to opt-in to reduced parking fines within the Cumberland Local Government area.

 

Background

In June 2018, the NSW Government announced plans to undertake a review of parking and other fines which included reducing the penalty amounts for a limited range of parking offences by 25%, in areas where NSW Government rangers patrol. These areas include Sydney Olympic Park, Centennial Park, Royal Botanic Gardens and Parramatta Park. At that time, interest was also sought from Council’s throughout NSW in reducing the fine amount for 10 specific offences under the Road Rules 2014, from $112 to $80.

In responding to a media enquiry relating to this matter (via the Parramatta Advertiser – 27 June 2018), Cumberland Council reiterated that the amount of each infringement notice is determined through legislation, with any change to the fine amounts being facilitated through Revenue NSW. For consistency across NSW, this is communicated by way of the Local Government Fixed Penalty Handbook. Council therefore advised that they would be guided by Revenue NSW regarding any changes to penalty amounts.

In December 2018, the NSW Treasurer (Hon Dominic Perrottet) wrote to all Councils advising that the Government had made the necessary regulatory changes to allow Councils to reduce their fines. This correspondence also identified that the list of 10 specific offences had been expanded to include 52 offences under the Road Rules 2014 and was accompanied by a request for Councils to reply by 1 January 2019, should they wish to opt-in under the new legislation. A range of subsequent dates was also presented, should Councils wish to opt-in after that time.

With a break in Council Meetings over the Christmas period, Council responded prior to the 1 January 2019 deadline advising that a report would be prepared for Council’s consideration and resolution in early 2019.

Financial Implications

In determining the potential financial implications associated with Council choosing to opt-in and subsequently reduce the listed penalty amounts from $112 to $80, a review of infringements issued during the 2017/18 financial period was undertaken. This revealed that 28% of the total infringements issued related to parking offences subject to the current initiative. The financial implication of applying a reduced fine amount to these infringements is presented below in Table 1.

Table 1 – 2017/18 Financial Year

Number of infringements issued related to the current initiative	4,210
Total value of infringements @ $112 each	$472,864
Total value of infringements @ $80 each	$337,760
Reduction in revenue	$135,104

An increase to staff resources within the Parking Patrol Team during the current operating period resulted in a projected increase in fines received for the 2018/19 financial period. A review of infringements issued at the end of Quarter 2 (July – December 2018) has therefore also been undertaken which revealed that 29% of the total infringements issued related to parking offences subject to the current initiative. The financial implication of applying a reduced fine amount to these infringements is presented below in Table 2.

Table 2 – 2018/19 Financial Year (at end of Quarter 2)

Number of infringements issued related to the current initiative	3,738
Total value of infringements @ $112 each	$418,656
Total value of infringements @ $80 each	$299,040
Reduction in revenue (based on 6 months) Reduction in revenue (based on 12 months)	$119,616 $239,232

 

Council would therefore need to consider the ongoing reduction in revenue received through parking infringements and the potential impact on services this reduction in revenue may have.

Community Interest

Correspondence from the Treasurer’s Office indicated that “broad consultation revealed overwhelming support from the community for fine reductions”. Council has only received one enquiry from the Federation of Indian Associations of NSW (FIAN), in relation to this matter. In this correspondence, FIAN has primarily related their support to an associated NSW Government initiative that commenced on 31 January 2019, under which a 10 minute grace period has been implemented for paid parking of more than 1 hour. No further justification was provided.

There are no consultation processes for Council associated with this report.

It is considered that a reduction in the penalty amount associated with some parking related offences will erode the current deterrent for motorists who choose to park illegally and also compromise programs currently aimed at improving road safety and traffic congestion.

It would also contradict the support Council’s Parking Officers receive from local businesses, in recognising that a fair and effective system of parking enforcement promotes a turnover of available parking spaces throughout Cumberland’s commercial areas and allows customers better access to those businesses. 

By not proceeding with the proposed reduction in fines, there is a potential reputational risk to Council through possible adverse media coverage.

The financial implications for Council associated with this report are detailed above. In this regard, should Council opt-in to this NSW Government initiative, it is estimated that Council will need to reduce its projected revenue from fines received for the 2019/20 financial year by approximately $250,000.

Based on the information contained in this report, it is not considered to be in Council’s best interests to opt-in to the NSW Government initiative, to reduce the penalty amount associated with the identified list of parking offences under the Road Rules 2014.

The reduction in revenue is anticipated to impact Council’s budget by approximately $250,000 (for the 2019/20 financial year) and any effort to absorb that cost may result in a reduction in services provided.

It is therefore recommended that Cumberland Council maintain status quo and advise the NSW Treasurer of this decision.

 

Nil

 

20 March 2019

 

 

 

Item No: C03/19-38

Tendering Exemption - RPS Group Pty Ltd - Merrylands CBD Culvert Upgrade Project

Responsible Division:                  Works & Infrastructure

Officer:                                      Director Works & Infrastructure

File Number:                              HC-23-06-17

Community Strategic Plan Goal:  A great place to live  

 

 

This report seeks to gain Council’s endorsement to extend the scope of works that are included in the tendering exemption provided by Council in its resolution (minute 305) to report C10/18-201 considered at the 17 October 2018 Ordinary Meeting of Council.

 

Recommendation That Council: 1.     Approve an exemption to invite Tenders in accordance with s55(3)(i) of the Local Government Act 1993, as achieving a satisfactory result by inviting tenders is considered unlikely given the existing contractor is already providing project management services to Council that are directly related to the proposed additional scope of works. 2.     Endorse the engagement of RPS Group Pty Ltd for the provision of Project Management Services for the Merrylands Neil Street precinct (HB Home Improvements), to the total maximum value of $190,800 excluding GST.

 

Council at its Ordinary meeting on 17 October 2018 considered report C10/18-201, Tendering Exemption – RPS Group Pty Ltd – Merrylands CBD Culvert Upgrade Project.  This report sought Council’s resolution to exempt the engagement of RPS Group from the Tender process and to set a budget for the exempt engagement.  Council resolved (Minute 305) as follows;

That Council:

1.  Approve an exemption to invite Tenders in accordance with s55(3)(i) of the Local Government Act 1993. As achieving a satisfactory result by inviting tenders is considered unlikely given the existing contractor is already providing project management services to Council that are directly related to the proposed additional scope of works.

2.  Endorse the engagement of RPS Group Pty Ltd for the provision of Project Management Services for the Merrylands Neil Street precinct culvert upgrade project, to the total maximum value of $244,800 excluding GST.

As indicated in the subject report the project management services to be provided by RPS Group Pty Ltd were for works on the Neil Street sites being developed by Landmark Group Pty Ltd and Dyldam Pty Ltd. At that time these sites were in active negotiation with Council or had Works in Kind Agreements active.

Subsequent to the October report discussions with the developer of the site 1-11 Neil Street, Merrylands, HB Home Improvements have occurred and now progressed to a point at which Council needs to formalise project management services for the civil works that are to occur on this site. As outlined in the previous report Council has reviewed the requirements for both of these construction projects and has determined that due to the scale and the technical requirements of the projects, it would not be feasible to burden existing Council personnel with the management of this project given existing capabilities and workloads.

In order to ensure Council has the appropriate project management controls in place, it proposed that Council endorse the direct engagement of RPS Group Pty Ltd as a single source procurement activity, for the HB Home Improvements site.

The attached proposal from RPS Group Pty Ltd exceeds the current tender thresholds and policy, however should Council choose to run a tender process for these services then it is possible that there may be interface issues between different project managers operating on the adjacent projects.

There are no consultation processes for Council associated with this report.

Section 55(3)(i) of the Local Government Act 1993 allows Councils to enter into ‘a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders’.

The current recommendation will provide oversight to the building of the stormwater culvert by Council’s preferred tenderer for its portion of the culvert construction.  RPS Group has provided project management services for the finalisation of the culverts designs, specifications and construction methodologies on behalf of Council. This involvement not only provides superior knowledge of the infrastructure, but also directs management engagement with the design engineers and public services agencies that will ensure that Council’s interests are promoted in a coordinated manner.

The proposal sought from the RPS Group has been provided on an hourly rate basis with an upper estimate value provided. This is due to the uncertainties around the project management resources required due to the timings of works on the HB Improvement site, the extent of quality assurances processes required and the stage of negotiations with Dyldam on the WIKA for their development. Whilst it is unlikely that the upper value estimate will be reached, it is a value that is in total above the tender threshold amount when considered as one package of works.

As outlined in the previous report to Council a process of comparison market prices was conducted which revealed that the submitted rates by RPS Group are at the lower end of the market spectrum.

Due to the nexus that will be achieved by the provision of the project management services by a single provider and the coordination of works on adjoining sites it is not proposed to seek additional funding from Council at this time. The Merrylands Capital Project Control Group is tasked with the oversight of the budget for the Merrylands Culvert works, which now incorporates the works in the Merrylands Neil Street precinct.  As such the Project Control Group will monitor the activities of the RPS Group.

As provided in the previous report the cost of performing these services can be funded from within the existing capital budgets.

Section 55(3)(i) of the Local Government Act 1993 allows Councils to enter into a contract without tendering when there is extenuating circumstances, or potential for uncompetitive and unreliable tenders to be submitted. Additionally, the proposal from RPS Group Pty Ltd provides the best value for money whilst mitigating all risks associated with the management of the project.

It is therefore recommended that Council endorse the attached proposal from RPS Group Pty Ltd on the basis as outlined above, as extenuating circumstances exist that would not achieve a more satisfactory result.

 

1.     Proposal From RPS Group Pty Ltd (confidential)   

 

 20 March 2019

 

 

Item No: C03/19-39

Notice of Motion - Staff Allocations and Resources - Street and Town Centre Cleaning

Councillor:                                  Ned Attie

File Number:                              SC483  

 

 

Pursuant to Notice, Councillor Attie submitted the following Motion.

 

Notice of Motion That:   1.  A report including but not limited to the following, be provided to Council regarding staff allocations and resources that are currently in use for street and town centre cleaning along with verge mowing and the general state of the LGA: a)  The number of staff Council employs to undertake the general cleaning of the LGA including any contractors used; b)  The number of teams and what area they look after including the number of streets they are responsible for; c)  The number of street sweepers council owns and where and when they are deployed including how often they are used; d)  Which town centres are cleaned and how often; e)  The cost of implementing an LGA wide verge mowing service for the community; f)   The number of staff and/or teams required to increase the current level of services to an acceptable standard; g)  Any equipment required to increase the current level of services to an acceptable standard; h)  A draft service model to evenly distribute cleaning staff and crews across the LGA; and i)   The cost implications for increasing the required resources above to meet community expectations. 2.  The report include an LGA wide total amount for the above and also have the results divided in 3 parts with respect to items 1, 2 and 3.  3.  The division of the 3 parts will be the East of the LGA from Rookwood cemetery to Duck River, the Centre of the LGA being the former Woodville Ward and the West of the LGA from the Merrylands Railway Line to Prospect Reservoir. 4.  The report not include waste collection services, that is the collection of domestic/commercial waste bins. 5.  If required, the report include staff recommendation for future expansion of the cleaning services to our town centres and wider LGA for budget purposes.

 

This report can be provided with existing Council resources. 

This report will be prepared for the 5 June 2019 Council meeting.

 

Nil