Agenda of Council Meeting

Council Meeting

17 April 2019

Item No: C04/19-57

Draft Operational Plan and Budget 2019-2020

Responsible Division: People & Performance

Officer: Director People & Performance

File Number: S-57-50

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Local Government Act 1993 requires all NSW Councils to undertake Integrated Planning and Reporting, which places an obligation on Councils to have a framework of long term planning documents based on community engagement. In June 2017, Cumberland Council adopted its first full suite of these documents which included:

· The Cumberland Community Strategic Plan 2017-27

· The Delivery Program 2017-21 and Operational Plan 2017/18

· The Resourcing Strategy

This report presents a draft of the third year of the four year Delivery Program 2017-21, and the Operational Plan 2019-2020 (see Attachment 1). This includes the principal activities Council will be undertaking through its 12 Key Service Areas, the budget, the capital works program, the rates statement, the pricing policy and the register of fees and charges (separate document as Attachment 2).

Legislation requires that this draft plan be placed on public exhibition for a period of 28 days and that all submissions from the community be taken into account during the finalisation of the plan, and final adoption by Council.

Recommendation

That Council endorse the Draft Operational Plan, Draft Fees and Charges, and Budget 2019/20 for public exhibition for a period of 28 days.

Report

Planning Framework

The Integrated Planning and Reporting legislation requires all NSW Councils to have:

· A ten year Community Strategic Plan (CSP)

· A four year Delivery Program

· An annual Operational Plan

· A Resourcing Strategy including an Asset Management Plan, a Long Term Financial Plan and a Workforce Management Plan.

In 2017, Council adopted the Cumberland Community Strategic Plan 2017-27 (CSP). This ten year plan is the community’s high-level guiding document for Council and is based on the results of an extensive community engagement project which heard the views, aspirations and opinions of approximately 2,500 Cumberland residents, businesses, community groups, visitors and other stakeholders. These results set the vision for the community: “Welcome, Belong, Succeed”, which captures the main priorities the community have for the future of Cumberland. The CSP is set around six Strategic Goals designed to help achieve the vision. Each of these six Strategic Goals have a set of outcomes and measures to help us determine if we are moving towards or away from our vision. These outcomes, along with Councillor term priorities and technical data, inform the planning of principal activities in the Delivery Program.

The four year Delivery Program and annual Operational Plan are Council’s commitment to the services and principal activities it delivers, to help the community as a whole achieve the vision.

The Delivery Program 2017-21 is communicated to the community through 12 Key Service Areas. Each of these service areas includes the annual key projects that will be delivered, a list of ongoing business activities, income and expenditure for the service and key performance indicators. The key projects relate directly to an outcome in the CSP, giving a clear line of sight from the project, up to the expected outcome, to the Strategic Goal and ultimately the vision.

Reporting Progress

The implementation of the Operational Plan 2019-2020 will be reported quarterly to Council and the community. This information will also be presented yearly in the Annual Report, providing a high level of accountability and transparency around the implementation of Council’s key planning document.

2019-2020 Focus Areas

The Draft Operational Plan 2019-2020 has been developed in reference to Councillor term priorities, the results from the community satisfaction survey, expected outcomes from the CSP, organisational priorities and financial realities.

The Draft Operational Plan 2019-2020 places a strong emphasis on raising service levels with bookings, customer service, facilities, development application processing times and cleanliness of our neighbourhoods.

The projects outlined in the Draft Operational Plan 2019-2020 respond directly to the community priorities for the future and endeavour to ensure that Cumberland is a place where people feel welcome, where everyone feels they belong, and where everyone has maximum access to services and facilities to help them succeed.

The Budget and Capital Works

· Budget surplus - $2.08m

· $46.4m in renewing infrastructure. The building and infrastructure ratio for 2019-20 is 144%

• $29m in facility renewals including $16m for pools

• $8.3m playground / parks renewal and upgrades

• $8.1m comprising of 8.9 kms roads renewals, 7.9 kms new paths and 10kms of path renewals

· $119m in cash reserves. The closing balance of working capital is forecast to be $21m.

Community Engagement

The Draft Operational Plan 2019-20 is proposed to be exhibited for 28 days from 18 April to 20 May during which time the community will be invited to provide feedback to Council on the draft plan. Council aims to extensively consult with the community during the public exhibition period and has planned:

· Online engagement activities

· Social media posts

· Council newsletters and e-newsletter

· English and Non-English newspaper advertisements

· Media Release

· Engagement at Libraries and Customer Service Centres

· Face to face engagement sessions across the LGA

· Circulation to Council’s Advisory and Consultative Committees.

Results of the engagement including reach and number of submissions will be reported to Council when the draft plan is proposed for final adoption in June 2019.

Policy Implications

The Operational Plan 2019-2020 will set the major policy direction for Cumberland Council from 1 July 2019 to 30 June 2020 once adopted by Council. This plan includes the principal activities, budget, capital works, annual charges, pricing policy, and fees and charges (separate document) for this timeframe. Major changes to these forecast activities and expenditure requires Council approval and re-exhibition to the public for 28 days.

Risk Implications

By not exhibiting the Draft Operational Plan, in accordance with the Local Government Act 1993, Council would be at risk of failing its obligations under the Integrated Planning and Reporting provisions.

Financial Implications

The attachments to this report form Council’s annual budget and other key financial plans. They set Council’s major financial goals for the 2019-2020 financial year. Activities that Council undertake during this time are required to be planned for in the budget.

CONCLUSION

The Draft Operational Plan 2019-2020 gives the community a clear picture of the principal activities Council plans to undertake during the year and how it plans to fund them. The planning of these proposed activities has been informed by community engagement, the community’s priorities from the Community Strategic Plan and elected representative priorities. It is proposed that Council engage the community extensively during the exhibition period and welcome community feedback on the draft plan. All community submissions and resulting changes to the plan will be considered and reported to Council when the document is proposed for final adoption by Council in June 2019.

Attachments

1. Fees and Charges 2019-20 with comparison ⇩

2. Draft Operational Plan 2019-2020 ⇩

Council Meeting

17 April 2019

Council Meeting

17 April 2019

Item No: C04/19-58

Legal Advice - Occupation of Buildings at Guildford Park

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-17-01-6/03

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council an update on the legal advice requested in relation to the Guildford County Soccer and Recreation Club’s occupation of the Guildford Park hall and soil shed.

Recommendation

That the report be received.

Report

At the Council Meeting of 21 February 2018, Council considered a Matter of Urgency, Min. 048, in relation to the Guildford County Soccer and Recreation Club. Council subsequently resolved:

“That Council be provided with a report on the status of the land and buildings occupied by Guildford County Soccer and Recreation Club.”

A report was then considered at the 16 May 2018 Council Meeting (Attachment 1), where Council subsequently resolved:

“That consideration of this matter be deferred subject to provision of legal advice and a further report being returned to Council.”

Land

Guildford Park is Crown Land registered as Guildford Public Recreation (R82355) Trust. The land was transferred to Council as ‘Community Land’ during the amalgamation process.

Buildings

Per Figure 1 below, there are three identified buildings on the site:

1) Soil Shed

2) Hall/Club House

3) New Guildford Pavilion, constructed in 2018 by Cumberland Council.

Figure 1: Buildings

User Group

Guildford County Soccer and Recreation Club is an Incorporated Association, which has demonstrated significant history and community benefit to the local area of Guildford. The Club has occupied the land since 1928. During this time it has invested funds and resources into the building and surrounding area to ensure the assets’ continued viability.

Existing Hall and Soil Shed

Council currently does not manage bookings or receive any fees for the hiring of the Club House. Council has been advised through discussions with the Club that this is a key revenue source for the Club. Historically, the booking of this hall has not been run by any current or former Council in recent history prior to amalgamation. The existing hall and soil shed are exclusively occupied by Guildford County Soccer and Recreation Club and are currently on holdover from an expired agreement that lapsed with the former Parramatta City Council in 2001.

Legal Advice

Updated legal advice has been sought in relation to this matter as per Attachments 2 and 3 to this report. A copy of the relevant supporting clause from the Crown Lands Management Act 2016 is also attached as Attachment 4. The summary of the legal advice is the following:

1. The land the hall and soil shed are located on is clearly Crown Land;

2. The occupier cannot make a claim for possessory title on the land, irrespective of their claim to have been gifted the building or their level of investment/upkeep of the building, as it is located on Crown Land. The latter however would be considered by Council if entering into any future agreement.

3. Ownership of the building (whether considered a temporary or permanent structure) is not considered relevant in this instance, as the ownership of the building and/or any improvements is with the Crown once the agreement ends.

4. There has been no formal agreement in place since the 10 year Lease agreement granted by the former Parramatta City Council on 24 October 1991 lapsed in December 2000. Therefore, the current arrangement is a holdover of the previous agreement, which was set at $298 per annum or 5% of gross revenue for admission charges (whichever was the greater amount). The agreement can by ceased by either party with due notice.

No rent has been paid in accordance with this expired agreement since the asset transferred to Cumberland Council.

Outgoing Costs

Council is not currently receiving any income for the hall or soil shed, however is paying for the utility bills for the hall. The electricity is separately metered with the cost being $655.04 last quarter. Under a typical Council lease agreement, the responsibility for paying electricity bills lies with the lessee. Council would seek this change be enacted in any future agreement.

Other Agreements at Guildford Park

Guildford County Soccer and Recreation Club already hire the sports grounds for winter via Council’s Sports Bookings team. During the hire period, the user has full use of the newly constructed Guildford Park Pavilion and change rooms during the days and hours specified in the agreement.

The club currently has permanent and exclusive use of the office in the new pavilion (Figure 2), with no formal instrument in place. If the club continue to require this exclusive occupation, a licence agreement would be negotiated as this arrangement does affect all other users of the new pavilion facility.

Buildings 1 and 2 are fixed to the land but do not have an agreement for the use on Crown land. Council has been liaising with the Guildford County Soccer and Recreation Club to enter an appropriate agreement to ensure long term use of the buildings is uninterrupted.

Figure 2: New Pavilion Layout

Council will continue to work with all users of Guildford Park to ensure that community benefit is realised across all tenures across the park and its associated buildings and this report outlines the relevant information for Council officers to progress this matter to finality.

Community Engagement

Any future proposed lease or licence agreement over the above facilities will be prepared to comply with the requirements of the Local Government Act 1993, including the appropriate public notification process where required.

Policy Implications

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

Risk Implications

There are risk implications associated with there being no current agreement over the hall and exclusive occupation of the office within the new pavilion. Council would seek to address this matter by granting the relevant lease or licence agreements over these facilities.

Financial Implications

Currently, Council is not receiving any rental income for the buildings exclusively occupied by Guildford County Soccer and Recreation club which are located on Council managed Crown Land.

Council is covering outgoing utility costs for these buildings. Under a typical lease agreement, any separately metered outgoing costs should be covered by the tenant and Council staff will discuss this with the club.

CONCLUSION

Council has now received the legal advice as requested. As such, Council staff can progress to discuss and finalise this matter accordingly with the Guildford County Soccer and Recreation Club, noting the significant history of their tenure and great community benefit the club provides to the community.

Attachments

1. Guildford CSRC - May 2018 Council Report ⇩

2. Guildford CRSC - May 2018 Legal Advice (confidential)

3. Guildford CRSC - March 2019 Updated Legal Advice (confidential)

4. Crown Lands Management Act 2016 - Clause 7.16 ⇩

Council Meeting

17 April 2019

Item No: C04/19-59

Draft Code Of Meeting Practice

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

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

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report outlines the changes in the recently released Model Code of Meeting Practice by the Office of Local Government. The report recommends Council place on public exhibition a revised Code of Meeting Practice incorporating these new requirements.

Recommendation

That Council:

1. Approve the Draft Code of Meeting Practice (Attachment 1) to be placed on public exhibition and submission for 42 days, as required under S.361 of the Local Government Act 1993.

2. Receive a further report outlining the submissions received during the exhibition period.

Report

The new Model Code of Meeting Practice for all NSW councils was released by the Minister for Local Government on 16 November 2018. The Office of Local Government has advised that all NSW councils will need to adopt a new Code of Meeting Practice based on the Model Code within 6 months of prescription.

The new Model Code contains mandatory provisions that all NSW councils must adopt, and a number of non-mandatory provisions that are considered best practice for meeting procedure. The non-mandatory provisions are shown in red in Attachment 1. In addition to this, additional clarifications/supplementary changes made by Council staff are denoted in blue.

Council may supplement the Model Code with additional provisions as long as these provisions are not inconsistent with the mandatory provisions of this Model Code.

Scheduling

When drafting a revised Code of Meeting Practice, Council should give consideration to meeting day, dates, frequency and meeting location. Council’s current practice is to have 2 ordinary meetings per calendar month with the exception of January where the Council is in recess. Council currently commences meetings at 6.30pm, generally on the first and third Wednesday of each month at the Merrylands Council Chamber. The Draft Code of Meeting Practice has been prepared based on current scheduling practices as contained in Councils current code.

Notices of Motions and Mayoral Minutes

The new Model Code includes non-mandatory provisions relating to identifying funding sources for motions and Mayoral Minutes that request new works and/or services. Council’s current practice is to respond to all Notices of Motion with resourcing implications through the “Resourcing Implications” and “General Manager Advice” sections on the notice of motion.

Councillor Briefings

The new Model Code contains non-mandatory provisions (Clauses 3.31-3.35) relating to Councillor briefings. Some of these clauses are recommended for adoption as they provide greater community transparency.

Public Forum

The new Model Code contains non-mandatory provisions (Clauses 4.1-4.23) relating to the Public Forum. The provisions state that Public forums should not be held as part of a Council or committee meeting, and that Council or committee meetings should be reserved for decision-making by the Council or committee of Council. Clause 4.1 states that the Public Forum be held prior to each ordinary meeting of the Council.

Council’s existing practice is to conduct public forum for 30 minutes, as part of the Council meeting, before agenda items are considered. It is considered a pertinent part of the democratic process at Cumberland Council to allocate a small part of meeting proceedings to allow the community to have their say on any matter on the public record.

Clause 4.4 also places limits on the number of items that a person may register to speak on. In the Draft Code the limit has been set to two agenda items but Council may determine another number.

Cancelling Ordinary Meetings

The new Model Code contains non-mandatory provisions (Clauses 5.13-5.14) relating to the cancelling of ordinary meetings, where it is apparent that the meeting won’t have a quorum, or where the safety of councillors, staff and public is at risk due to a natural disaster. The Mayor may, in consultation with the general manager and, as far as is practicable, with each councillor, cancel the meeting. Where a meeting is cancelled, notice of the cancellation must be published on the council’s website and in such other manner that the Council is satisfied is likely to bring notice of the cancellation to the attention of as many people as possible.

Modes of Address

The new Model Code contains non-mandatory provisions (Clauses 7.1-7.4) relating to how the Mayor, Councillors and staff are to be addressed.

Duration of Speeches

The new Model Code includes a provision that the Council may resolve to shorten the duration of speeches to expedite the consideration of business at a meeting.

Expulsion from Meetings

The new Model Code provides non-mandatory provisions relating to expelling persons from Council or Committee meetings. It is recommended that Clause 15.14 be included in Council’s Draft Code, allowing the Chairperson the authority to expel persons (other than Councillors) from Council or Committee Meetings for engaging in or having engaged in disorderly conduct at the meeting. Councillors may only be expelled by resolution of the Council or the committee of the Council.

A new mandatory provision of the Model Code requires that where a councillor or a member of the public is expelled from a meeting, the expulsion and the name of the person expelled, if known, are to be recorded in the minutes of the meeting.

Use of Mobile Phones and Other Devices

A new mandatory provision of the Model Code requires Councillors, council staff and members of the public to ensure that mobile phones are turned to silent during meetings of the Council and committees of the Council. The Model Code has also been updated to prohibit the use of live stream or an audio recorder, video camera, mobile phone or any other device to make a recording of the proceedings of a meeting of the Council or a committee of the Council without the prior authorisation of the Council or the committee.

Recommitting Resolutions to Correct an Error

The new Model Code provides non-mandatory provisions relating to recommitting resolutions to correct an error, ambiguity or voting record. The new provisions state that the Chairperson must not grant leave to recommit a resolution, unless they are satisfied that the proposed alternative wording of the resolution would not alter the substance of the resolution previously adopted at the meeting.

Matters Arising

The new Model Code has no provisions that allow for Councils to move matters arising to agenda items. The Model Code states that business cannot be considered by Council unless notice of that business has been given or a motion is moved to consider the business as a matter of urgency.

Community Engagement

Under s.361 of the Local Government Act, Council is required to publicly exhibit its Draft Code of Meeting Practice for a minimum of 28 days, with a public submission period of minimum 42 days. This notification of public consultation will occur on Council’s ‘Have Your Say’ website and in the local print media.

A workshop was conducted with Councillors on the Model Code of Meeting Practice on 13 March, 2019.

Policy Implications

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

Risk Implications

The Draft Code of Meeting Practice has been prepared to ensure Council is compliant with the Local Government Act 1993.

Financial Implications

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

CONCLUSION

Council is required to adopt the mandatory clauses in the Model Code of Meeting Practice and consider the inclusion of non-mandatory clauses. It is recommended the Draft Code of Meeting Practice be approved to be placed on public exhibition and submission for 42 days to allow for public comment.

Attachments

1. Draft Code of Meeting Practice ⇩

2. Office of Local Government - Model Code of Meeting Practice ⇩

Council Meeting

17 April 2019

Item No: C04/19-61

Quarterly Update on the Implementation of the Stronger Communities Fund

Responsible Division: Community Development

Officer: Director Community Development

File Number: T065312/2018

Community Strategic Plan Goal: A great place to live

Summary

Under the NSW Government Stronger Communities Fund, Council was provided with $15 million in funding for the benefit of the local community. Council is required to provide progress reports on the expenditure and outcomes of the Stronger Communities Fund.

This report provides a progress update on the implementation of the Stronger Communities Fund for the period of January 2019 to March 2019.

Recommendation:

That Council:

1. Note the progress on the implementation of the Stronger Communities Fund.

2. Submit a copy of this report to the Office of Local Government to meet reporting requirements under the NSW Government’s Stronger Communities Fund Guidelines.

3. Reallocate $10,417 from returned funds under the Stronger Communities Fund Community Grants Program budget to the Granville Multi-purpose Community Centre Project within the Stronger Communities Fund Major Projects Program.

Report

The Stronger Communities Fund was established by the NSW Government to provide newly merged councils with funding to kick start the delivery of projects that improve community infrastructure and services.

Cumberland Council was provided with $15 million in funding via two programs:

· A Community Grants Program, allocating up to $1 million in grants of up to $50,000 in any single allocation to incorporated not-for-profit community groups for projects that build more vibrant, sustainable and inclusive local communities; and

· A Major Projects Program, allocating all remaining funding ($14 million) to larger scale priority infrastructure and services projects that deliver long term economic and social benefits to communities.

Stronger Communities Fund Community Grants Program Progress Update

Implementation of the 31 community grant funded projects is being monitored by Council staff to ensure funds are spent in accordance with the NSW Government’s Guidelines.

The final acquittal reports from grant recipients were due to Council on 28 February 2019. These reports outline the outcomes of funded projects. Of the 31 projects funded, 29 projects have been completed and acquittal reports submitted to Council. One report is outstanding and one funded project withdrew their project and returned funds to Council. As resolved at the Ordinary Meeting of Council on 20 December 2017, the $4,411 returned from the withdrawn project has been reallocated to the Stronger Communities Fund Major Projects Program.

Along with the provision of acquittal reports, Council has received notification from three organisations that they will be returning unspent grant money. This includes:

· The Girl Guides NSW/ACT (Auburn-Lidcombe Branch) who received $9,000 for the Girl Guides Hall Improvement Works. The project included minor capital works - building a roof for the entrance porch, installation of new entrance doors and an alarm system to improve the safety and accessibility of the facility. A total of $711 of unspent grant money will be returned to Council.

· Bicycle NSW who received $50,000 for the Her Cycling Connections Project, which provided bike riding sessions for unemployed women aged 18 years and over. A total of $4,121.24 of unspent grant money will be returned to Council.

· Islamic Relief Australia received $49,800 for the ADVOCATE Project. The project aimed to address domestic and family violence among Muslim families in the Cumberland area. A total of $5,584.90 of unspent grant money will be returned to Council.

It is recommended that the returned funds, which total $10,417.14 be reallocated to the Stronger Communities Fund Major Projects Program. The reallocation of returned funds from the Community Grants Program to the Major Projects Program is permitted under the NSW Government’s Stronger Communities Fund Guidelines.

Stronger Communities Fund Major Projects Program Progress Update

The following progress has been made on the major projects to date:

PROJECT TITLE	PROGRESS UPDATE
Granville Multi- Purpose Community Centre, Library, Arts and Cultural Facility ($10 million from the Stronger Communities Fund)	· Council was awarded an additional $181,385 plus GST under ClubGrants Category 3 to contribute to the costs associated with the fit out of the art gallery and arts spaces. · The Aboriginal Heritage Impact Permit was provided and investigation undertaken from January to February 2019. The investigation resulted in minimal impact to the scope of works for the project. · Council submitted a Section 4.55 application on 14 February 2019 to seek alterations to the conditions of consent for the project. This was approved on 5 April 2019. The final issuing of the Construction Certificate (CC) is now underway. · The selective tender process for the construction of the Granville Multipurpose Centre closed on 19 February 2019. The Tender Evaluation Report will be reported to the Ordinary Meeting of Council on 17 April 2019 (and is included in this Business Paper). · As at 30 March 2019, $2,328,948 had been spent on this project and $754,638 raised as commitments resulting in a total of $3,083,586 of actuals plus commitments.
Auburn Botanic Gardens Entertainment Precinct and Duck River Regional All Abilities Playground ($1 million from the Stronger Communities Fund)	· Council has resolved heritage aspects for the entrance upgrade project and is finalising the detailed design of the new entrance. Tenders for the construction of the entrance will close in May 2019. Construction is anticipated to commence in June and be completed by September 2019. · The Duck River Regional Playground community consultation process has now been completed and the detailed design of the new playground is currently being finalised. The project will be placed with Vendor Panel in April 2019. Construction of the new playground is anticipated to commence in June 2019. · As at 30 March 2019, a total of $114,194 had been spent on this project and $5,876 raised as commitments resulting in a total of $120,070 of actuals plus commitments.
Central Gardens All Abilities and Mixed Age Playground ($1 million from the Stronger Communities Fund)	· The tender process for the construction of the playground closed on 12 February 2019. The Tender Evaluation Report will be reported to the Ordinary Meeting of Council on 1 May 2019. · Construction is proposed to commence in early June 2019. · As at 30 March 2019, $92,204 had been spent on this project and $8,649 raised as commitments resulting in a total of $100,853 of actuals plus commitments.
Replacement of Bridge Road Railway Overbridge ($500,000 contribution from the Stronger Communities Fund)	· Sydney Trains has confirmed the design of the bridge including three (3) vehicle lanes is progressing and design coordination meetings are underway. · Council has committed funds for this project via purchase order, and Sydney Trains have forwarded an invoice for Council’s contribution to the project cost. · As at 30 March 2019, $4,358 had been spent on this project and $500,000 raised as commitments resulting in a total of $504,358 of actuals plus commitments. The $4,411 previously returned from the withdrawn Stronger Communities Fund Community Grants Program has been reallocated to this project within the Stronger Communities Fund Major Projects Program.
Auburn District Library Expansion ($500,000 contribution from the Stronger Communities Fund)	The following works have been completed for this project in the period: · Installation of partitioning, workstations, safety/security measures and new main entry automatic door. · Carpet renewal. · Electrical and data works. · Purchase and programming of 12 new public PCs. · Lift and air conditioning upgrades are currently in progress. · This project is due for completion and launch in May 2019. · As at 30 March 2019, $162,761 had been spent on this project and $79,230 raised as commitments resulting in a total of $241,992 of actuals plus commitments.
Prospect Hill Access & Lookout ($500,000 from the Stronger Communities Fund)	· A new Plan of Management for the Prospect Hill site has been adopted. · The landscape concept plan for the Access and Lookout Project has been completed. · The Environmental Assessment Plan has been completed. · Site remediation has commenced and will be complete by 30 April 2019. · Construction of the project will commence at the end of May 2019 and completed in early July 2019. · As at 30 March 2019, $34,252 had been spent on this project and $48,372 raised as commitments resulting in a total of $82,625 of actuals plus commitments.
CCTV Infrastructure and Lighting Upgrades ($500,000 from the Stronger Communities Fund)	The following work has been completed for this project: · An independent review and audit of all existing CCTV systems across Council sites (23 sites and 43 relocatable cameras). A comprehensive lighting assessment has also been completed at each location. · The review of current maintenance contracts for existing systems. · Consultation with the NSW Police to confirm sites for expansion. · Specifications and detailed design for a Video Surveillance System to enable the integration and central management of Council CCTV cameras. · Council undertook Tender T-2018-060, which included the CCTV and Lighting Upgrades project as one separable portion of four. At the Ordinary Meeting of Council held on 3 April 2019, Council resolved to reject all tenders and invite fresh tenders based on one separable portion of the original tender. This tender process is underway and will be dealt with under the delegated authority of the General Manager. · As at 30 March, 2019, $196,611 had been spent on this project and $11,355 raised as commitments resulting in a total of $207,966 of actuals plus commitments.

PROJECT TITLE

PROGRESS UPDATE

Granville Multi- Purpose Community Centre, Library, Arts and Cultural Facility ($10 million from the Stronger Communities Fund)

· Council was awarded an additional $181,385 plus GST under ClubGrants Category 3 to contribute to the costs associated with the fit out of the art gallery and arts spaces.

· The Aboriginal Heritage Impact Permit was provided and investigation undertaken from January to February 2019. The investigation resulted in minimal impact to the scope of works for the project.

· Council submitted a Section 4.55 application on 14 February 2019 to seek alterations to the conditions of consent for the project. This was approved on 5 April 2019. The final issuing of the Construction Certificate (CC) is now underway.

· The selective tender process for the construction of the Granville Multipurpose Centre closed on 19 February 2019. The Tender Evaluation Report will be reported to the Ordinary Meeting of Council on 17 April 2019 (and is included in this Business Paper).

· As at 30 March 2019, $2,328,948 had been spent on this project and $754,638 raised as commitments resulting in a total of $3,083,586 of actuals plus commitments.

Auburn Botanic Gardens Entertainment Precinct and Duck River Regional All Abilities Playground ($1 million from the Stronger Communities Fund)

· Council has resolved heritage aspects for the entrance upgrade project and is finalising the detailed design of the new entrance. Tenders for the construction of the entrance will close in May 2019. Construction is anticipated to commence in June and be completed by September 2019.

· The Duck River Regional Playground community consultation process has now been completed and the detailed design of the new playground is currently being finalised. The project will be placed with Vendor Panel in April 2019. Construction of the new playground is anticipated to commence in June 2019.

· As at 30 March 2019, a total of $114,194 had been spent on this project and $5,876 raised as commitments resulting in a total of $120,070 of actuals plus commitments.

Central Gardens All Abilities and Mixed Age Playground ($1 million from the Stronger Communities Fund)

· The tender process for the construction of the playground closed on 12 February 2019. The Tender Evaluation Report will be reported to the Ordinary Meeting of Council on 1 May 2019.

· Construction is proposed to commence in early June 2019.

· As at 30 March 2019, $92,204 had been spent on this project and $8,649 raised as commitments resulting in a total of $100,853 of actuals plus commitments.

Replacement of Bridge Road Railway Overbridge ($500,000 contribution from the Stronger Communities Fund)

· Sydney Trains has confirmed the design of the bridge including three (3) vehicle lanes is progressing and design coordination meetings are underway.

· Council has committed funds for this project via purchase order, and Sydney Trains have forwarded an invoice for Council’s contribution to the project cost.

· As at 30 March 2019, $4,358 had been spent on this project and $500,000 raised as commitments resulting in a total of $504,358 of actuals plus commitments. The $4,411 previously returned from the withdrawn Stronger Communities Fund Community Grants Program has been reallocated to this project within the Stronger Communities Fund Major Projects Program.

Auburn District Library Expansion ($500,000 contribution from the Stronger Communities Fund)

The following works have been completed for this project in the period:

· Installation of partitioning, workstations, safety/security measures and new main entry automatic door.

· Carpet renewal.

· Electrical and data works.

· Purchase and programming of 12 new public PCs.

· Lift and air conditioning upgrades are currently in progress.

· This project is due for completion and launch in May 2019.

· As at 30 March 2019, $162,761 had been spent on this project and $79,230 raised as commitments resulting in a total of $241,992 of actuals plus commitments.

Prospect Hill Access & Lookout ($500,000 from the Stronger Communities Fund)

· A new Plan of Management for the Prospect Hill site has been adopted.

· The landscape concept plan for the Access and Lookout Project has been completed.

· The Environmental Assessment Plan has been completed.

· Site remediation has commenced and will be complete by 30 April 2019.

· Construction of the project will commence at the end of May 2019 and completed in early July 2019.

· As at 30 March 2019, $34,252 had been spent on this project and $48,372 raised as commitments resulting in a total of $82,625 of actuals plus commitments.

CCTV Infrastructure and Lighting Upgrades ($500,000 from the Stronger Communities Fund)

The following work has been completed for this project:

· An independent review and audit of all existing CCTV systems across Council sites (23 sites and 43 relocatable cameras). A comprehensive lighting assessment has also been completed at each location.

· The review of current maintenance contracts for existing systems.

· Consultation with the NSW Police to confirm sites for expansion.

· Specifications and detailed design for a Video Surveillance System to enable the integration and central management of Council CCTV cameras.

· Council undertook Tender T-2018-060, which included the CCTV and Lighting Upgrades project as one separable portion of four. At the Ordinary Meeting of Council held on 3 April 2019, Council resolved to reject all tenders and invite fresh tenders based on one separable portion of the original tender. This tender process is underway and will be dealt with under the delegated authority of the General Manager.

· As at 30 March, 2019, $196,611 had been spent on this project and $11,355 raised as commitments resulting in a total of $207,966 of actuals plus commitments.

Community Engagement

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

Policy Implications

Council is required to submit a copy of this report to the Office of Local Government in accordance with the Stronger Communities Fund Guidelines.

Risk Implications

Council has Project Control Groups (PCGs) in place for the major projects, which meet on a regular basis to oversee each project. Council has a risk register in place for every major project, which is regularly monitored and updated through the PCGs for each project.

Financial Implications

Funding of $15 million has been provided by the NSW Government to deliver the Stronger Communities Fund Program.

A total of $1 million was allocated under the Stronger Communities Fund Community Grants Program and has been allocated to community organisations. During this reporting period, Council has received notification that three organisations will be returning $10,417 in unspent grant money to Council due to project savings. It is recommended that $10,417 be reallocated to the Granville Multipurpose Community Centre Project under the Stronger Communities Fund Major Projects Program, which is permitted under the NSW Government’s Stronger Communities Fund Guidelines.

As at 30 March 2019, $2,933,330 had been spent, and a further $1,408,121 in commitments had been raised for projects under the Stronger Communities Fund Major Projects Program, resulting in a total of $4,341,452 of actuals plus commitments.

The Stronger Communities Fund is to be spent or committed by 30 June 2019 and all funding acquitted before 31 December 2019.

CONCLUSION

The Stronger Communities Fund provides Council with a one off opportunity to deliver major infrastructure projects that build more vibrant, sustainable and inclusive local communities.

Council continues to be on track in relation to the implementation of the Stronger Communities Fund. Council will continue to monitor and provide progress reports on its implementation plan to Council and the Office of Local Government to ensure funds are spent in accordance with the NSW Government’s Guidelines.

Attachments

Council Meeting

17 April 2019

Item No: C04/19-62

Tender Evaluation Report - Granville Multipurpose Centre

Responsible Division: Community Development

Officer: Director Community Development

File Number: T-2018-059

Community Strategic Plan Goal: A great place to live

qSummary

This report outlines the outcome of the tender evaluation process for tender number T-2018-59 for the construction of the Granville Multipurpose Centre and recommends that Council award the tender to Stephen Edwards Constructions Pty Ltd.

Recommendation

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to award the contract for the construction of the Granville Multipurpose Centre to Stephen Edwards Constructions Pty Ltd (ABN 65 001 824 139) in accordance with Clause 178(1)(a) of the Local Government (General) Regulations 2005, for the amount of $20,306,290 (excluding 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.

Report

Tender Information

Tender Number:	T-2018-059
Tender Title:	Construction of the Granville Multipurpose Centre
Tender Publishing Date:	18 December 2018 to 19 February 2019

Background

This tender is for the construction of the Granville Multipurpose Centre as identified in Council’s 2018/19 Capital Works Program and approved as a key deliverable under the NSW Government Stronger Communities Fund.

The Granville Multipurpose Centre to be located at 1 Memorial Drive, Granville is a flagship community facility development for Council. This purpose built community facility will include a Community Centre, Library and Art Gallery integrated with the existing swimming pool complex, park and outdoor recreation facilities at the Granville Memorial Park site.

The project will deliver long term benefits and significantly improved social and cultural infrastructure for current and future populations together with new services that will meet the diverse needs of Cumberland’s growing community.

The Granville Multipurpose Centre building will consist of three main parts including a multipurpose community centre of approximately 1,500 square metres (including a main hall, meeting and activity rooms, commercial kitchen and spaces for young people), a library of approximately 1,000 square metres, an art gallery of approximately 1,000sqm (including a dedicated gallery space, arts workshops and making spaces).

The project will also deliver extensive external and public domain works surrounding the site, including park improvements, a new playground, multi-sports courts and car parking. A new entry for the existing Granville Swimming Centre will also be delivered as part of the project along with interface works to connect the Swimming Centre to the Granville Multipurpose Centre.

The Granville Multipurpose Centre development involves the following scope of works:

1. Demolition of existing structures, including:

· Entry to Granville Swimming Centre

· Granville Youth and Community Recreation Centre

· Multipurpose Court

· Playground

· Former Baby Health Centre and former St John’s Ambulance buildings.

2. Site preparation and bulk earthworks.

3. Removal of existing at-grade car parking and associated access roadway.

4. Construction of the new Granville Multipurpose Centre including the following spaces:

· Library and back of house, storage and offices

· Art Gallery and back of house, storage, offices and multipurpose arts spaces

· Community Centre including a large hall and multipurpose rooms, youth facilities, commercial kitchen, back of house, storage, offices and amenities

· New pool entry including café and kiosk areas, storage and amenities facilities

· Multi-sports courts (1.5) and playground.

5. Road works to the intersection of Enid Street with Memorial Drive, Granville.

6. An extended roadway to include new at-grade parking facilities to service the new facility.

7. New and embellished landscaping including passive and active spaces.

The completion of this project in 2020 will significantly enhance the Cumberland community’s access to high quality community facilities and additional services.

Tender Process

At the Ordinary Meeting of Council held on 21 November 2018, Council considered the Tender Evaluation Report - Expression of Interest for the Granville Multipurpose Centre and resolved (Min: 351 - C11/18-231):

“That Council accept the Tender Evaluation Panel’s recommendation to select the following six (6) tenderers to be invited to submit tenders for the construction of the Granville Multipurpose Centre:

a) Belmadar Pty Ltd ABN 53 156 053 351

b) Buildcorp Group Pty Ltd ABN 85 091 336 168

c) Ganellen Infrastructure Pty Ltd ABN 26 141 325 868

d) Kane Constructions Pty Ltd ABN 49 007 354 396

e) Lahey Constructions Pty Ltd ABN 36 002 314 810

f) Stephen Edwards Constructions Pty Ltd ABN 65 001 824 139.”

Subsequent to this Council resolution, tenders were invited by way of selective tender to the six (6) companies listed above.

The invitation documents were posted on the tender portal on 18 December 2018. The tender portal closed on 19 February 2019.

Details of Tenders Received

The following six (6) on time tenders were received:

Tenderer	ABN
Belmadar Pty Ltd	53 156 053 351
Buildcorp Group Pty Ltd	85 091 336 168
Ganellen Infrastructure Pty Ltd	26 141 325 868
Kane Constructions Pty Ltd	49 007 354 396
Lahey Constructions Pty Ltd	36 002 314 810
Stephen Edwards Constructions Pty Ltd	65 001 824 139

Weighted Evaluation of Tenders

Each tender received was scored against the weighted evaluation and compliance criteria as stated in the tender document and agreed by the Tender Evaluation Panel.

The compliance criteria included the following requirements:

a) Extent of compliance with tender document

b) Current insurance policies

c) Work Health & Safety

d) Quality management system

e) Environmental management

f) Attendance at pre-tender briefings

g) Willing to provide information about current financial position.

The weighted criteria included the following requirements:

a) Construction methodology

b) Construction duration

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
Stephen Edwards Constructions Pty Ltd	1
Lahey Constructions Pty Ltd	2
Belmadar Pty Ltd	3
Kane Constructions Pty Ltd	4
Ganellen Infrastructure Pty Ltd	5
Buildcorp Group Pty Ltd	6

Further detail in relation to the Tender Evaluation Panel’s assessment is included under Attachments 1 and 2, which are included as confidential items with this report.

The Tender Evaluation Panel concluded that the tender received from Stephen Edwards Constructions Pty Ltd was the highest scored tender and represents the best value option for Council.

Community Engagement

Tenders were invited by way of select tender following a publicly advertised Expression of Interest process from which six (6) companies were accepted by Council resolution.

Council invited select tenders for a period of 63 days complying with Clause 167 of the Local Government (General) Regulations 2005. Tenders were invited via the NSW e-Tendering Website.

Policy Implications

The tender process was undertaken in accordance with Council’s procurement framework and procedures.

Risk Implications:

Council has a Project Control Group (PCG) in place for the Granville Multipurpose Centre project, which meets on a regular basis. Council also has a risk register in place for this project, which is regularly monitored and updated through the PCG.

A risk assessment was completed by the Tender Evaluation Panel as part of the selective tender evaluation process and is included in Attachment 1.

Financial Implications:

The cost of the tender as proposed by Stephen Edwards Constructions Pty Ltd will be funded from the Capital Works budget in 2018/19, 2019/20 and 2020/21.

Funding sources for this project include:

· NSW Government Stronger Communities Fund

· NSW Government Club Grants Category 3

· Federal Government Smart Cities and Suburbs Program

· Council funds including General Revenue and Section 7.11 Contributions.

Funding from the Stronger Communities Fund is to be spent or committed by 30 June 2019 and all funding acquitted before 31 December 2019. Funding from the NSW Government Club Grants Category 3 Program is to be spent and acquitted before 18 January 2021.

Conclusion:

On the basis of all the factors and considerations outlined in this report, the Tender Evaluation Panel seeks Council’s endorsement and resolution to award the Tender Number T-2018-059 for the construction of the Granville Multipurpose Centre to Stephen Edwards Constructions Pty Ltd.

Attachments

1. Tender Panel Evaluation Report (confidential)

2. Tender Panel Evaluation Scoresheet (confidential)

3. Granville Multipurpose Centre Tender and Cost Plan Summary (confidential)

Council Meeting

17 April 2019

Item No: C04/19-64

Auburn and Lidcombe Town Centres Planning Controls Strategy

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5740-02

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an update on the planning controls strategy for the Auburn and Lidcombe Town Centres. It outlines the outcomes of the public exhibition process, including submissions received and key issues, and the recommended approach for planning controls in the Auburn and Lidcombe Town Centres.

Council has undertaken work on a planning controls strategy for the Auburn and Lidcombe Town Centres. The primary focus of this work is to better align the planning controls related to zoning, height and floor space ratios, which enable a broader range of building design options to be realised. This approach provides better opportunities for innovation in the built form of these town centres, and contributes to the quality of amenity and public domain within the Cumberland area.

The draft strategy for the Auburn and Lidcombe Town Centres was placed on public exhibition from 7 February 2017 to 8 March 2017. A total of 52 submissions were received. Key items raised included feedback on the proposed planning controls, infrastructure availability and built form interfaces with existing land uses.

Following a review of submissions and further assessment by Council, the recommended planning controls strategy for the Auburn Town Centre includes:

· retention of existing floor space ratios in precincts where a reduction was proposed, as development has proceeded under the current controls

· changes to maximum heights for some precincts to allow for improved building design while maintaining the existing floor space ratios at these precincts

· minor changes to zonings and/or floor space ratios for Precinct 17 to better support the activation of Auburn Town Centre at this location

Following a review of submissions and further assessment by Council, the recommended planning controls strategy for the Lidcombe Town Centre includes:

· retention of existing floor space ratios in precincts where a reduction was identified for consideration, as development has proceeded in these precincts with the current controls

· changes to zonings and/or floor space ratios for Precincts 7, 10, 15 (part) and 16 to better support the activation of Lidcombe Town Centre at these locations, as well as to provide a better design and built form response. This approach minimises pressure on existing services and infrastructure by only providing a minor increase in potential development yield

· changes to maximum heights for some precincts to allow for improved building design while maintaining the existing floor space ratios at these precincts

The report also outlines the implementation of the planning controls strategy through the new Cumberland Local Environmental Plan (LEP) if endorsed by Council. This process will require the preparation of a planning proposal, review and advice from the Cumberland Local Planning Panel, Gateway determination by the NSW Government, public consultation and finalisation of the planning proposals for the new LEP. This work is a high priority of Council and is scheduled for completion in mid-2020.

Recommendation

That Council:

1. Note the submissions received on the planning controls strategy for Auburn and Lidcombe Town Centres.

2. Note that planning controls for the Auburn Town Centre remain unchanged for Precincts 4, 5, 7 and 10.

3. Adopt the planning controls strategy for Auburn Town Centre in Precincts 2, 3, 6, 8, 11, 14, 15, 16a and 18, with these controls reflecting current arrangements or exhibited controls.

4. Adopt the planning controls strategy for Auburn Town Centre in Precincts 1, 9, 12, 13 and 17, with revisions made to these controls in response to submissions or further assessment by Council.

5. Adopt the planning controls strategy for Lidcombe Town Centre in Precincts 4, 5, 6, 10, 11, 12, 13, 15 east, 16a and 17, with these controls reflecting current arrangements or exhibited controls.

6. Adopt the planning controls strategy for Lidcombe Town Centre in Precincts 1, 2, 3, 7, 8, 9, 14 and 15, with revisions made to these controls in response to submissions or further assessment by Council.

7. Implement the adopted planning controls strategy for Auburn and Lidcombe Town Centres as part of the new Cumberland Local Environmental Plan.

8. Note that the adopted planning controls strategy for Auburn and Lidcombe Town Centres will be subject to further public consultation and further review by the Cumberland Local Planning Panel as part of the new Cumberland Local Environmental Plan.

9. Note that further assessment on the planning controls strategy for Auburn Town Centre will be undertaken in Precincts 16b, 21 and 22.

Report

Background

Council has undertaken work on a planning controls strategy for the Auburn and Lidcombe Town Centres. The primary focus of this work is to better align the planning controls related to zoning, height and floor space ratios, which enables a broader range of building design options to be realised. This approach provides better opportunities for innovation in the built form of these town centres, and contributes to the quality of amenity and public domain within the Cumberland area.

A chronology of the work undertaken on the planning controls strategy for Auburn and Lidcombe Town Centres is provided in Table 1. Further background information from previous Council and Independent Hearing and Assessment Panel reports are provided in Attachments 3 and 4.

Former Auburn City Council
2014 - 2015	Resolutions to increase heights in Auburn and Lidcombe Town Centres.
2015 - 2016	Preliminary Consultant work
Cumberland Council
May 2016	Council amalgamation – review of planning controls placed on hold
September-October 2016	Internal work to finalise draft Strategy
November 2016	Report to IHAP - recommending exhibition
December 2016	Report to Council. Resolution to exhibit (Administrator)
7 Feb – 8 March 2017	Exhibition of draft Strategy
2017 – 2019	Analysis of issues raised in submissions and review of draft Strategy
April 2019	Report to Council on Planning Controls Strategy

Table 1: Chronology of planning controls strategy for Auburn and Lidcombe Town Centres

Auburn Town Centre

This work considered the planning controls for a number of precincts in the Auburn Town Centre, as outlined in Figure 1. A range of public submissions were received and considered for the various precincts in the town centre. Council has also reviewed development applications and building construction activity in the town centre since the public consultation period to ensure that the recommended planning controls respond to the current built form in the town centre.

Figure 1: Auburn Town Centre Precincts

The key elements of the recommended planning controls strategy for the Auburn Town Centre include:

· retention of existing floor space ratios in precincts where a reduction was proposed, as development has proceeded in these precincts under the current controls

· changes to maximum heights for some precincts to allow for improved building design while maintaining the existing floor space ratios at these precincts

· minor changes to zonings and/or floor space ratios for Precinct 17 to better support the activation of Auburn Town Centre at this location

· further assessment of planning controls in selected precincts in response to submissions and planning proposals received following public exhibition

Information by precinct is provided in Table 2 and Attachment 1 of the report.

Table 2: Planning Control Strategy by Precinct for Auburn Town Centre

Table 2: Planning Control Strategy by Precinct for Auburn Town Centre (cont.)

Lidcombe Town Centre

This work considered the planning controls for a number of precincts in the Lidcombe Town Centre, as outlined in Figure 2. A range of public submissions were received and considered for the various precincts in the town centre. Council has also reviewed development applications and building construction activity in the town centre since the public consultation period to ensure that the recommended planning controls respond to the current built form in the town centre.

Figure 2: Lidcombe Town Centre Precincts

The key elements of the recommended planning controls strategy for the Lidcombe Town Centre include:

· retention of existing floor space ratios in precincts where a reduction was identified for consideration, as development has proceeded in these precincts with the current controls

· changes to maximum heights for some precincts to allow for improved building design while maintaining the existing floor space ratios at these precincts

Information by precinct is provided in Table 3 and Attachment 1 of the report.

Table 3: Planning Control Strategy by Precinct for Lidcombe Town Centre

Table 3: Planning Control Strategy by Precinct for Lidcombe Town Centre (cont.)

Next Steps

Subject to endorsement by Council, the implementation of the adopted planning controls strategy will be undertaken through the new Cumberland Local Environmental Plan (LEP). This process will require the preparation of a planning proposal, review and advice from the Cumberland Local Planning Panel, Gateway determination by the NSW Government, public consultation and finalisation of the planning proposal for the new LEP. This work is a high priority of Council and is scheduled for completion in mid-2020.

Community Engagement

The draft Strategy was exhibited from 7 February 2017 to 8 March 2017. Two public information evening sessions were held during the exhibition: one at the Lidcombe Community Centre (20 February 2017); and one at Council’s Auburn Administration Centre (23 February 2017).

A total of 52 submissions were received, including:

· 16 submissions and 1 petition (29 signatures) generally objecting to the draft Strategy;

· 13 submissions (including 10 form letters) in support of the draft Strategy; and

· the remainder raising various issues and comments.

Key items raised in the submission (as shown in Figure 3) included feedback on the proposed planning controls, infrastructure availability and built form interfaces with existing land uses. A summary and response to the submissions received is provided in Attachment 2.

Figure 3: Overview of submissions received

Policy Implications

Policy implications are outlined in the main body of this report.

Risk Implications

There are minimal risk implications for Council associated with this report. The primary focus of this work is to better align planning controls for Auburn and Lidcombe Town Centres that can enhance design and built form outcomes. The introduction of the Cumberland Design Excellence Panel at the development application stage will further mitigate risks in achieving these outcomes.

Financial Implications

There are minimal financial implications for Council associated with this report. The primary focus of this work is to better align planning controls for Auburn and Lidcombe Town Centres that can enhance design and built form outcomes.

CONCLUSION

The Draft Strategy for the Auburn and Lidcombe Town Centres was placed on public exhibition from 7 February 2017 to 8 March 2017. A total of 52 submissions were received. Key items raised included feedback on the proposed planning controls, infrastructure availability and built form interfaces with existing land uses.