Agenda of Policy Review Committee Meeting

UNCONFIRMED MINUTES

OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 12 DECEMBER 2016 AT 7:00PM

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Todd Carney, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

APOLOGIES

PRC 64 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Joshua Hoole that apologies be received for Councillor Marcus Cornish, Jim Aitken OAM and Bernard Bratusa.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 November 2016

PRC 65 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney that the minutes of the Policy Review Committee Meeting of 14 November 2016 be confirmed.

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 – Little Creek Catchment Overland Flow Flood Study - Public Exhibition and Item 4 - College, Orth and Werrington Creeks Catchment Overland Flow Flood Study - Public Exhibition as he is the Chairperson of the Floodplain Management Working Party and Floodplain Risk Management Committee.

DELIVERY PROGRAM REPORTS

Outcome 5 - We care about our environment

3 Little Creek Catchment Overland Flow Flood Study - Public Exhibition

Engineering Services Manager, Adam Wilkinson introduced the report and made a presentation.

PRC 66 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Mark Davies

That:

1. The information contained in the report on Little Creek Catchment Overland Flow Flood Study - Public Exhibition be received

2. The Final Draft Little Creek Catchment Overland Flow Flood Study, November 2016 endorsed for public exhibition for a period of no less than 28 days.

3. A further report be presented to Council on the results of the public exhibition of the Final Draft Little Creek Catchment Overland Flow Flood Study, November 2016 addressing any submissions received during the exhibition period.

4. A letter from the Mayor be prepared for the members of the Floodplain Risk Management Committee wishing them a Merry Christmas and thanking them for their commitment and contributions to the Committee

4 College, Orth and Werrington Creeks Catchment Overland Flow Flood Study - Public Exhibition

Engineering Services Manager, Adam Wilkinson introduced the report and made a presentation.

PRC 67 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1. The information contained in the report on College, Orth and Werrington Creeks Catchment Overland Flow Flood Study - Public Exhibition be received

2. The Final Draft College, Orth and Werrington Creeks Catchment Overland Flow Flood Study, November 2016 be endorsed for public exhibition for a period of no less than 28 days.

3. A further report to be presented to Council on the results of the public exhibition of the Final Draft College, Orth and Werrington Creeks Catchment Overland Flow Flood Study, November 2016 addressing any submissions received during the exhibition period.

Outcome 3 - We can get around the City

2 Review of Environmental Factors (REF) for Jane Street and Mulgoa Road Infrastructure Upgrade, Penrith

Engineering Services Manager, Adam Wilkinson introduced the report and played a short video.

PRC 68 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Review of Environmental Factors (REF) for Jane Street and Mulgoa Road Infrastructure Upgrade, Penrith be received.

2. Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 16 December 2016.

Outcome 2 - We plan for our future growth

1 Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith

PRC 69 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith be received.

2. Council resolve to adopt the amended Development Control Plan for 164 Station Street, Penrith (Attachment 1), as Amendment No. 3 to the Penrith Development Control Plan 2014.

3. In accordance with the Environmental Planning and Assessment Regulation 2000, Council give public notice of its decision in a local newspaper within 28 days, with the Development Control Plan coming into effect immediately upon notification in the newspaper.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor John Thain
Councillor Kath Presdee
Councillor Tricia Hitchen
Councillor Kevin Crameri OAM
Councillor Greg Davies
Councillor Mark Davies
Councillor Ross Fowler OAM
Councillor Tricia Hitchen
Councillor Karen McKeown
Councillor Joshua Hoole
Councillor Aaron Duke
Councillor Todd Carney

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Northern Road at 5th and 7th Avenue - Right Hand Turn

Councillor Kevin Crameri OAM requested that the RMS be written to, to consider right hand turn lanes at these junctions.

RR 2 Pool Inspections

Councillor Tricia Hitchen requested a memo providing details of the current pool inspection program, including information about how many have been completed and how many are remaining.

RR 3 Cost Estimate for BBQ - Victoria Park, St Marys

Councillor Greg Davies requested a memo to all councillors providing information on the estimated cost of an additional BBQ facility at Victoria Park, St Marys.

There being no further business the Chairperson declared the meeting closed the time being 7:41pm.

Policy Review Committee Meeting 13 February 2017

Management of noxious weeds on road sides and traffic islands

Compiled by: John Gordon, City Presentation Manager

Janet Rannard, Bushland Management Officer

Authorised by: Brian Steffen, Executive Manager - City Assets

Requested By: Councillor Kevin Crameri OAM

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Manage and maintain the City's sports grounds, parks and open space

Executive Summary

The purpose of this report is to provide Councillors with information in relation to the role of Council in the detection and control of noxious weeds on road sides and on traffic islands within the City.

Broadly, weeds fall into two major categories, Noxious Weeds and Environmental Weeds. Weeds are classified by the NSW Department of Primary Industry, based on their characteristics and impact.

The management of noxious weeds within the City is undertaken by The Hawkesbury River County Council (HRCC), who are a single purpose authority formed to administer, control and eradicate declared noxious weeds. The HRCC has eight Councillors, two appointed by each of its constituent Council’s. Penrith City Council’s current appointees are Councillor McKeown and Councillor Cornish.

The management of noxious weeds on road sides and traffic islands is undertaken by the HRCC based on their own inspection regime or acting upon information provided by Council Officers or members of the community.

The report recommends that the information be received.

Background

Broadly, weeds fall into two major categories, Noxious Weeds and Environmental Weeds. Weeds are classified by the NSW Department of Primary Industry, based on their characteristics and impact.

Noxious weeds and invasive non-native plants are plants that have a tendency to invade and become serious pests, threatening ecological and economic systems. These invasive plants generally also have high reproductive and growth rates, long-lived seeds, and deep roots that compete with native plants for water, light and nutrients. These plants arrived in this country without the suite of natural enemies that control their abundance in their country of origin. In some cases, this contributes significantly to their invasiveness by giving them a strong competitive advantage.

Plants can be spread by various means including broken stems and roots reshooting to seeds spread by wind, water, animals. Weeds spread by wind are generally light and fluffy e.g. Fire weed, Moth vine, Pampas grass, Scotch thistle, Dandelions, and Fleabane. Weeds spread by water can float e.g. balloon vine. Also broken plant cuttings e.g. Willow, Trad and Alligator weed can be spread by water. Emptying fish tanks into a pond or creek line spreads aquatic weeds. Weeds spread by animals may have an edible berry that is eaten by foxes, bats or birds and later defecated or regurgitated further away e.g. Solanum, Privet, Lantana or a seed that catches on dogs and cats fur e.g. Bidens or is intentionally deposited in bushland by humans or unintentionally carried between bushland sites on clothing.

Weeds reduce the quantity and quality of Australia's agricultural, horticultural and forestry products, affecting both industry and consumers. It is estimated that weeds cost Australian farmers around $1.5 billion a year in weed control activities and a further $2.5 billion a year in lost agricultural production. The real cost of weeds to the environment is difficult to calculate, however it is expected that the cost would be similar to, if not greater than, that estimated for agricultural industries.

Management of Noxious Weeds in The Penrith Local Government Area

Noxious weeds within the Penrith Local Government area may exist on Council owned land, land owned by public authorities or on private property. The management of noxious weeds within the Penrith Local Government area is undertaken on behalf of Council by the Hawkesbury River County Council.

The Hawkesbury River County Council (HRCC) is constituted under the Local Government Act and is specified as a Local Control Authority under the Noxious Weeds Act. It is a single purpose authority formed to administer, control and eradicate declared noxious weeds. The HRCC consists of the combined areas of four constituent council’s including The Hills Shire, Blacktown, Penrith and Hawkesbury Cities. Each constituent Council pays an equal annual levy to HRCC for the management of noxious weeds within their Local Government area. The HRCC has eight Councillors, two appointed by each of its constituent Council’s. Penrith City Council’s current appointees are Councillor McKeown and Councillor Cornish.

Broadly, the role of the HRCC is as follows –

· Responsibility for administering the Noxious Weeds Act 1993

· Control of noxious weeds on land occupied by constituent Councils

· To ensure, so far as practicable, occupiers of land carry out obligations to control noxious weeds imposed under the Act

· To develop, implement, co-ordinate and review noxious weed control policies and noxious weed control programs

· Inspection of land within the local area in connection with its noxious weed control functions

· To report, at the request of the Minister, on the carrying out of the Local Control Authority’s under the Act

· To co-operate with Local Control Authorities of adjoining areas to control noxious weeds where appropriate.

· Such other functions as may be conferred or imposed on the Local Control Authority by or under the Acts

· Supply noxious weed control services to occupiers of land including public authorities and other persons. A charge is levied for this service.

· Private property occupiers are responsible for notifying HRCC of the presence of certain notifiable noxious weeds. The HRCC can inspect private properties for noxious weed infestations and giving directions to landowners and occupiers

During the 2015 / 16 Financial Year the following works were undertaken within the Penrith local government area by the HRCC –

Penrith City Council	Annual Target	Year to Date
Total number of Properties Inspected	490	607
Class 1 and Class 2 noxious weed control	38 Hectares	41.9 Hectares
Total Weed Control	46 Hectares	105.3 Hectares
Educational Events	3	5

Noxious weeds identified by Council staff or residents are referred to the HRCC for inspection and management. Approximately 80 staff within the City Presentation Department have completed a Horticultural qualification, with a component of that qualification dealing with the identification and management of weeds. Staff regularly identify Noxious or Environmental Weeds and report them to the HRCC. Additionally, Council receives many calls annually from residents in relation to the presence and management of Noxious Weeds. These enquiries are referred to the HRCC for investigation and management.

Council’s Bush Regenerators (2 staff) also undertake the management of weeds in natural areas across the City. Weed management is a major focus of their work, with weed management generally required before any revegetation work can occur. The work of the Council officers is supplemented by Bushcare volunteers who provide valuable assistance in the management and control of weeds. The presence of weeds across the City has been recognised as a significant issue, with Council’s Bushland Management Officer having secured on ground resources through the Federal Governments Green Army program to manage weeds on the banks of the Nepean River on River Road at Leonay. Funding has also recently been secured from the NSW Local Land Services- Greater Sydney to manage weeds along sections of South Creek and Ropes Creek.

Whilst not addressing weeds on roadsides or median strips, these grants are none the less important in the control and management of weeds across the City.

Management of Noxious Weeds on Roadsides and Islands

The Penrith City Council area has many hundreds of kilometres of roadside verges and median strips throughout the local government area. The management of weeds in these areas and limiting their capacity to spread is a challenge for all local authorities. Roads, railway lines, and water lines are all easy targets for weed spread. Generally most roadside verges are the responsibility of Council, with Roads and Maritime Services (RMS) primarily having responsibility for many of the large vegetated median strips across the City. The management of noxious weeds identified in these areas is referred directly to the HRCC for removal.

Ideally plants should be controlled before or whilst they are flowering as they are more easily seen and identified but before they set seed. If weather conditions are favourable seed set may occur very quickly, so control needs to be immediate. Once a plant with fluffy ripe seed is disturbed the seed can blow away. Control could be by a combination of regular mowing, manual removal, spraying with a selective herbicide, mulching to suppress weed growth or fire (with appropriate permission).

Conclusion

The management of noxious weeds and environmental weeds continues to represent a significant challenge for Council’s across NSW. The ability to manage weeds in accordance with their life cycle is critical to achieving long term successful outcomes, however the resources required to achieve this end are significant. The HRCC continues to provide an effective range of noxious weed control services across the Local Government area, with opportunities to supplement this service with grants and the use of volunteers being actively pursued.

RECOMMENDATION

That the information contained in the report on Management of noxious weeds on road sides and traffic islands be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Policy Review Committee Meeting 13 February 2017

Amenities Replacement Program - Adult Change Facilities

Compiled by: Michael Jackson, Design and Projects Manager

Authorised by: Brian Steffen, Executive Manager - City Assets

Requested By: Councillor Tricia Hitchen

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Implement the Public Amenity Replacement Program

Executive Summary

Council has been progressively improving the provision of public amenities across the LGA and community expectation has also been increasing as there is a much greater recognition of the need for accessible facilities. There are minimum standards for an accessible amenities stall which provide generous circulation space and prescribe the nature of the fittings used, however there are also features which are over and above the minimum standard and which would provide significant benefits to those caring for children and adults with special needs.

The Changing Places Australia project is led by the Association for Children with a Disability (ACD), an information, support and advocacy organisation for children with a disability and their families in Victoria. According to the Australian Institute of Health and Welfare, there are around 200,000 Australians with a disability who require assistance to use the toilet. A large number of these will need a Changing Place facility. Lack of appropriate toileting facilities are a fundamental barrier to social inclusion and a network of Changing Places toilets in convenient locations across Australia will transform the lives of hundreds of thousands of Australians.

This paper summarises options for the provision of this additional feature in the future and proposes a location for the facility to be installed in St Marys town centre.

Background

On 18 April 2016 Councillor Tricia Hitchen requested a report which identifies one place in each of Penrith and St Marys CBD that would be suitable for an adult change room. The Triangle Park project in Penrith CBD was to include a new amenities facility in the adjoining arcade, so the adult change facility was able to be included in that development and has already been constructed as a pilot. The Triangle Park amenities were funded via the City Centre Renewal and Improvement Program (CCRIP) budget.

As a tenancy within a commercial arcade, the Triangle Park facility was not typical of Council amenities blocks which are normally freestanding buildings and the space planning worked within that tenancy such that there was room to accommodate the small additional floor area for the folding and height adjustable adult change table, and to accommodate the overhead structural support for the electric hoist which is capable of lifting and transporting an adult within the room.

Adult Change Facilities

The experience of implementing an adult change facility in the Triangle Park amenities has allowed us to estimate the impacts on the more typical council amenities template. The most important impact is the additional size of the facility which means that it cannot be readily retrofitted into any existing facility. The folding table is the size of a single bed and while it is not large when stacked against the wall, it does require extra width on the standard accessible toilet room and a specific configuration of toilet pan and sink if a fold down table is able to be used without blocking access to either of those. The small increase in size is a marginal cost increase in a new facility, but is an extensive cost if applied to an existing facility as walls need to be rebuilt and the roof extended.

The other cost factor is the structural support required for the hoist. The hoist is capable of supporting a large adult and moving them from end to end and side to side of the room, so the structural support required is extensive. The extra over cost for structural support has been estimated at approximately $4,000 per facility.

The hoist mechanism and controls themselves currently cost approximately $16,000 per installation.

The provision of an adult change facility is not currently within Council’s standard amenities template. The broad options available for Council moving forward are as follows:

1. Do nothing. Rationale, an adult change facility is over and above minimum & average standard for council amenities.

· Such a Facility cannot be readily retrofitted in future due to size constraints.

2. Allow extra space but not structure in all new amenities.

· Option to retro fit structural support is relatively expensive but it is possible.

3. Allow extra space and structure in all new amenities.

· $4,000 extra per new facility

4. Allow extra space and structure and mechanisms in all new amenities.

· $20,000 extra per new facility

Options 1 & 2 are not recommended as they do not provide any future proofing of these assets for the community and are not consistent with Council’s longstanding position on Accessibility issues.

Option 3 provides council with the opportunity to retro fit change tables and mechanisms at any time depending on specific community demand in each area & available funding.

Option 4 commits Council to the provision of this feature in every new amenity.

Public Amenities Replacement Program

The public amenities replacement program (PARP) is a long running program which has already constructed new or replacement facilities in the following locations:

· Weir Reserve, Penrith

· Fowler Reserve, Wallacia

· Factory Road, Regentville

· Werrington Lakes, Werrington

· Kokoda Park, St Marys

· Tench Reserve, Jamisontown

· Regatta Park, Emu Plains

· East Lane, St Marys

· Victoria Park, St Marys

· Penrith Cemetery, Kingswood

The 2016/17 program has planned for construction of the following facilities in 2^nd quarter 2017 and carrying over into the following financial year in line with budget allocations:

· Melrose Hall, Emu Plains – x3 unisex + an accessible cubicle. Fully accessible including pathway and paved area. To complement the adjacent historical Melrose Hall Building. Total project estimate of $254,000.

· Smith Park, Castlereagh – x2 unisex + an accessible cubicle. Fully accessible including pathway to the car park and paved area. Appropriately located within the park, close to the existing playground. Total project estimate of $264,000.

The future PARP facilities list is as follows, with only the first scheduled and the rest listed in alphabetical order:

· St Marys Cemetery, St Marys

· Allen Place, Penrith CBD

· Emu Plains Cemetery

· Jamison Park (west)

· Mulgoa Park, Mulgoa

· Rance Oval, Werrington

· Sales Park, Luddenham

· Tench Reserve, Jamison Town

St Marys Adult Change Facility

St Marys town centre currently has three public amenities facilities in close proximity.

a) East Lane which was recently completed to the current design template,

b) West Lane is an older facility located opposite Coachmans Park and

c) Kokoda Park (just west of Coachmans Park) which was completed in 2012 as an early example of the current design template.

Kokoda Park is subject to third party planning proposals and until they are resolved it is not recommended to install an adult change facility there. The West Lane facility is also potentially on the fringe of areas impacted by the third party planning proposals and whilst it is an older facility and could be considered ripe for replacement it is not recommended to install a new facility in this location until the planning proposals have been resolved. It is recommended that the provision of adult change facilities be included as a condition of consent if the planning proposal was to proceed, and if it does not proceed the West Lane facility should be added to the list of amenities for future replacement. It is reasonable to assume that a new facility in the Kokoda Park and West Lane precinct would be at least two, if not three, years away.

That leaves the third amenities in East Lane as the only site without uncertainty currently surrounding it. The estimated cost is in the order of $82,000 to expand the existing facility and fit the required structure and mechanism.

There is currently an adult change facility in the St Marys Corner main hall, however it is not externally accessible and public access may not always be convenient if there are events underway in the main hall or associated rooms.

Conclusion

1. An Adult Change Facility has already been provided in Penrith CBD as a pilot.

2. East Lane is recommended as the location for St Marys town centre at this point in time. $82,000 in funding to be dedicated from the PARP budget with minor impact on future implementation list

3. All future amenities under PARP and other programs (eg Recreation and Neighbourhood facilities) to be planned and constructed with additional floor area and structural supports to allow for future installation of hoist and change table on an as needs basis. City and Town centre facilities to incorporate the Adult change facility as standard.

RECOMMENDATION

That:

1. The information contained in the report on Amenities Replacement Program - Adult Change Facilities be received

2. East Lane is confirmed as the location for the Adult Change Facility in St Marys town centre and $82,000 to be dedicated from the PARP budget

3. All future amenities be planned and constructed with additional floor area and structural supports to allow for future installation of hoist and change table on an as needs basis

4. All future city and town centre amenities to have Adult Change facilities (hoist and change table) incorporated as standard, and all other requests be assessed in consultation with the Access Committee

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Policy Review Committee Meeting 13 February 2017

Section 149 Flood Planning Notations

Compiled by: Mylvaganam Senthilvasan, Engineering Coordinator

Authorised by: Adam Wilkinson, Engineering Services Manager

Outcome	We care for our environment
Strategy	Minimise risks to our community form natural disasters
Service Activity	Provide a strategic framework to manage floodplains and inform land use policy

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

Executive Summary

The purpose of this report is to provide Council with an update on the progress of the application of section149 flood planning notations to properties, and to detail the need for further updating of the section 149 flood notations for those areas affected by the 2006 Overland Flow Flood Overview Flood Study.

The report recommends changes to the application of section 149 flood planning notations based on the 2006 Overland Flow Flood Overview Flood Study.

Background

Advice that we provide to land owners, with respect to flood information and flood planning controls, is an important element of Council’s floodplain management role. One primary source of advice is the section 149 Planning Certificate issued under the Environmental Planning and Assessment Act 1979.

In 2006, Council undertook an “Overland Flow Flood Overview Flood Study” (2006 Study) for the entire Penrith Local Government Area (LGA). The 2006 Study was undertaken in order to:

a) Identify and map all major overland flow paths;

b) Define local flood behaviour in the study area;

c) Assess provisional flood hazard for properties at risk of flooding; and

d) Rank catchment areas in terms of severity of flooding, and that is to assist Council in prioritising catchment areas for detailed flood investigations.

On 13 November 2006 Council adopted the Flood Study and in response, determinations were made in relation to the application of section 149 certificate flood planning notations.

At that time properties affected by drainage related flooding or local overland flooding did not have any section149 (2) flood planning notations. It was then resolved by Council that for the rural areas, defined as Northern Rural (Zone 2) and Southern Rural (Zone 3) in the 2006 Study, a section149(5) flood notation was applied to those properties within the PMF floodplain limits (A map of Rural and Urban Zones 1, 2 and 3 defined in the 2006 Study is included as Appendix 1). This resulted in approximately 3,100 properties having section149(5) flood planning notations assigned to Council’s property information system. However for the urban areas, defined as Central Urban (Zone 1) in the 2006 Study, no flood planning notations were applied as these areas had been identified for future detailed analysis and the 2006 Study did not analyse pipe infrastructure within the urban catchment areas.

Over the recent years when development applications were considered, Council required applicants to address the overland flow flooding for sites that are affected by overland flow flooding as identified in the 2006 Study. However, in the majority of cases these development sites have not been coded for flood related development controls on their section 149(2) certificates.

These matters caused uncertainty in dealing with property owners and developers. Therefore, there was a need to review the application of section 149(2) and section 149(5) flood planning notations as they relate to the 2006 Overview Study.

With regard to areas affected by the 2006 Study Council officers conducted a review of our policies and practices as they relate to the application of section 149 flood planning notations. This review was undertaken by an internal working group of officers from across Council that have an interest and knowledge in this matter. The working group made recommendations to a Steering Committee of Council Executives, who in turn sought legal advice (see below).

The results and recommendations of this review were presented to the Floodplain Management Working Party and were also presented at Councillor Briefings. It was generally agreed that Council will need to update section149 flood planning notations to address its legislative and “good faith” obligations.

New Flood Studies

In the recent past Council completed and adopted the following three, more detailed, flood studies:

· South Creek Flood Study;

· Penrith CBD Detailed Overland Flood Study; and

· St Marys (Byrnes Creek) Catchment Detailed Overland Flood Study.

Council has now updated the section149(2) flood planning notations for properties identified within the prescribed Flood Planning Area (FPA) (1 in 100y plus 500mm freeboard). As part of this process communication strategies were developed and implemented.

We are in the process of finalising further detailed flood studies in two major urban catchment areas, and plan to roll out more over the next decade. With the adoption of each of these new flood studies, Council will be required to update all relevant property notations accordingly. This is part of the on-going floodplain management program which is being implemented in accordance with the NSW Floodplain Development Manual.

Application of section 149 Flood Notation to areas affected by the 2006 Study

The updating of section149 flood planning notations for those areas affected by the 2006 study remains outstanding. The completion of detailed overland flow flood studies similar to the Penrith CBD Overland Flow Flood Study for the entire LGA would take more than 10-15 years with the current level of funding and resources. And as such based on the legal advice received, until detailed overland flow flood studies are completed for each of the catchment areas within the LGA, as an interim measure the following application of s149 flood planning notations are recommended.

Rural properties [defined as Northern Rural (Zone 2) and Southern Rural (Zone 3) in the 2006 Study]:

a) Apply section149(2) flood planning notations to properties affected by the flood planning level (100 year flood level plus 500mm freeboard) determined by the Overland Flow Flood Overview Flood Study 2006.

b) Remove the existing section149(5) flood planning notations from properties affected by the PMF.

Urban properties [defined as Central Urban (Zone 1) in the 2006 Study]:

a) Apply section 149(5) flood planning notations to properties affected by the Flood Planning Level determined by the Overland Flow Flood Overview Flood Study 2006 except for those areas where detailed flood studies have been completed and section 149 flood notations recently updated.

b) Include an additional “note” within the section 149(2) certificate which will detail any flood related information contained within the section 149(5) certificate (where available). This is to ensure that those purchasing a section 149(2) certificate will have access to this flood planning information.

Legal Services Manager’s Comments – proposed changes to s149 notations

External advice has been sought from Sparke Helmore. The advice is to the effect that Council must take action in order to provide the public with information in order to notify the community and intending property owners of flood risks and to obtain legal protection under the Local Government Act.

Advice has been provided that although the overland flow studies provide a reasonable level of information in respect of flood characteristics in urban areas however there is not absolute precision as one would expect and there is the need to undertake further detailed studies of the given areas.

It is thought that the Council can protect itself by providing notation under section 149(5) in respect of notifying properties up to the flood planning level as estimated from the overland flood studies in the urban areas. It is intended that as more detailed studies are undertaken and the results are known that a notation be made under section 149(2) in a planning certificate.

It has also been suggested that the section 149(5) notations relating to flooding be provided along with the section 149(2) notations in any planning certificate issued by the Council in respect of urban areas. It is believed that this approach is a responsible and appropriate approach taken to providing the community with notations with respect to flooding risks in relation to the overland flow studies.

In rural areas it is thought there is no need to undertake a more detailed study and the information provided in a planning certificate which includes notations under section 149(5) relating to overland flow should be translated to notations under section 149(2).

It is understood that the reason that there is a difference between the rural areas and the urban areas is because the overland flow studies did not take account of the pipe systems that exist in urban areas.

Communication Strategy

It is acknowledged that section149 flood planning notations are a sensitive issue, and we appreciate that property owners affected by any update or addition of section 149 flood planning notations are concerned about the potential impact that such changes may have. That said, Council has its legislative and “good faith” obligations, and must advise current and future owners about the impact of flooding and associated development controls.

It is therefore necessary to develop a communication strategy (similar to recent Penrith CBD and St Marys) for advising property owners affected by the changes. The communication strategy will include:

a) Council write to property owners individually, advising them of the changes in their section 149 flood planning notations.

b) Prepare and distribute a Fact Sheet (Attached) to clarify or answer any possible questions that may be raised by owners. The Fact Sheet will also be made available through Council’s webpage.

c) Assign a staff member and contact telephone line so that any questions or related matters raised by the property owners can be answered.

d) Organise one-to-one discussion if required with those property owners who have any matters related to section 149 flood planning notations which need to be answered or clarified. For this purpose it is proposed that the property owners interested will be asked to register with Council to attend a one-to-one discussion.

Conclusion

A number of flood studies for various catchment areas within the LGA are currently underway and two of those are completed to final draft stage and ready to go to public exhibition in February/ March 2017. Three detailed flood studies have already been completed and adopted by Council. The updating of the section 149 flood notations for those areas affected by the three completed flood studies has now been completed. To meet Council’s legislative and “good faith” obligations Council will need to update the section 149 flood notations to those areas where flood information is available.

In relation to the review of the 2006 Study, the following provides a summary of the approximate number of properties which require updating of their section 149 flood notations.

Property Location	Number of Properties	Current Flood Notation	Proposed Flood Notation
Rural (Zone 2 & 3) in the 2006 Study	3,100	s149(5)	s149(2)
Urban (Zone 1) in the 2006 Study	8,100	None	s149(5)

Of the circa 8,100 properties located within the Urban (Zone 1) in the 2006 Study we have recently updated the catchment areas such as Penrith CBD (about 1,200 properties) and St Marys (Byrnes Creek) (about 1,100 properties). Little Creek Catchment Flood Study and College, Orth and Werrington Creeks Catchment Flood Study are about to go to public exhibition. Once these studies are adopted by Council then section 149 flood planning notations for these catchment areas (Little Creek catchment about 520 properties and College, Orth and Werrington Creek catchment about 1,780 properties) will be completed.

As part of our on-going floodplain management program, we have completed a detailed review of the section 149 flood planning notations as they relate to the Overland Flow Flood Overview Flood Study 2006. The updating of section 149 flood planning notations for those areas affected by the 2006 Study is now recommended. The review completed, the discussions held with relevant Council’s Departments and the legal advice sought indicate that the 2006 Study is considered accurate enough and reasonable for Council to consider updating the section 149 flood notations as discussed in the body of this report to meet its legislative and “good faith” obligations.

RECOMMENDATION

That:

1. The information contained in the report on Section 149 Flood Planning Notations be received.

2. Council apply section149(2) flood notations to rural properties [defined as Northern Rural (Zone 2) and Southern Rural (Zone 3) in the 2006 Study] affected by the flood planning level (100-year flood level plus 500mm freeboard) determined by the Overland Flow Flood Overview Flood Study 2006.

3. Council remove the existing section 149(5) flood notations to rural properties [defined as Northern Rural (Zone 2) and Southern Rural (Zone 3) in the 2006 Study] affected by the Probable Maximum Flood mapped in the Overland Flow Flood Overview Flood Study 2006.

4. Council apply section149(5) flood notations to urban properties [defined as Central Urban (Zone 1) in the 2006 Study] affected by the Flood Planning Level determine by the Overland Flow Flood Overview Flood Study 2006, except for those areas where detailed flood studies have been completed. And that Council include an additional “note” on the section 149(2) certificate to those properties where section 149(5) flood planning notation is applied.

5. Council implement a communication strategy as detailed in the body of the report for advising property owners about the changes to their section 149 flood planning notations.

ATTACHMENTS/APPENDICES

1. ⇩

Map of Rural and Urban Zones Defined in the 2006 Study

1 Page

Appendix

Policy Review Committee Meeting 13 February 2017

Multicultural Working Party - Terms of Reference

Compiled by: Tracy Leahy, Community Programs Coordinator

Authorised by: Erich Weller, Community and Cultural Development Manager

Outcome	We are healthy and share strong community spirit
Strategy	Encourage social connections and promote inclusion in our community
Service Activity	Develop effective responses to the social impacts of growth, redevelopment and change

Executive Summary

This report provides an overview of the proposed Terms of Reference, meeting schedule and process for seeking community members for the Multicultural Working Party.

Up until recently Multicultural NSW had in place Regional Advisory Councils (RACs) as the principal mechanism for consultation between the NSW Government, representatives of multicultural communities and local government.

With recent changes to legislation and their consultative mechanisms Multicultural NSW has disbanded the Nepean Blacktown Regional Advisory Council (RAC) - covering the Penrith, Blue Mountains, Hawkesbury and Blacktown LGAs - and incorporated this region into the West Sydney RAC, covering eight LGAs. Local Government Councillors were previously represented on Regional Advisory Councils, however with the changes local government Councillors cannot nominate for RACs.

In addition, because the West Sydney RAC now covers a much larger region it is also more difficult for community members in the Penrith LGA to be represented on the West Sydney RAC.

Council, at the Policy Review Committee meeting of 14 November 2016, resolved to establish a Multicultural Working Party to enable representatives of multicultural communities to engage with Council and contribute to social inclusion and community wellbeing in Penrith City. At the Ordinary Meeting of 28 November 2016 Council resolved that Councillors McKeown, Hoole and Carney are the Councillors on the Multicultural Working Party.

After Council has endorsed the Working Party Terms of Reference, Council officers will proceed with seeking expressions of interest from community members interested in joining the Multicultural Working Party. A further report will be presented to Council seeking the endorsement of the recommended community members.

The report recommends that the information contained in the report on the Multicultural Working Party - Terms of Reference be received. The report also recommends that Council endorse the Terms of Reference for the Multicultural Working Party at Attachment 1 to this report and a further report be presented to Council seeking the endorsement of the recommended community members.

Background

On a number of occasions this report makes reference to “multiculturalism”. There are a number of different definitions of this term. When using the term, this report utilises the six multicultural principles adopted by the NSW government to guide the development and implementation of multicultural policy. These principles provide a shared understanding of what multiculturalism aims to achieve. The six principles are provided at Attachment 2 to this report. Fundamentally multiculturalism aims to achieve an inclusive and harmonious Australia.

At the 2011 Census 13% of Penrith City’s population were born in a non-English speaking country. This represents almost 24,000 residents. In addition, 15% of our population spoke a language other than English at home.

The principal mechanism for consultation between the NSW Government, representatives from multicultural communities and local government was established in 2001 by the Community Relations Commission of NSW, the advisory agency to the NSW Government on multicultural matters and the wellbeing of culturally and linguistically diverse communities in NSW.

To support this consultation at a regional level the Commission established Regional Advisory Councils (RAC), with the Blacktown Nepean RAC covering four LGAs including the Penrith LGA. Councillor Karen McKeown has been Council’s representative on the Blacktown Nepean RAC for many years. This RAC also included community representatives and the RAC met quarterly to identify issues of regional and local concern, discuss solutions, and where appropriate communicate these to the Community Relations Commission.

The Multicultural NSW Legislation Amendment Act 2014 amended the Community Relations Commission and Principles of the Multiculturalism Act (2000) (NSW). One of these amendments resulted in a change of name for the Community Relations Commission (CRC) to Multicultural NSW. Also as a result of these changes in 2016 the RACs were restructured with the Blacktown Nepean RAC being absorbed into the West Sydney RAC which covers eight LGAs. As a result of this restructure local government Councillors are no longer eligible for nomination with a WSROC staff member representing the LGAs covered by the West Sydney RAC. Of course as there are only eight community representatives on the West Sydney RAC there is less opportunity for community members from the Penrith LGA to be represented. To the best of our knowledge none of the current eight community representatives on the West Sydney RAC are from the Penrith LGA.

As a consequence of the Nepean Blacktown RAC being discontinued Councillor McKeown, during her Mayoral term, received numerous representations from community members for Council to establish a consultation mechanism for the City’s multicultural communities to come together to discuss issues of relevance and community wellbeing. When Mayor, Councillor McKeown also made formal representations to the Hon John Ajaka MLC the Minister for Multiculturalism to retain the Blacktown Nepean RAC and the opportunity for Councillors to be representatives. The then Minister acknowledged Penrith Council’s commitment to enhancing the wellbeing of the City’s multicultural communities and contributing to broader social inclusion. However, the Minister indicated the changes were already well in train and the new structures and process would be retained.

At the Policy Review meeting held on 14 November 2016 a report was presented to Council on Councillor Working Parties. As a result of that meeting Council resolved to establish a Multicultural Working Party. At the Ordinary Meeting of 28 November 2016 Council resolved that Councillors McKeown, Hoole and Carney be the Councillors on this Working Party for the term of the current Council – that is from 2016 to 2020.

Council officers provided an overview on the proposed Terms of Reference for the Multicultural Working Party to Councillors McKeown, Hoole and Carney on 31 January 2017. The next section of this report provides a summary of the draft Terms of Reference.

Terms of Reference

The draft Terms of Reference (ToR) for the Multicultural Working Party are provided as Attachment 1 to this report.

The draft ToR outlines the aim for the Working Party as:

“The Working Party provides advice to Council on issues relating to Multiculturalism and the wellbeing of residents from culturally and linguistically diverse (CALD) backgrounds in Penrith City.”

The draft ToR incorporate a number of objectives which include:

· Providing advice on relevant Council policies and procedures.

· Promoting Penrith as a city that respects multiculturalism and social inclusion.

· Providing a forum where community members from a multicultural background can raise issues of concern.

· Assisting Council in identifying strategies to improve access and social inclusion for people from multicultural backgrounds.

· Supporting Council in providing leadership and advocacy to achieve social inclusion for people from multicultural backgrounds.

The draft ToR also covers operational guidelines including that the Working Party will meet four times per year. The Community and Cultural Development Service will resource and support the operations of the Working Party including preparation of reports.

Lastly the ToR outlines the selection criteria which will support a process by which up to eight community members will be recommended for the Working Party.

Next steps

Once the draft Terms of Reference are endorsed Council officers will commence an Expression of Interest (EOI) process for Community Members in accordance with the Terms of Reference for the Multicultural Working Party. The EOI will be advertised for a four (4) week period over February and March 2017. A concise information pack will be available for community members who are considering nominating for the Working Party.

The opportunity to nominate will be promoted through various media channels including the Mayoral column, Council’s website, social media and distributed through local multicultural services. Council officers will assess the EOIs against the selection criteria. It is expected that a report will be presented to Council’s Ordinary Meeting on 10 April 2017 for the endorsement of the community representatives with the view to holding the first Multicultural Working Party meeting on Wednesday 3 May 2017.

Summary

The Multicultural Working Party – Terms of Reference report provides an overview of the recent changes in the consultative mechanisms recently introduced by Multicultural NSW. These changes have reduced the opportunity for representatives of local multicultural communities to be engaged in the Regional Advisory Council structure established and supported by Multicultural NSW. In addition, Local Government Councillors can no longer nominate for the new Regional Advisory Council structure.

Council has resolved to establish a Multicultural Working Party to ensure representatives of the City’s multicultural communities have a forum in which they can assist Council to be an effective advocate for social inclusion at a local level.

RECOMMENDATION

That:

1. The information contained in the report on Multicultural Working Party - Terms of Reference be received.

2. Council endorse the Terms of Reference for the Multicultural Working Party at Attachment 1 to this report.

3. A further report be presented to Council seeking the endorsement of the recommended community members.

ATTACHMENTS/APPENDICES

1. ⇩	Draft Terms of Reference - Multicultural Working Party	2 Pages	Appendix
2. ⇩	Six Multicultural Principles adopted by the NSW Government	1 Page	Appendix

Policy Review Committee Meeting 13 February 2017

NSW Asian Cup 2015 Legacy Fund

Compiled by: Andrew Robinson, Facilities Manager

Authorised by: Brian Steffen, Executive Manager - City Assets

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Support sport and recreation partners and networks

Executive Summary

The NSW Asian Cup 2015 Legacy Fund grant program has been established by the NSW Government with revenue raised as a result of hosting the 2015 AFC Asian Cup. The grant program is designed to provide funding assistance to community football clubs to partner with local stakeholders to improve the quality, availability and standard of their facilities.

Local Councils are not eligible under the program to apply for funding. However, incorporated clubs, member zones and associations, bodies or other deliverers that are affiliated, recognised and/or sanctioned by Football NSW or Northern NSW Football are eligible to apply as long as they are able to contribute a minimum 50% match funding.

The following projects in the Penrith Local Government Area have been identified by Council Officers and the Nepean Football Association as potential grant applications which meet the stipulated criteria:

Cook Park Improvements, St Marys

Provision of accessible toilet, field reconstruction and kitchenette installation.

Shepherd Street, Potter Fields, St Marys

Floodlight renewal, canteen upgrade and field drainage.

Andromeda Drive Reserve, Cranebrook

Floodlight renewal, canteen upgrade and field reconstruction.

Eileen Cammack Reserve, South Penrith

Floodlight installation and canteen upgrade.

Council Officers have identified that existing budgets are available which can be used as contributing funds for these grant applications.

The deadline for grant applications close on Friday 24 February 2017, and successful projects must be completed within 18 months from the date the funding contract is accepted.

This report recommends that Council receive the information provided and, endorse the allocation of a $300,000 contribution from existing Council budgets and a $130,000 grant to Council from the Federal Government’s Community Development Grant Program, to enable grant applications to be submitted by the football clubs and Nepean Football Association, for the projects that have been identified.

Background

The NSW Asian Cup 2015 Legacy Fund has been announced by the NSW Government this has been established with the NSW Government’s financial surplus from the 2015 AFC Asian Cup.

The types of projects that are eligible to be funded are:

• Community football facility development or enhancement.

• Upgrade existing pitches, amenities or facilities, or for the development and construction of new pitches, amenities or facilities.

• Pitch drainage, irrigation or resurfacing, seating, canteens, lights, fencing, drainage, change rooms, match official amenities or storage spaces

All projects will be assessed against all other projects lodged based on the applicant’s ability to deliver, maintain a budget for the project and meeting the key objectives, these being:

• Improve the quality and/or quantity of community football club facilities.

• Improve the football experience for players, referees, coaches, administrators and spectators.

• Provide opportunities for more participants to play more football, more often

• Improve safety at community football facilities (e.g. upgrade of field to provide a safer playing field, access pathways for players, disability ramps).

• Promote inclusive football opportunities within Clubs (e.g. upgrade of amenities to increase female participation, provision of disability access, upgrade of referee amenities).

• Increase security at community football facilities (e.g. installation of perimeter fencing).

Football clubs and associations must contribute 50% or more of the funding required for their project, and this can include contributions of voluntary labour, donated materials and/or equipment or other resources including Council funding. The Fund may fund up to 50% of the net project costs, with a maximum funding contribution of $150,000 per project. The minimum amount an applicant can apply for is $50,000.

Current Situation

Council Officers have reviewed current and future Building and Parks Asset Renewal Programs, recommendations in relation to the Penrith LGA from Football NSW’s state wide infrastructure audit, as well as held consultation with Nepean Football Association to identify projects as potential grant applications to the NSW Asian Cup 2015 Legacy Fund. The projects proposed are listed on the following page.

Cook Park Improvements - St Marys

The Nepean Football Association has identified the need for the provision of accessible toilet

as there is not one currently provided at the City’s premier football venue for both representative and club competitions.

In addition, the need has been identified to install a kitchenette to replace a previous facility which was removed as it did not meet the required environmental health and fire safety standards. The kitchenette will service the club/meeting room.

Due to the intensity of use of the grounds at the facility, reconstruction of fields 2 and 3 has been identified in Council’s Parks Asset Renewal Program for 2017-2018. The field reconstruction will improve the playing properties of the surface, contribute to the increased sustainability of the fields and create a safer environment in which to participate.

The estimated cost of the accessible toilet, kitchenette installation, and field surface reconstruction is $250,000. Proposed contributing funds for the application total $153,000, including $100,000 which is included in Council’s 2017-2018 Parks Asset Renewal Program and $53,000 from Nepean Football Association. It is proposed that the funding shortfall of $97,000 will be sought from the NSW Asian Cup 2015 Legacy Fund.

Shepherd Street, Potter Fields – St Marys

Football NSW’s Facility Infrastructure Audit identified the need to improve floodlighting, canteen facilities, and drainage at Potter Fields to meet the needs of St Marys Soccer Club with a playing membership of 516.

Council Officers have also reviewed the condition of the canteen and canteen upgrades have been included in 2017-2018 Building Asset Renewal Program.

In terms of floodlighting, as a result of a Federal Government funding commitment at the last election, $130,000, has been allocated to Potter Fields for floodlight renewal. While a significant contribution, to ensure all floodlights are renewed at the venue, a further $60,000 is required.

Improvements to drainage at the venue has also been identified as required by the club, and it is agreed that work to drainage will contribute to a better playing surface and ensure capacity to use the fields is sustainable.

The estimated cost of the project to complete floodlight renewal, upgrade the canteen and install appropriate drainage is $300,000. Contributing funds for the project total $190,000, including $130,000 Federal Government Grant and $60,000 allocated as part of the

2017-2018 Building Asset Renewal Program for the canteen upgrade. It is proposed that the funding shortfall of $110,000 will be sought from the NSW Asian Cup 2015 Legacy Fund.

Andromeda Drive Reserve – Cranebrook

Cranebrook United Soccer Club operate from Andromeda Reserve and have the sixth largest playing membership in the Nepean Football Association, with 579 participants. Increasing the capacity of the fields, through floodlight renewal to accommodate this level of use and ensure player safety has been identified as a recommendation in Football NSW’s facility infrastructure audit.

A canteen upgrade and field reconstruction of the western field at the site has been identified as required by Council Officers and have been included in both the Parks Asset Renewal Program and the Building Asset Renewal Program for 2017-2018.

The estimated cost of the project for the floodlight renewal, canteen upgrade and field reconstruction is $165,000. Proposed contributing funds for the project total $90,000, with $40,000 allocated in the 2017-2018 Building Asset Renewal Program for the canteen upgrade and $50,000 for the field reconstruction from the Parks Asset Renewal Program. It is proposed that the funding shortfall of $75,000 will be sought from the NSW Asian Cup 2015 Legacy Fund.

Eileen Cammack Reserve – South Penrith

Football NSW’s Facility Infrastructure Audit identified the need for lighting upgrades at Eileen Cammack Reserve citing the need for improved safety. Between 2015 and 2016, Jamisontown Soccer Club, operating at Eileen Cammack Reserve, has grown its membership by 11% increasing the need to improve the capacity of the venue to cater for more use and provide safer facilities.

In addition to the need for lighting, Council Officers have identified the need for a canteen upgrade at the Reserve and $50,000 is included in Council’s 2016-2017 Building Asset Renewal Program for this purpose.

The estimated total cost to upgrade the canteen and install new floodlighting at the venue is $100,000. Proposed contributing funds for the project total $50,000 from the 2016-2017 Building Asset Renewal Program for the canteen upgrade. It is proposed that the funding shortfall of $50,000 will be sought from the NSW Asian Cup 2015 Legacy Fund.

City Assets Manager’s Comment

Sourcing funding from the NSW Asian Cup 2015 Legacy Fund grant program will maximise works that can be delivered within the existing Parks and Building Asset Renewal Programs. Identified asset renewal works within the report may not be delivered in the estimated financial year if the funding application is not successful.

Financial Services Manager’s Comment

The NSW Asian Cup 2015 Legacy Fund grant program provides community football clubs with an opportunity to apply for funding to boost Council’s asset renewal programs and help alleviate identified funding shortfalls in the proposed asset improvements.

All of the projects identified either renew, upgrade or improve existing assets and address identified priorities and risks. Importantly current maintenance budgets have been established for each of these projects however future asset renewal requirements for these projects will need to be considered in the longer term.

Conclusion

A contribution of $300,000 from existing Council budgets, and $130,000 from the Federal Government’s Community Development Grant will enable Nepean Football Association and three local football clubs to apply for grants from the NSW Asian Cup 2015 Legacy Fund for projects with an estimated cost of $815,000.

The broad range of projects that have been identified will address need identified by the local clubs, the Nepean Football Association, and Football NSW and will improve the safety and usage capacity of the venues, supporting participation by over 12,500 players training and competing as part of the Nepean Football Association.

RECOMMENDATION

That:

1. The information contained in the report on NSW Asian Cup 2015 Legacy Fund be received.

2. Council endorse the allocation of existing budgets as contributing funds to enable grant applications for projects at:

- Cook Park accessible toilet, kitchenette and field resurface reconstruction. $100,000 from 2017-2018 Parks Asset Renewal Program.

- Shepherd Street, Potter Fields floodlight and canteen upgrades, and field drainage. $60,000 from 2017-2018 Building Asset Renewal Program, and $130,000 from Federal Government’s Community Development Grant.

- Andromeda Drive Reserve floodlight renewal, canteen upgrade and field reconstruction. $40,000 from the 2017-2018 Building Asset Renewal Program and $50,000 from 2017-2018 Parks Asset Renewal Program.

- Eileen Cammack Reserve floodlight and canteen upgrades. $50,000 included in 2016-2017 Building Asset Renewal Program.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Hi All,

Please note that the Policy Review Committee business paper for Monday 14 November 2016 can now be found on our website at the location below:

http://bizsearch.penrithcity.nsw.gov.au/pccbps/

Regards,

Penrith Performing and Visual Arts Ltd - Annual Report

Compiled by: Erich Weller, Community and Cultural Development Manager

Authorised by: Vicki O’Kelly, Executive Manager - Community and Chief Operating Officer

Outcome	We have confidence in our Council
Strategy	Demonstrate transparency and ethical behaviour
Service Activity	Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

Presenters: Ms Hania Radvan – CEO – Penrith Performing and Visual Arts Ltd – Annual Report

Mt Peter Anderson – Chairman – Penrith Performing and Visual Arts Ltd – Annual Report

Executive Summary

This report details the performance of Penrith Performing and Visual Arts Ltd (PP&VA) for the financial year 1 July 2015 – 30 June 2016.

The report recommends that the information be received. The report also recommends that Council endorse the appointment of John Mullane as Director of the Penrith Performing and Visual Arts Ltd as outlined in the report; that Council endorse the changes to the Penrith Performing and Visual Arts Ltd constitution; that Council consider the request from Penrith Performing and Visual Arts Ltd for increased operational funding and identified capital priorities and that Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2016-2017 Annual Report.

Background

Penrith Performing & Visual Arts (PP&VA), established in 2006, brought together Penrith’s leading cultural organisations, individually operating since the seventies, eighties and nineties. Operating on two sites, spanning the Nepean River, PP&VA brings together the development, production and presentation of performing and visual arts all underscored by education and access programs, including the Penrith Conservatorium of Music and Q Theatre programs. The PP&VA also operates the Council-owned physical assets including management of the Penrith Regional Gallery and The Lewers Bequest art collection.

In 2015-16, the PP&VA undertook its work in accordance with its new Strategic Plan developed to guide operations for the period 2016-2018 and which supported a new multi-year funding application to Arts NSW for the same period. Key Strategic Directions and Goals under this plan were reported to Council last year and remain unchanged. A summary of the Strategic Plan is available at: http://thejoan.com.au/about-us/penrith-performing-visual-arts-ltd/ppva-strategic-plan/ for reference.

In late 2015, extending earlier structural changes previously advised, a new establishment and management structure were approved by the Board consolidating several part time positions and varying key support roles by extending responsibilities across both sites. These changes aim to achieve the efficiencies proposed by the Company amalgamation a decade earlier. The changes adopted in December 2015 and, in conjunction with two further resignations, led to a comprehensive recruitment process across the PP&VA in early 2016 and several succession and promotion opportunities within existing staff. A very competitive recruitment process resulted in a strong field of around 150 applicants across the six advertised positions (representing 20% of PP&VA’s staffing resource). Whilst this ‘refresh’ negatively impacted resourcing in the first part of 2016, the strength of the refreshed team has been evidenced in the second half and will continue.

The special governance meeting held by the Board in early 2015 sketched out succession priorities and earmarked constitutional review and modernisation as a priority for future implementation. An amended constitution has been adopted by the Board and recommendations are presented herein for Council’s consideration and approval. Fundamentally these minor changes tidy up anomalies and formally embed current practice paving the way for ongoing succession without changing intent or objectives. Changes have been considered and approved by Council’s governance and legal section prior to adoption by the PP&VA Board of Directors.

Operationally both sites experienced busy and productive years across all aspects of our complex cultural business. The company continues to focus on increasing the depth, quality, diversity and reach of experiences offered rather than merely maintain or increasing numbers. Increasingly PP&VA relies on key cultural and community partnerships to achieve its ambitions and goals. Whilst these offer great opportunity and draw in additional resources and expertise, there is no question that partnerships are more complex to manage and rely heavily on clear and consistent leadership and clear communication to ensure success

Whilst applying for significantly increased funding from Arts NSW, the company received only a modest increase and clear instructions that the majority of its important cultural offerings fell outside of program guidelines (namely Conservatorium, education and presentation offerings as well as supporting community usage). This was known and our application was framed around our creative programs - areas consistently underwritten by Arts NSW funds. However, the message in response to our application was very clear. The focus of Arts NSW funding is on new work, curatorial and production development. These elements are vital to our program. Unfortunately, the not supported aspects are equally important in building a vibrant cultural community within which new work can find an audience and resonate with meaning. We must look to Council and other partners to assist us to continue to deliver the breadth of our program in accordance with the objects and purposes in our constitution.

Artistic Highlights of the Period

This section provides a summary of the artistic highlights during the period. Attachment 1 provides some photo highlights from the Joan and the Penrith Regional Gallery and The Lewers Bequest.

1. The conclusion of the 2015 performing arts seasons including the conclusion of our relaunched subscription offer and the planning and launch of 2016 performing arts seasons including subscriptions – and delivery of January to June 2016 events.

2. The planning and delivery of key celebrations for the Joan Sutherland Performing Arts Centre 25^th Anniversary: La Stupenda Gala Concert event and the Richard Bonynge Music Education Reception

3. The delivery of five seasonal exhibition suites across the period (with an opening and a closing occurring before and after): –

I. Right Here, Right Now – 20 contemporary Sydney painters

II. Flower Show including Desert Song by Tracey Deep; Hot House; Bloom; Seasons

III. Bodies of Work – Deborah Kelly; Sharing the Seeds; Networks; Margo and Gerald

IV. Punuku Tjukurrpa; The Red House; The Beauty of Philanthropy; Margo and Gerald; and

V. I Witness – George Gittoes; Zwolowa; Heth; Margo and Gerald.

4. Winner of the Museums and Galleries NSW IMAGinE Community Engagement Award for the City of Plenty Project.

5. The call for, assessment and delivery of three Summer Studio visual arts residencies and four Q Lab performing arts residencies supporting both emerging and mid-career artists to develop new work and connect closely with our collection, site and programs. Two further Q Lab residencies assessed in 2014/2015 were supported in late 2015.

6. The development and delivery of a world premiere new theatre work ‘Teacup in a Storm’ about the lives of carers in our community, based on Q Tutor Therese Cook’s interview transcripts and crafted by award winning playwright Noelle Janaczewska made by The Q and delivered as part of our 2016 subscription season.

7. Call-out for young artists resulting in 42 applications and involvement of 8 young artists in a re-mixed version of the Euripides’ classic The Bacchae (presented in the Allen Mullins studio in October 2015). Second call out held in 2016, and a further group of young artists worked under the direction of Nick Atkins to develop Leda and the Swan.

8. The Joan included as one of Australia’s top 12 presenters of Indigenous arts in 2015 (Australia Council report).

9. The ongoing curatorial development of Gravity and Wonder with the Museum of Applied Arts and Sciences and Western Sydney University.

10. Independent assessment and delivery of an initial Significance Assessment report on the Penrith Regional Gallery Collection including The Lewers’ Bequest. The report was finalised during this period, and on that basis, an application submitted for Stage 2 Funding (approved) which will result in further work in 2017. This process of ongoing professional research around the Collection is fundamental to its management and promotion. Additionally, significant staff resources were committed to data entry of the Collection into the new Collection Management System, Vernon.

11. The establishment of a dedicated and eponymous Strand within the Penrith Regional Gallery Collection as a result of a significant gift from local art donor, Robyn Gurr, through the Australian Government’s Cultural Gifts Program.

12. Site activation through contemporary music - A stronger focus on providing casual cultural offerings with a strong social focus included the popular Sips and Sounds – held on Friday evenings in October through to March at the Gallery and trialling Winter Night Lights in The Joan’s Borland Foyer for the winter months. Both include a curated program of young local musicians providing quality free entertainment with bar and food available. For these events the Main Gallery remained open and at The Joan the WNL was often a precursor to the evening’s performance in the theatre, its success an indicator of the high value placed on a regular food offering on site. Both events aim to grow employment opportunity and audience for local talent whilst also building arts audiences through increased familiarity with our venues. The goal is to be able to resource more regular casual/free offerings alongside paid and main programs thereby creating valued cultural community lounge rooms for Penrith across our sites.

Education Highlights

1. Penrith Strings year2 – this exciting partnership between The Joan, the Australian Chamber Orchestra and the Penrith Symphony Orchestra was launched in January 2015, having secured two–year funding through the Crown Resorts Foundation Western Sydney Cultural Fund. The program provides opportunities for young string players to extend their skills in an ensemble setting and to be taught by leading Australian professional musicians. In late 2016 the program secured funding for years 3 and 4 (2017 and 2018) which will see it embedded with The Joan’s Conservatorium and bring, Step 2 of working towards establishing a Penrith Youth Orchestra ever closer.

2. The relaunch of Penrith Conservatorium Scholarships and with the financial support of Celestino expansion of musical ensemble programs.

3. A partnership with Aspect (Autism Australia) has also enabled Club Weld to commence locally in the down time of the Conservatorium (that is during school hours). Club Weld provides an opportunity for young people with autism to engage in contemporary pop music performances.

4. Want Not – the Q’s Annual Festival for high schools – Flannofest which involves professional artists working with local students to create new works occurred in June 2016. This well established and popular program has seen further refinement, which will continue into the future – positioning it as an important local initiative in young artist development and as an educational opportunity offered within a professional arts industry context.

5. Early Childhood Professional Development Program– The Gallery has prioritised working in early childhood, piloting a program of professional development for Council’s childcare centre workers in the visual arts. This program continues to be refined and has now been delivered several times.

6. Studio Q including the Access Program, Gallery workshops and individual tuition all continued strongly with a disability film project funded at the Gallery for 2017 reflecting the strength of that area. On a peak week in term time with all ensembles running it is estimated that we have approximately 435 individual music students on site throughout the week at The Joan – or around 13,123 student attendances a year. Interestingly a look at 2015 postcode statistics show that over 75% of these students (including studio drama programs) are from the Penrith LGA across 6 different postcodes and 2,724 sales. In 2017 the ticketing program will finally be extended to the Gallery so that similar data can be drawn on visual arts education patterns and on line booking offered.

Key Operational Matters

1. Operational, HR and business capacity

The organisation has maintained focus on establishing consistent business systems across both sites and standardising processes. This has included locking into a season framework for all presentations, extending staffing in Venue Services to include similar roles at the Gallery to enable a more consistent customer experience and to minimise any perceived WHS risks. This period saw the first full period under the final reviewed organisational structure which completes the move away from historic entities into output teams.

2. Ticketing and access

Analysis of our ticketing database reveals that across all ticketing sales in 2015-16, the top 10 postcodes continues to feature 2750 in the number one spot, with Penrith LGA postcodes continuing to represent just over 60% of tickets sold, and suburbs in the Blue Mountains mainly representing the rest. Interestingly Katoomba (2780) and St Mary’s (2760) come in places 9 and 10 with barely a 0.04 percentage point between them.

Despite occasional challenges, it is clear that internet sales are the predominant buying method – with 18,703 tickets sold to over 5000 bookers to a value of $485,163 through the internet during 2015-16.

3. Community

The Joan continued to support community performing arts hirers by offering reduced rate hires to enable access to our venues and professional ticketing services. Subsidies are offered to non-professional performers and pro-am companies as well as teaching institutions. Key hirers include ongoing regular support to Penrith Symphony Orchestra and Penrith Musical Comedy Company, both of whom rehearse weekly and present regularly at the venue as well as annual support of key events such as the Blue Mountains Nepean Dance Festival and the Band Association of NSW State Championships as well as the annual/biannual school and dance school concert seasons. Whilst the rental is subsidised full recovery is applied to outlays (staff costs) and as we require full compliance with minimum WHS standards for minimum levels we do regularly experience negative feedback on the rising costs and remain out of reach for many. However, as a professional venue this is to be expected – our aim always is to strike the balance between accessibility and professionalism.

New systems are being implemented in 2017 in order to track and communicate the exact value of the discounts applied which are conservatively estimated to cost the Company over $200,000 per annum in waived revenue. There is no doubt however that full cost recovery would prohibit hires and put the Centre beyond the reach of our community. The increasing challenge for the Company is to maintain adequate support whilst ensuring staff, production and performer safety whilst increasing community production values where possible through our professional services. In the face of ongoing technology challenges and air conditioning issues there is strong resistance to any increases in rates, which are nonetheless inevitable. Whilst subsidised the community hires remain a vital component of our annual program, provide a valued community service and are vital to our financial bottom line.

Key actions include:

1. Through partnership with Council, the delivery of $600,000+ Club Grant technical upgrades at the Joan Sutherland Performing Arts Centre resulting in improved sound and lighting facilities for performances.

2. Recruitment and commencement of the Business Manager role.

3. Restructure approved in December 2015 resulting in consolidated departments servicing across sites and dedicated programming teams as well as elevation of Marketing with a strategic managerial role reflecting the importance of audiences and communication.

4. Development and successful implementation of significant recruitment process arising out of the restructure.

5. WHS audit and process overhaul in line with Council requirements.

6. Development of an MOU with Western Sydney University.

7. Attraction of new corporate partners and maintenance and growth of existing partnerships.

8. Redevelopment of data framework for activity and Board reporting.

9. Development of Arts NSW multi-year program application based on the finalised Strategic Plan and confirmation of funding for 2016-18 calendar years

10. Ongoing small grant applications, project delivery and acquittal across all teams including partnership with the NSW Department of Health (Nepean district) for Project Whisper, and the Federal Government Stronger Communities Program for improvements at the Gallery and in the Borland Foyer.

Strategic Opportunities and Challenges

The following issues were of concern throughout 2015/16.

The negotiated maintenance agreement which clarifies the relationship between PP&VA as operators and Council as facility owners is providing the much needed skills and resources to ensure both The Joan and The Gallery as popular and well utilised community cultural assets stay safe, functional, creative and accessible.

Small grants have been obtained through the Stronger Communities Program by the Company to offset the costs of extending the paving at the Gallery (and to install curtains in the Borland Bar at The Joan to reduce glare issues).

Key infrastructure challenges in the period include:

- Restricted access/egress and other negative business impacts from the six month Mondo redevelopment process. With the work now completed, including the seating, movement between the Joan and surrounding facilities is enhanced. There is still some anti-social behaviour in the space on Thursday nights which negatively impacts on the scheduling of programs.

- Overhaul of the HVAC (heating, ventilation and air-conditioning) system at the Joan Sutherland Performing Arts Centre - yet to be completed and causing some inconvenience at times to patrons. We understand the work will be completed in the next few months.

- Significant limitations of Gallery HVAC during summer season – requiring short term hire of de-humidifiers leading to PCC investigation and partial short term repair as well as longer term replacement plan and funding application. We are relieved that Council is in the process of designing a new HVAC system and has received government funding to install it.

Technical - Joan Sutherland Performing Arts Centre

The Club Grants investment in technical infrastructure continued during this period and has resulted in much improved sound and lighting in the Concert Hall. Council officers exhibited much patience and persistence to enable the grant conditions to be fulfilled – and advantageous purchases to be made. We thank Council’s Building Projects Team. However, the Consultant Report to Council written as part of the grants process highlights many issues not met by this first step. The Consultant urged a structured asset management plan be developed as a priority.

Importantly the implementation stage revealed that the original technical list was too ambitious and that certain critical items needing urgent replacement will remain beyond the current project’s capacity. Notably this includes the much needed replacement PA system – an item costing approximately $170,000.

The Consultant reported:

It is timely to consider the suitability of existing facilities in a changed and highly competitive marketplace with greatly increased customer and hirer expectations for comfort and amenity in all public venues.

The current infrastructure will not meet the needs of the Penrith of the future; and the development of residential apartments in the city is an opportunity to create a stand out offering to complement the fact that The Joan is already open until at least 9pm five days a week (rehearsals and conservatorium) and for weekend performances, providing opportunity to grow more diverse offerings, yet this remains beyond current operational capacity and physical configuration. Conversely the Gallery, operating 7 days a week from 8am to 5pm is wearing the effects of much increased visitation and thinly spread staffing.

To this end the Company has considered both program and capital priorities and having approved them in December 2016, has recently provided these to Council’s General Manager for strategic consideration.

Whilst operating successfully, the Company notes increasing pressure within on its ability to successfully and safely resource programs and to meet community expectation. It notes the relatively low Penrith LGA per capita investment in arts and culture, the unusual (but positive) breadth of its programs, and in comparison to arts and cultural programs and centres in the region, particularly Campbelltown.

We urge Council to consider the potential presented by our operations to make further positive impact on this region’s liveability, particularly in the face of current changes and growth in the City.

Strategic Directions

The Company is currently in Year Two of its three-year plan – with the reporting period covering the commencement of the current directions. In review we see we are on track, particularly in our focus to develop artistic opportunity and artist engagements. 2017 sees us offering stipends for resident artists, presenting 2 main stage commissioned works, offering a further opportunity for 3 early career artists through an arrangement with Southlands Shopping Centre, and including previous artistic residents within the exhibition program. 2017 will also see work around the Collection take prominence through the Retrospective, which embeds further artistic residencies building relevance of the Collection to current practice.

Our Governance work continues with adoption of policies and frameworks to ensure transparency and equity across the organisation and in all our business dealings.

2015/16 Financial Result

The financial year end saw a surplus of $45,257 ($27,672 in 2014/15: $64,292 in 2013/14) with a retained surplus for 2015/16 totalling $312,412.

This result reflects the careful management and strict ongoing internal controls to ensure budgets are adhered to particularly given the highly capricious nature of theatrical entrepreneurial delivery.

Whilst this is a good result it is worth noting that, the accepted arts sector benchmark for Reserves and Surpluses (liquid assets) is 20% of turnover (generally considered within the sector as expenses). PP&VA is at 9.3%, or just shy of 50% of the benchmark, given that the majority of Reserves relate to Collection items managed on behalf of Penrith City Council and acquired for the most part through the Australian Government’s Cultural Gifts Program which prohibits sale.

Benchmarks are assessable under both Australian Government and State Government funding programs and therefore it is recommended that the Company seek to grow Reserves over time. The Strategic Plan embeds this intent.

Governance

At the Annual General Meeting held on 26 October 2016, the Company congratulated new Board Member Councillor Kath Presdee and welcomed the re-appointment of Councillors Karen McKeown and Ross Fowler OAM.

The Board also recommended that Mr John Mullane be recommended to Council for Re-appointment to the Board.

At its Special Governance Meeting, held in February 2015, the Board resolved that succession planning was an important issue and devised a plan to be implemented to work in tandem with Council terms, subject to approval by Council of the re-drafted constitution (2016).

The key changes are:

· To remove references to the Company seal (no longer a requirement)

· To changes the word ‘surveys’ to the broader term ‘research’

· To include electronic communication

· To change AGM quorum requirements in line with those of a Board meeting (given that Company membership is restricted to the Board)

· To change Board membership from 15 to ten Directors

· To align terms and enable succession in a manner which also includes consideration for corporate continuity

· To better reflect actual practice and intent within Company processes (e.g. Council terms and appointment timelines).

Key clauses with more than minor changes are reproduced below and highlighted in red for consideration.

Board of Directors

16. Subject to the provisions of clause 19:-

16.1 The Board of Directors may consist of up to ten (10) Directors.

16.2 All of the Directors are to be appointed by the Council. Subject to Article 16.3, the Council shall have the sole discretion as to whom it appoints to the Board of Directors.

16.3 There shall be a Board of Directors of up to ten (10) directors, all of whom shall be appointed by the Council (each director being a natural person and at least 18 years old), consisting of:

(i) Not more than four (4) of the Directors will be Council Directors of whom:
(a) Not more than three (3) are to be Councillors of the Council;
(b) One is to be the General Manager or his/her nominee.

(ii) Up to six (6) other appointed Directors, who shall not be Council Directors.

16.3.1 (i) To provide continuity the members of the Board of Directors, except for the Council Directors including the General Manager or his/her nominee, shall retire on a rotating basis. Council Directors shall be appointed at the first Council meeting following an Election and shall serve for a four (4) year term, or as otherwise determined by Council. At the October 2017 Annual General Meeting all non-Council Director positions shall be vacated and half shall be appointed for two (2) years and half for four (4). Thereafter the members of the Board of Directors, shall retire after they have served on the Board of Directors for four (4) years after appointment or re-appointment to the Board of Directors.

Proceedings at General Meetings

31. No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business. Save as herein otherwise provided, half the number of the current members plus one present in person shall be a quorum, provided that a member is not deemed to be present because the member has given to another member that is present a proxy to act on his/her behalf.

In accordance with these changes, and subject to Council’s approval, PP&VA proposes to run Expressions of Interest for six community Director positions and for membership of both Community art form committees in the first half of 2017, to take effect from the next AGM in October 2017.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Performing and Visual Arts Ltd – Annual Report be received.

2. Council endorse the appointment of John Mullane as Director of the Penrith Performing and Visual Arts Ltd as outlined in the report.

3. Council endorse the changes to the Penrith Performing and Visual Arts Ltd constitution.

4. Council consider the request from Penrith Performing and Visual Arts Ltd for increased operational funding and identified capital priorities.

5. Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2016-2017 Annual Report.

ATTACHMENTS/APPENDICES

1. ⇩

Photos of Highlights from the Joan Sutherland Performing Arts Centre and Penrith Regional Gallery and The Lewers Bequest

2 Pages

Appendix

v	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor/Deputy Mayor
ü	Meeting at which the 2016-2017 Annual Statements are presented
∞	Meeting at which any comments on the 2016-2017 Annual Statements are presented
+	Meeting at which the Annual Report is presented