Council_Mark_POS_RGB

3 May 2017

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 8 May 2017 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 13 March 2017.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 8 May 2017

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016 and Amended April 2017)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

6

 

 

1v

 

 

 

 

4

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

(7.00pm)

23

27#+

 

Policy Review Committee

7.00pm

 

13

13

 

8

 

10

14

11

9

 

11

 

 

 

 

 

 

 

 

 

 

13

 

 

 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

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs.

 


UNCONFIRMED MINUTES

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

ON MONDAY 13 MARCH 2017 AT 7:00PM

PRESENT

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

 

APOLOGIES

PRC10  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Joshua Hoole that apologies be received for Councillor Mark Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 February 2017

PRC11  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the minutes of the Policy Review Committee Meeting of 13 February 2017 be confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

4        Penrith Whitewater Stadium - Annual Report and Board of Directors                       

PRC12  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2017-18.

3.     Council note the re-appointment of Councillor Ross Fowler OAM as Chairman, Helen Brownlee OAM as Deputy Chair and Geoff Hunter as a Director on the Board of Penrith Whitewater Stadium Ltd and the appointment of Brian Steffen as Company Secretary.

 

5        Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors

Councillor Kevin Crameri OAM left the meeting, the time being 7:40pm.                                   

PRC13  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.    The information contained in the report on Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors be received.

2.    Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd until the presentation of the 2017-2018 Annual Report.

3.    Council note the re-appointment of Councillors Ross Fowler OAM, Tricia Hitchen and Greg Davies to the Board of Directors of Penrith Aquatic and Leisure Ltd.

4.     Council write to the CEO of Penrith Aquatic and Leisure Ltd thanking him and his staff for their achievements.

 

Outcome 4 - We have safe, vibrant places

 

1        Neighbourhood Renewal Program North St Marys

Councillor Kath Presdee left the meeting, the time being 7:44pm

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:45pm

Councillor Kath Presdee returned to the meeting, the time being 7:46pm

Councillor Ben Price left the meeting, the time being 8:01pm

Councillor Ben Price returned to the meeting, the time being 8:04pm                                        

PRC14  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Neighbourhood Renewal Program North St Marys be received.

2.    Council endorse the proposed hot spot approach to the management of emerging issues in Oxley Park as outlined in the report.

 

2        Draft Food Trucks on Council Land in the Penrith City Centre Policy

PRC15  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen

That:

1.    The information contained in the report on Draft Food Trucks on Council Land in the Penrith City Centre Policy be received.

2.    Council adopt the Food Trucks on Council Land in the Penrith City Centre Policy.

 

Outcome 5 - We care about our environment

 

3        Draft Terms of Reference for the Resilience Committee                                              

PRC16  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Draft Terms of Reference for the Resilience Committee be received.

2.    Council endorse the Terms of Reference for the Resilience Committee at Attachment 1 to this report. 

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

 

 Outcome 7 - We have confidence in our Council

 

6        Organisational Communication Policy                                                                           

PRC17  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies

That:

1.    The information contained in the report on Organisational Communication Policy be received.

2.    Council adopt the Organisational Communication Policy as appended to the report.

 

There being no further business the Chairperson declared the meeting closed the time being 8:34pm.

    



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

     

Outcome 7 - We have confidence in our Council

 

1        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                       1

 

2        Draft Audit, Risk and Improvement Committee Charter                                                    3

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 2 - We plan for our future growth

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 4 - We have safe, vibrant places

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 6 - We're healthy and share strong community spirit

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

1        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                       1

 

2        Draft Audit, Risk and Improvement Committee Charter                                                    3

 

 

 



Policy Review Committee Meeting                                                                         8 May 2017

 

 

 

1

Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors   

 

Compiled by:               Tersia Wilson, Governance and Council Support Officer

Authorised by:            Adam Beggs, Governance Coordinator  

 

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

      

 

Executive Summary

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 12 months of each term of council. 

 

Council reviews the 252 Policy in accordance to legislative and governance requirements. Amendments to the current 252 Policy comprise minor changes such as the inclusion of legislative and governance requirements, definitions, updating of figures and costs taking into account the latest CPI figures released for the 2016/2017 financial year, current ICT equipment provided to Councillors, the Mayor and Councillor Claim for Expense Form (Appendix A) and an updated summary of financial limits for specific expenses table (Appendix B).

 

This report recommends that Council’s current Policy be amended to ensure that it continues to remain consistent with NSW legislation and the guidelines issued by the Office of Local Government (OLG).  In accordance with section 253(1) of the Act, Council must give public notice of its intention to adopt or amend the 252 Policy allowing at least 28 days advertising for the making of public submissions.

 

Council officers will review the draft Policy after the notification period has concluded, and submit any feedback or substantial changes which may occur back to an ordinary meeting of Council in June 2017.

Current Situation

Council is required to adopt its Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors within 12 months of each term of council.

 

The Act provides that the Chief Executive of the OLG may issue Guidelines in relation to the review and adoption of Council’s Section 252 Policy. Council has previously received advice from the OLG that Council’s current policy is a solid policy which is consistent with the legislation and guidelines.

 

The Guidelines and the advice previously received from the OLG have again been examined to ensure Council’s policy remains contemporary and consistent with the OLG recommendations. A draft 252 Policy that has considered legislation requirements and the OLG guidelines can be found as Attachment 1 to this report. 

 

It is considered that the amendments to the current 252 Policy are of a minor nature and comprise the inclusion of legislative and governance requirements, definitions, updating of figures and costs taking into account the latest CPI figures released for the 2016/2017 financial year, current ICT equipment provided to Councillors, the Mayor and Councillor Claim for Expense Form (Appendix A) and an updated summary of financial limits for specific expenses table (Appendix B).

 

Next Steps

Should Council resolve to adopt the Draft 252 Policy it will be placed on public exhibition for 28 days. At the conclusion of this exhibition period, any submission received will be examined and a report will be submitted to the Council’s Ordinary Meeting in June 2017.

 

Conclusion

The Council’s 252 Policy must be reviewed within 12 months of each term of a council. Given that Council must give at least 28 days’ public notice of its intention to adopt or amend its 252 Policy, it is considered prudent that Council approves the draft Policy, followed by a 28-day public exhibition period, then a report to an ordinary meeting of Council outlining any submissions received.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.    Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.    A further report be presented to an ordinary meeting of Council at the conclusion of the exhibition period.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors

22 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                         8 May 2017

 

 

 

2

Draft Audit, Risk and Improvement Committee Charter   

 

Compiled by:               Stuart Benzie, Internal Audit and Policy Officer

Authorised by:            Matthew Bullivant, Legal Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's reporting system and meeting processes

      

 

Executive Summary

On 25 August 2016 the NSW Parliament passed the Local Government Amendment (Governance and Planning) Bill 2016 (the Bill) which provides that councils must appoint an Audit, Risk and Improvement Committee. The Bill prescribes the aspects of Council’s operations that the Audit, Risk and Improvement Committee must keep under regular review. It is unclear at this time when the new legislation will take effect.

 

Council has an established Audit Committee that operates under an Audit Committee Chart. The Audit Committee has reviewed the current Charter and has endorsed the attached Draft Audit, Risk and Improvement Charter, which takes into account the legislative amendments. The report recommends that the Audit Committee be renamed the Audit, Risk and Improvement Committee and that the attached Draft Audit, Risk and Improvement Committee Charter be adopted.

The Bill prescribes the aspects of Council’s operations that the Audit, Risk and Improvement Committee must be kept under review. Background

On 25 August 2016 the NSW Parliament passed the Local Government Amendment (Governance and Planning) Bill 2016 (the Bill) which, among other things, provides that councils must appoint an Audit, Risk and Improvement Committee.

 

The Bill prescribes the aspects of Council’s operations that the Audit, Risk and Improvement Committee must keep under review. They are:

 

·    compliance

·    risk management

·    fraud control

·    financial management

·    governance

·    implementation of the strategic plan, delivery program and strategies

·    service reviews

·    collection of performance measurement data by the Council, and

·    any other matters prescribed by the regulations.

 

The amendments also require that the Audit, Risk and Improvement Committee is to provide information to the Council for the purpose of improving the Council’s performance of its functions.

 

Council has an established Audit Committee that operates under an Audit Committee Charter. The Audit Committee Charter was originally adopted by Council on 13 November 2006 and has subsequently been amended from time to time as required.  

 

It is unclear at this time when the Internal Audit provisions of the new legislation will take effect. However, to prepare for the changes Council’s Internal Audit Committee has revised the current Charter to take into account the new legislative requirements.

 

Current Situation

 

At its meeting of 14 December 2016, the Audit Committee considered a revised Audit, Risk and Improvement Committee Charter (the revised Charter) and a new multi-year Strategic Internal Audit Plan (the Strategic Audit Plan). The Minutes from the Audit Committee Meeting of 14 December 2016 were reported to Council on 6 February 2017.

 

The meeting was facilitated by Steve Kent (Principal) and Bronwynn Nosworthy (Senior Internal Auditor) from BDO Australia, who were engaged to develop the revised Charter and Strategic Audit Plan. It was intended that the revised Charter would take into account the new legislative requirements and the expert advice of BDO Australia relating to internal audit functions.

 

The Audit Committee workshop resulted in feedback from Audit Committee members that has since been incorporated into the revised Charter.

 

The Audit Committee met again on 22 February 2017. At that meeting the Audit Committee finalised the revised Charter, with further minor amendments, and resolved to refer the Draft Audit, Risk and Improvement Committee Charter to the Council for consideration and adoption. The Minutes from the Audit Committee Meeting of 22 February 2017 were reported to Council on 27 March 2017.

 

Audit, Risk and Improvement Committee Composition

 

The revised Charter proposes an amendment to the composition of the Committee.

 

The revised Charter increases the number external independent members from three to four. This is due to the expanded scope of the Audit, Risk and Improvement Committee functions as required by the legislative changes and follows the advice of BDO Australia that suggests a majority of independent members is preferable. The number of Councillor representatives on the Committee would remain unchanged at three.

 

Conclusion

 

The attached revised Charter is provided to Council’s Policy Review Committee for consideration. The revised Charter takes into account the Internal Audit requirements for local councils, as prescribed by the Local Government Amendment (Governance and Planning) Bill 2016 and has been endorsed by Council’s Audit Committee. It is recommended that the Audit Committee be renamed to the Audit, Risk and Improvement Committee and that the attached Draft Audit, Risk and Improvement Committee Charter be adopted.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Audit, Risk and Improvement Committee Charter be received.

2.    The Audit Committee be renamed the Audit, Risk and Improvement Committee.

3.    The Draft Audit, Risk and Improvement Committee Charter be adopted.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Audit, Risk and Improvement Committee Charter

11 Pages

Attachments Included

   



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 8 May 2017

Report Title:            Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

Attachments:           Draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors



Policy Review Committee Meeting                                                                                       8 May 2017

Attachment 1 - Draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 8 May 2017

Report Title:            Draft Audit, Risk and Improvement Committee Charter

Attachments:           Draft Audit, Risk and Improvement Committee Charter



Policy Review Committee Meeting                                                                                       8 May 2017

Attachment 1 - Draft Audit, Risk and Improvement Committee Charter

 

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