Agenda of Ordinary Meeting - 24 September 2018

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 27 AUGUST 2018 AT 7:03PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Brian Cartwright for the period 27 August 2018 to 29 August 2018 inclusive.

LEAVE OF ABSENCE

193 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee that Councillor Mark Davies be granted Leave of Absence for the period 13 August 2018 to 7 September 2018 inclusive.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 July 2018

194 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the minutes of the Ordinary Meeting of 23 July 2018 be confirmed.

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 1 - Heritage Assistance Fund 2018 – 2019, as he is a patron of Combewood, which is one of the properties listed for consideration of funding in this report.

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less Than Significant in Item 6 - Greater Sydney Sports Facility Fund, as she is on the Executive of the Penrith Giants sporting club, which is a potential beneficiary of the Greater Sydney Sports Facility Fund. Councillor Presdee stated that she would leave the meeting during debate and voting on this matter.

SUSPENSION OF STANDING ORDERS

195 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:08pm.

Mr Edward Read

Item 8 - Proposed Road Closure Part Chesham Street St Marys

Mr Read, an affected neighbour, spoke in opposition to the recommendation. Mr Read stated his concerns regarding closure of the road and expressed his view that it should be widened rather than closed. Mr Read stated his concerns regarding the proposal for high density development and that the road needs to be wider to accommodate additional parking requirements.

RESUMPTION OF STANDING ORDERS

196 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that Standing Orders be resumed, the time being 7:12pm.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 6 August 2018

197 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 August, 2018 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 13 August 2018

198 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 August, 2018 be adopted, with the exception of Items 1, 2 and 3.

2 Report and Recommendations of the Policy Review Committee Meeting held on 13 August 2018 - Item 1 - Housekeeping Amendment to Penrith Local Environmental Plan 2010

199 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1. The information contained in the report on Housekeeping Amendment to Penrith Local Environmental Plan 2010 be received.

2. Council endorses the Planning Proposal provided at Attachment 2.

3. The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council's submission of the Planning Proposal to the Minister for Planning and Parliamentary Counsel.

4. Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the local environmental plan amendment.

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

For	Against
Councillor Kath Presdee
Councillor Robin Cook
Councillor Greg Davies
Councillor Todd Carney
Councillor Aaron Duke
Councillor Karen McKeown OAM
Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor John Thain

2 Report and Recommendations of the Policy Review Committee Meeting held on 13 August 2018 - Item 2 - Planning Proposal for 88-89 Nepean Gorge, Mulgoa

200 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1. The information contained in the report on Planning Proposal for 88-89 Nepean Gorge, Mulgoa be received.

2. Council, in accordance with section 3.35 Planning proposal authority may vary proposals or not proceed of the Environmental Planning and Assessment Act 1979, request the Minister for Planning to determine that the Planning Proposal not proceed.

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

For	Against
Councillor Kath Presdee
Councillor Robin Cook
Councillor Greg Davies
Councillor Todd Carney
Councillor Aaron Duke
Councillor Karen McKeown OAM
Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor John Thain

2 Report and Recommendations of the Policy Review Committee Meeting held on 13 August 2018 - Item 3 - Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood

201 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1. The information contained in the report on Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood be received.

2. Council endorse the attached Planning Proposal, that rezones, reclassifies and amends the minimum lot size for seven lots of public land on the corner of Rodgers Street and Somerset Street Kingswood and submits it to the, Department of Planning and Environment seeking a Gateway Determination.

3. Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

4. An independently chaired public hearing be held in accordance with the requirements of the Environmental Planning and Assessment Act and Regulations.

5. A planning consultant be engaged to independently chair the public hearing.

6. Council resolve that:

a) Lot 143 Rodgers Street (Lot 143 DP 14333) is to provide:

· a pedestrian through link from Rodgers St to Orth St,

· conveyance of overland flow flooding from Rodgers St to Orth St,

and these be incorporated in any future development applications.

b) Any future development considers the relocation of the drainage pipeline that currently bisects the subject land

c) any future development applications for the subject land include the embellishment of adjacent open spaces located at Lots 177 – 180 DP 14333 to achieve a standard of embellishment comparable to release areas and satisfies Council’s objectives of high quality, robust and low maintenance public domain.

7. A report be presented to Council on the submissions received during the public exhibition and the results of the public hearing.

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

For	Against
Councillor Kath Presdee	Councillor Marcus Cornish
Councillor Robin Cook
Councillor Greg Davies
Councillor Todd Carney
Councillor Aaron Duke
Councillor Karen McKeown OAM
Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor John Thain

DELIVERY PROGRAM REPORTS

Outcome 1 - We can work close to home

10 Union Road Project - Negotiation Update

202 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the information contained in the report on Union Road Project - Negotiation Update be received.

Outcome 2 - We plan for our future growth

1 Heritage Assistance Fund 2018 - 2019

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

That:

1. The information contained in the report on Heritage Assistance Fund 2018 - 2019 be received.

2. Council endorse the funding allocation as outlined in the report.

3. The Heritage Assistance Fund be increased to a maximum of $100,000 for the 2019-20 financial year.

2 Western Sydney City Deal - Implementation Plan

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

That:

1. The information contained in the report on Western Sydney City Deal - Implementation Plan be received

2. Council adopt and commit to the Interim Implementation Plan (Attachment 3)

3. Council allocate an initial $300,000 in the 2018-19 Operational Plan from the Financial Management Reserve to deliver on Council’s commitments to the implementation of the Western Sydney City Deal as outlined in this report

4. Council prepare and submit an application to the Liveability Program in accordance with the priorities detailed in this report

5. Council adopt in principle the Relationship Framework for Councils of the Western Parkland Region (Attachment 1)

6. The Chief Coordinator Western Sydney City Deal be advised of Council’s resolution

7. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

Outcome 3 - We can get around the City

3 RFT17/18-31 Concrete and Asphalt Pavement Sawing, Coring and Grinding Services

205 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

That:

1. The information contained in the report on RFT17/18-31 Concrete and Asphalt Pavement Sawing, Coring and Grinding Services be received.

2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

a. Concrete & Asphalt Sawing services be awarded to Mastercut Concrete Aust Pty Ltd.

b. Concrete Footpath Grinding services be awarded to Mastercut Concrete Aust Pty Ltd as the primary contractor and The Australian Grinding Company Pty Ltd as the alternate contractor.

3. Council not accept any tender for the provision of Concrete & Asphalt Coring services.

4. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

Outcome 4 - We have safe, vibrant places

4 RFT 18/19-02 Construction of Andrews Rd Sporting Amenities

206 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on RFT 18/19-02 Construction of Andrews Rd Sporting Amenities be received

2. Sassan Vodjdani Pty Ltd T/A Royal Contractors be awarded the Contract subject to the execution of a formal agreement for the Construction of Grey Gums Oval Amenities for an amount of $177,054.55 excluding GST.

3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary.

5 Penrith Mayoral Challenge 2018 - Cook Park, St Marys

207 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Penrith Mayoral Challenge 2018 - Cook Park, St Marys be received

2. An amount of $8,000 be allocated in equal amounts from each Ward’s voted works towards the cost of fencing Cook Park.

Outcome 6 - We are healthy and share strong community spirit

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6, Councillor Kath Presdee left the meeting, the time being 7:32pm.

6 Greater Sydney Sports Facility Fund

208 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Greater Sydney Sports Facility Fund be received

2. Expressions of Interest be prepared and submitted for projects at the following facilities:

Ched Towns Reserve, Glenmore Park

Boronia Reserve Sports Precinct, St Marys

Jamison Park, South Penrith

Cook Park Sports Precinct, St Marys

Parker Street Reserve, Penrith

Mark Leece Oval, St Clair

St Clair Sports Corridor, St Clair

Greygums Oval, Cranebrook

Leonay Oval, Leonay

Werrington Sports Precinct, Cambridge Park

Dukes Oval, Emu Plains

Mulgoa Rise Sportsground, Glenmore Park

Surveyors Creek Softball, Glenmore Park

Councillor Kath Presdee returned to the meeting, the time being 7:33pm.

Outcome 7 - We have confidence in our Council

7 Organisational Performance and Financial Review - June 2018

209 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Organisational Performance and Financial Review - June 2018 be received.

2. The Organisational Performance and Financial Review - June 2018 as at 30 June 2018, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Performance Report June 2018 for inclusion in the 2018-19 Operational Plan.

8 Proposed Road Closure Part Chesham Street St Marys

Councillor Todd Carney left the meeting, the time being 7:37pm.

Councillor Todd Carney returned to the meeting, the time being 7:38pm.

210 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Proposed Road Closure Part Chesham Street St Marys be received

2. Part Chesham Street, as identified on Appendix 1 be permanently closed in accordance with The Roads Act 1993

3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation

4. The parcel of closed road, once registered and vested in Council, be classified as Operational Land.

9 Summary of Investments & Banking for the Period 1 July 2018 to 31 July 2018

211 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Summary of Investments & Banking for the Period 1 July 2018 to 31 July 2018 be received

2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 July 2018 to 31 July 2018 be noted and accepted.

3. The graphical investment analysis as at 31 July 2018 be noted.

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

RR 1 Left Turn Permitted After Stopping Signs at Traffic Lights

Councillor Marcus Cornish requested that the Local Traffic Committee investigate the viability of providing Left Turn Permitted after Stopping Signs at all traffic lights in the Penrith Local Government area, with a report to be presented to Council providing information on the following:

· Benefit to peak hour commuters

· Benefit to non-peak hour commuters

· Cost savings in land and construction by not having to build slip lanes

· Reduction of stress on our community

· Experience of other countries that use this option and its effectiveness.

UB 1 Request for Leave of Absence

Councillor Ross Fowler OAM requested a Leave of Absence from 6 September 2018 to 16 September 2018 inclusive to attend insurance presentations in the United Kingdom on behalf of CivicRisk Mutual.

212 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

213 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that Leave of Absence be granted to Councillor Ross Fowler OAM for the period 6 September 2018 to 16 September 2018 inclusive.

RR 2 Removal of Mulch - banks of Peachtree Creek

Councillor Kevin Crameri OAM requested a memo reply to all Councillors regarding the removal of mulch left on the banks of Peachtree Creek.

RR 3 Removal of Asbestos - Ladbury Avenue, Penrith

Councillor Kevin Crameri OAM requested a memo reply to all Councillors regarding removal of asbestos from a property in Ladbury Avenue, Penrith, which was recently reported to Council.

Councillor Ross Fowler OAM left the meeting, the time being 7:50pm.

Councillor Ross Fowler OAM returned to the meeting, the time being 7:51pm.

UB 2 Penrith CBD Corporation Celebration Events

Councillor Greg Davies requested that Council allocate an amount of $5,000 from each Ward’s voted works (totalling $15,000) to the Penrith CBD Corporation to assist with costs of celebrating Armistice Day, The Freedom March and the ‘Paint n Pink’ celebration.

214 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

215 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that Council allocate an amount of $5,000 from each Ward’s voted works (totalling $15,000) to the Penrith CBD Corporation to assist with costs of celebrating Armistice Day, The Freedom March and the ‘Paint n Pink’ celebration.

UB 3 Request for Leave of Absence

Councillor Greg Davies requested a Leave of Absence from 11 September 2018 to 4 October 2018 inclusive.

216 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

217 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Aaron Duke that Councillor Greg Davies be granted Leave of Absence for the period 11 September 2018 to 4 October 2018 inclusive.

His Worship the Mayor, Councillor John Thain then vacated the Chair and the Deputy Mayor then took the Chair to consider an urgent business item, the time being 7:52pm.

UB 4 Donation to Charities

Councillor John Thain requested that an amount totalling $7,500 be allocated, in equal amounts from each Ward’s voted works, to match the donation by former General Manager, Alan Stoneham, dividing it equally between Nepean Community and Neighbourhood Services and West Connect Domestic Violence Services.

218 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

The Deputy Mayor, Councillor Tricia Hitchen , ruled that the matter was urgent and should be dealt with at the meeting.

219 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that an amount totalling $7,500 be allocated, in equal amounts from each Ward’s voted works, to match the donation by former General Manager, Alan Stoneham, dividing it equally between Nepean Community and Neighbourhood Services and West Connect Domestic Violence Services.

The Deputy Mayor then vacated the Chair and the Mayor retook the Chair, the time being 7:55 pm.

Committee of the Whole

220 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:56pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 1

2 Assignment of lease from Specialty Fashion Group to Rivers Retail Holdings Pty Ltd - 118 Henry Street, Penrith (Lot 1 DP 113118)

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 4

3 Mulgoa Road & Jane Street Project (RMS) - Amendment to Acquisition and Licence Areas

Outcome 1

4 Union Road Request to Execute the Project Delivery Agreement (Contract) between Fraser Property Group and Council

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 5

5 Status of Compliance and Litigation Activities

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 7

6 Personnel Matter - Communication Protocol

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 6

7 Major Event Proposal

The meeting resumed at 8:21pm and the General Manager reported that the Committee of the Whole met at 7:56pm on 27 August 2018, the following being present

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

CONFIDENTIAL BUSINESS

Councillor Marcus Cornish left the meeting, the time being 7:57pm.

2 Assignment of lease from Specialty Fashion Group to Rivers Retail Holdings Pty Ltd - 118 Henry Street, Penrith (Lot 1 DP 113118)

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney

CW2 That:

1. The information contained in the report on Assignment of lease from Specialty Fashion Group to Rivers Retail Holdings Pty Ltd - 118 Henry Street, Penrith (Lot 1 DP 113118) be received.

2. Council resolve to assign the lease to Rivers Retail Holdings Pty Ltd under the terms and conditions listed within the report.

3. The Common Seal of the City of Penrith be placed on all necessary documentation.

3 Mulgoa Road & Jane Street Project (RMS) - Amendment to Acquisition and Licence Areas

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook

CW3 That:

1. The information contained in the report on Mulgoa Road & Jane Street Project (RMS) - Amendment to Acquisition and Licence Areas be received.

2. Council provide concurrence to the modification to the Compulsory Acquisition of the land and easements as detailed in the report.

3. Council agree to licence the land as detailed in the report for nil consideration.

4. The remaining terms of the agreement remain as per Councils report of the 28 May 2018.

5. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

5 Status of Compliance and Litigation Activities

RECOMMENDED on the MOTION of Councillor Aaron Duke seconded Councillor Robin Cook

CW5 That the information contained in the report on Status of Compliance and Litigation Activities be received.

6 Personnel Matter - Communication Protocol

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Aaron Duke

CW6 That:

1. The information contained in the report on Personnel Matter - Communication Protocol be received.

2. The protocols outlined in the report be adopted.

Councillor Marcus Cornish returned to the meeting, the time being 8:15pm.

7 Major Event Proposal

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

CW7 That:

1. The information contained in the report on Major Event Proposal be received

2. Council endorse the sponsorship package as presented in the report.

3. Council allocate $100,000 from the Financial Management Reserve as a contribution to the event.

4. Council allocate an additional $12,000, in equal amounts from each Ward’s voted works, to fund an allocation of 600 tickets to be distributed by Council to local Penrith residents and also to Council’s partner Council Lachlan Shire.

4 Union Road Request to Execute the Project Delivery Agreement (Contract) between Fraser Property Group and Council

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

CW4 That:

1. The information contained in the report on Union Road Request to Execute the Project Delivery Agreement (Contract) between Fraser Property Group and Council be received

2. The General Manager execute the Project Delivery Agreement (PDA) between Fraser Property Group and Council to undertake the Union Road Carpark redevelopment in accordance with this report.

3. Council commence its PDA responsibilities as Land Owner in accordance with this report.

4. The Common Seal of the City of Penrith be placed on all necessary documentation.

ADOPTION OF Committee of the Whole

221 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:23pm.

Ordinary Meeting 24 September 2018

Mayoral Minute

Year in Review

It’s been a privilege to lead Penrith Council as Mayor for another 12 months. I feel fortunate to have had a two-year term in which to work with fellow Councillors, our staff and community to consolidate our vision for Penrith as a financially sustainable, culturally vibrant and truly liveable city.

I was particularly privileged to sign the Western Sydney City Deal in March on behalf of Council. We are one of eight councils to be part of this landmark agreement between three levels of government. It includes significant funding for local infrastructure as well as the long awaited commitment to fund Stage One of a North South Rail Link. We’ve been advocating long and hard for this vital piece of infrastructure that will connect Penrith residents to opportunities in employment, housing, health, education and recreation.

Indeed, during this Mayoral term, investment in our region, from Government and the private sector, is at an all-time high and proving to be a catalyst for jobs creation. It was announced as part of the City Deal that Penrith would be home to the new National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission headquarters. This will bring 160 jobs to our CBD.

Last month I was part of a ceremony to turn the first sod at the Sydney Science Park site. During construction this massive development will generate jobs across several sectors and, when complete, it is expected to provide 12,000 knowledge jobs.

Plans for the Western Sydney Airport have also gathered pace over the past 12 months. My fellow Councillors and I recently attended a briefing on the draft Land Use and Infrastructure Implementation Plan (LUIIP) for the Western Sydney Priority Growth Area. This growth area encompasses the future airport and is expected to cover more than 11,000ha, create 180,000 jobs and see population growth of 175,000.

These are pivotal times for Penrith and Western Sydney. While the state and federal government are driving much of the change, Council is on the front foot in planning for future communities.

This includes our ongoing work to improve and maintain infrastructure. For example, during this Mayoral term we started essential major works in High Street, completed Triangle Park and appointed the tender for construction of the North Street car park.

It also includes long term strategic planning, such as our work over the past 12 months to develop a housing strategy that focuses on diversity and affordability. In April, following on from collaboration with the State and Federal governments and Wentworth Community Housing, we celebrated the launch of 49 social and affordable housing units in St Marys. In the same sphere, we worked with government agencies and community organisations to host an anti-poverty forum in October and, more recently, an affordable housing forum.

We’re future-proofing our City with initiatives like our Cooling the City Strategy – making Penrith more resilient to urban climate challenges – and we’re also working hard to keep our organisation lean and efficient in the face of expected population growth and the increased pressure that will bring.

This term our Innovative Performance Team has examined our practices, harnessed technology improvements and implemented new systems. In doing so they have contributed to revenue increase and cost avoidance of over $800,000.

We also continue to focus on jobs growth for our population now and into the future. In October we were one of a group of stakeholders that launched The Quarter – a health and education precinct that includes Nepean Hospital, Western Sydney University, TAFE Western Sydney Institute and Sydney University Teaching Hospital and will deliver 6,000 knowledge jobs.

At the Greater Sydney Commission Planning Awards in June, Council and The Quarter won the Planning for Jobs and Skills category. On the same night, our Cooling the City Strategy won the Great Sustainability Initiative category, and the Village Café was commended in the Great Community Collaboration category.

Penrith also continues to “win” a range of major events. We had what was billed as “The Big Weekend” at the end of my previous term as Mayor when we hosted the Matildas vs Brazil match, the Defqon.1 music festival and Penrith Tennis International. In the first month of this term we also welcomed the NSW Golf Open. Together, these four events boosted our economy by nearly $10 million.

The Real Festival and Ballet Under the Stars brought a further $2.5 million and 5,000 visitors to Penrith over one weekend in November, and the momentum continued in February when we welcomed the Queen's Baton Relay, BMX Australia Championships, Canoe/Slalom Australian Open and NSW State Rowing Championships.

In terms of Civic Events, we held our popular Australia Day Celebrations at Jamison Park, staged another successful Re-imagine Ageing Festival in April and were involved in the annual Family Gathering in NAIDOC week. Residents also enjoyed our Cinema in the Park event at St Marys in February and Music by the River in March.

As always, we’ve coordinated, supported and led a wide range of exciting initiatives. This includes launching the inclusive employment scheme Nepean Jobs For All in October last year and supporting the Nepean Disability Expo earlier this month.

Over this term we installed solar panels on an extra 11 facilities, with a combined output of more than 100kW and planted around 1000 trees on public land across the City. Over the past 12 months, our 3-bin system has also allowed us to divert more than 27,000 tonnes of organics from landfill. This adds up to a cost avoidance of $1.7 million. Our sustainability efforts were further showcased in April when we opened the new Jordan Springs Community Hub with Lendlease - one of the most sustainable and energy efficient buildings in the region.

As in previous years, we’ve continued to upgrade existing parks and facilities across our city as well as to collaborate with young people in Penrith to make this happen. In December, we launched a playground in Lincoln Park designed by students from Cambridge Park Public School and another in Oxley Park in February following collaboration with Oxley Park Public School. I recently met with students from St Marys Public School who are working on a playground in Cook Park – contributing to their community and fostering local pride.

Our Neighbourhood Renewal Team has worked with more communities in established areas of Penrith over the past 12 months to revitalise spaces and places through the Magnetic Places Grant Scheme. Recent projects include the Community Colour Up Art Wall in Oxley Park and outdoor gym equipment in Kevin Maley Park, Colyton.

We hosted a Harmony Day walk in March and we worked with a group of local faith leaders to deliver our second Day of Peace earlier this month. It was, once again, a wonderful way to celebrate the diversity of our City and our shared principals of harmony and inclusion.

In terms of Children’s Services, we’ve branched into offering Before and After School and Vacation Care services on local school sites – once again demonstrating our leadership in the field. We also launched a new and vibrant Out of School Hours Centre in the former Emu Plains Library site.

Our Library celebrated its 70th anniversary earlier this year. This wonderful service continues to evolve to meet the changing needs of our community as, I’m proud to say, do each of Council’s 46 services.

I have enjoyed this second consecutive term as Mayor of Penrith City. I would like to thank the community, the deputy Mayor, my fellow Councillors and Council staff for their ongoing support. I look forward to continuing to work together for a vibrant, inclusive and successful Penrith that continues to be a leader in Western Sydney.

RECOMMENDATION

That the Mayoral Minute on Year in Review be received.

Ordinary Meeting 24 September 2018

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 8 August, 2018

PRESENT

Councillor Robin Cook, Dianne Brookes, Allan Windley, Anthony Mulholland, Farah Madon (5.07pm), Councillor Todd Carney (5.50pm)

IN ATTENDANCE

Erich Weller – Community and Cultural Development Manager, Melissa McSeveny – Social Planning Coordinator, Claire Galvin – Disability Inclusion Officer, Hans Meijer – City Assets Manager, Tara Braithwaite – Property Projects Officer, Nathan Ritchie – Property Development Manager, Craig Squires – Fire Safety Supervisor, Pukar Pradhan – Senior Development Assessment Planner, Andrew Moore – Chief Financial Officer.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen, Deputy Mayor.

APOLOGIES

Apologies were accepted from Carole Grayson and David Currie.

CONFIRMATION OF MINUTES - Access Committee Meeting - 13 June 2018

The minutes of the Access Committee Meeting of 13 June 2018 were confirmed.

DECLARATIONS OF INTEREST

Nil.

Erich Weller advised that he would chair the meeting until Councillor Todd Carney arrived. Access Committee members were welcomed to the August meeting.

Farah Madon arrived at the meeting at 5.07pm.

Erich Weller introduced Councillor Robin Cook, a new Councillor, onto the Access Committee.

DELIVERY PROGRAM REPORTS

Outcome 7 - We have confidence in our Council

4 Outdoor Dining Review

Nathan Ritchie and Tara Braithwaite gave a presentation on the Outdoor Dining Review and discussed the draft Outdoor Dining Policy and Guidelines.

Currently in Penrith there are 35 outdoor dining venues, 19 of these are located along the kerbside and 16 are located along the building shoreline. It is recommended that outdoor dining on the kerbside have a clearance of 1.8m.

Council will work with businesses to assist them to understand the rules and regulations, in particular the 16 businesses that have dining tables along the shoreline and are not compliant. The steps to work through will include a legal review, a formal consultation period and Council endorsement of the Outdoor Dining Policy and Guidelines.

During the development of the policy and guidelines Council consulted with key stakeholders including Vision Australia, Guide Dogs NSW, Liquor and Gaming NSW, Roads and Maritime Services, St Marys Town Centre and Penrith CBD Corporation.

Following feedback from the Access Committee, endorsement will be sought from Council to adopt the policy and guidelines and implement them in the City.

Issues discussed by the Committee included:

· If chairs are facing backwards it is difficult for vision impaired people

· Bicycles are obstacles on the footpath

· Under the Australian Standard seating is required to be placed along the kerbside

· The building shoreline is used for navigation by vision impaired people

· Concern regarding the distance of chairs from the food

· Difficulty getting to bus stops

· Chairs to be pushed in to make it easier for people walking on the footpath

· Education to be undertaken with businesses and people in the community

· Difficulty parking along the street near dining venues when chairs are close to the kerb

· Difficulty seeing crossings on High Street

· Sufficient clearance alongside the outdoor dining venues so that a vehicle door can be opened

· Some buildings have barriers which can be an obstacle if they are too close to the kerb or the crossing

· Concern regarding businesses in the main street of St Marys where they take over the whole footpath when selling their wares

· Concern regarding vision impaired people bumping into A-frames

· The weight an outdoor chair can hold - should it be 120kg or 180kg

· The use of the Public Domain Manual regarding the outdoor chairs

· Wheelchair accessible spaces in the outdoor dining areas.

Erich Weller suggested that the Community and Cultural Development Department could have a role in this process by liaising with agencies who work with people with disability and providing support around information dissemination.

Tara Braithwaite advised that the Outdoor Dining Guidelines would be adopted under the Outdoor Dining Policy and if businesses are not compliant with their approvals they will not be allowed to have their permit.

Farah Madon advised that she could not find mention of the Disability Discrimination Act 1992 in the proposed documentation and this should be clearly noted in the guideline document. On page 8 of the guidelines it says that the minimum setback (shared area) next to an accessible parking space is 1.5m. The Australian standard for parking for people with disability, AS2890.6 requires at least 1.6m footpath (shared area) for an accessible parallel parking space. The guideline should therefore be updated to reflect a minimum of 1.6m space.

Farah Madon also suggested referring use of AS1428.1 - Design for Access and Mobility and AS2890.6 - Parking for people with disabilities in the guideline documentation.

Erich Weller thanked Tara Braithwaite and Nathan Ritchie for their presentation.

RECOMMENDED

That:

1. The information contained in the report on Outdoor Dining Review be received.

2. The Access Committee endorse the draft Outdoor Dining Policy and Guidelines being referred to Council for consideration taking into account further investigation of comments minuted at the meeting.

Andrew Moore, Tara Braithwate and Nathan Ritchie left the meeting at 5.39pm.

Outcome 3 - We can get around the City

2 Unfunded Pedestrian Path Paving Requests and NSW Government 'Active Transport Program"

Hans Meijer spoke to his report which was requested at the 13 June 2018 Access Committee meeting. Hans Meijer advised that the report provides a summary of the pedestrian paths and shared paths and details locations of path paving both funded and unfunded.

Hans Meijer advised that it is a challenge to provide pedestrian paths as there is a finite amount of funding for paving. The report also provided information on shared paths. Council has built about 17kms of shared pathways in the last eight years.

Some of the shared pathways built tie in with the Great River Walk and funding this year will also create a link between Jordan Springs and Andrews Road, Cranebrook to an existing shared path to Penrith Station through Thornton.

It was advised that a shared path is 3 metres wide and is for both pedestrians and cyclists. There is signposting and linemarking to indicate that it is a shared pathway.

Issues discussed by the Committee included:

· Concern regarding vision impaired people being startled on the shared pathways

· Query regarding suggesting particular paths or areas to be in the program – advice is that requests can be assessed and included on the list with a priority depending on assessment outcome.

· Upgrades of bus stops

· An example was raised by a committee member at the end of Derby Street – if walk past bus stop with the dog and the dog chooses to walk to the right then get a twisted ankle as there isn’t enough room for both a person and dog to get past. Bus stop upgrades would improve overall access.

Councillor Todd Carney arrived at the meeting at 5.50pm.

Erich Weller thanked Hans Meijer for his very detailed report.

RECOMMENDED

That the information contained in the report on Unfunded Pedestrian Path Paving Requests and NSW Government 'Active Transport Program" be received.

Erich Weller handed over the chair to Councillor Todd Carney at 5.55pm.

Outcome 2 - We plan for our future growth

1 Development Applications Referred to the Access Committee

DA17/0995 - Caddens Precinct Centre Development, O’Connell Street, Caddens

Pukar Pradhan introduced the development application on the Caddens Precinct Centre Development from Western Sydney University. This development application was previously presented to the Access Committee on 13 December 2017. It was advised that since last year the application has been amended to respond to issues raised at that meeting. These include:

· Appropriate accessible pathway connection be provided taking into consideration the level difference between the street and shop building

· Pathways to be designed to cater for wheelchair access

· All accessible parking spaces are to be located close to the entrances of the buildings

· Provision of a changing room/facility in the development.

A letter was received from the architects for the project which responded to issues highlighted at the December Access Committee meeting. It appeared that most issues were addressed but the adult change facility was not provided in the updated plan.

Farah Madon advised that as from May 2019, the BCA (Building Code of Australia) will change and there is a good chance that will mean that many large commercial developments will be required to install an adult change facility in addition to accessible toilets.

Pukar Pradhan advised that he would discuss the provision of the adult change facility with the applicant.

Farah Madon noted that there are now two accessible entry points to the development.

Discussion was held regarding the width of pathways.

RECOMMENDED

That the information contained in the report on Development Applications Referred to the Access Committee be received.

Outcome 6 - We are healthy and share strong community spirit

3 Disability Access Improvement Program 2017-2018

Claire Galvin spoke to the Disability Access Improvement Program 2017-2018 report. The report details the achievements and expenditure for 2017-18 and identifies a preliminary list of the projects proposed for 2018-19.

Pukar Pradhan left the meeting at 6.04pm.

Erich Weller advised that the Nepean Disability Expo will be held on 14 and 15 September 2018. Council is a gold sponsor for this event and an additional $5,000 is provided towards the Expo from Council general revenue.

RECOMMENDED

That the information contained in the report on Disability Access Improvement Program 2017-2018 be received.

GENERAL BUSINESS

GB 1 Nepean Jobs for All Finale Event

Claire Galvin reminded Access Committee members of the invitation sent on 31 July for the Nepean Jobs for All finale event. This event will be held on Thursday 23 August 2018 at 12.00noon in the Penrith Library Theatrette and includes a light lunch. The finale event will launch two short films showcasing two of the businesses that were involved in the Nepean Jobs for All project and subsequently employed a person with disability.

GB 2 Ratha's Place Café

Anthony Mulholland spoke about Ratha’s Place which trains and employs people with disability. The launch of the Café was held on 18 July 2018 with Councillors Hitchen and Davies in attendance.

Anthony Mulholland found Ratha’s Place quite inspirational and suggested that a presentation be made on this project to an Access Committee meeting.

There being no further business the Chairperson declared the meeting closed the time being 6.08pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 August, 2018 be adopted.

Ordinary Meeting 24 September 2018

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 3 September, 2018

PRESENT

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Karen McKeown OAM (Council Representative), Wayne Mitchell – Executive Manager Environment and City Development (Chair), David Lance – Roads and Maritime Services (RMS), Charles Choucair – Roads and Maritime Services (RMS), Senior Constable Stephen Page – Nepean PAC (Police Area Command).

IN ATTENDANCE

Warwick Winn – General Manager, Councillor Marcus Cornish, Steve Grady – Busways, Asith Nagodavithane – Transit Systems NSW, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Stephen Pham – Trainee Engineer, Steven Purvis – Senior Ranger, Bernie Meier – Signs and Linemarking Officer.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 13 August 2018 to 7 September 2018 inclusive.

APOLOGIES

Councillor Aaron Duke (Representative for the Member for Londonderry), Jodie Mallia - Comfort Delgro Cabcharge NSW (Blue Mountains Transit), Catherine Waerner – Road Safety Officer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 August 2018

The minutes of the Local Traffic Committee Meeting of 6 August 2018 were confirmed.

DECLARATIONS OF INTEREST

Deputy Mayor, Councillor Tricia Hitchen declared an interest in Item 3 “Castlereagh Road and Nepean Street, Cranebrook - Proposed 'No Stopping' Restrictions” and informed the Committee that the interest is non pecuniary, not significant.

DELIVERY PROGRAM REPORTS

Outcome 3 - We can get around the City

1 Remembrance Day Service and March - Sunday, 11 November 2018

RECOMMENDED

That:

1. The information contained in the report on Remembrance Day Service and March - Sunday, 11 November 2018 be received.

2. The Traffic Management Plans for the Class 2 and Class 4 Special Events pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events 2006” for the Remembrance Day Service on Sunday, 11 November 2018 be endorsed, subject to the following conditions:

(a) Approval be given for the temporary closure of the following roads for the duration of the event: -

Road

Closure

Opening

High St, between Station and Castlereagh Sts

7.30am

10.30am

Castlereagh St, between High and Lethbridge Sts

Tindale St, between Woodriff and Castlereagh Sts

Woodriff St, between High and Derby Sts

Union Lane, between Station and Woodriff Sts

Master’s Place Car Park

For March - Station St, between Union Rd and Ransley St (Judges car park open from Union Rd)

9.00am (to)

9.45am (from)

9.15am (to)

10.00am (from)

For March - Derby St, between Woodriff and Station Sts

9.00am (to)

9.45am (from)

9.15am (to)

10.00am (from)

(b) A Traffic Management Plan detailing each event, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services for approval prior to the events. A copy of the Roads and Maritime Services approval must be submitted to Council prior to the events.

(d) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, prior to the events. In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed events.

(e) A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the events. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the events.

(f) The event applicant arranges to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

(g) The event applicant must provide advice to Council prior to the events that the event addresses all requirements of the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017.

(h) The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the events, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the events, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

(i) The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the events. Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration. Satisfactory arrangements must be made to address such concerns to allow the events to proceed.

(j) Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the events (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

(k) The event organiser notifies ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed events and submit a copy of the notification to Council prior to the events.

(l) The event applicant notifies private bus companies of the proposed events and submit a copy of the notification to Council prior to the events. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the events.

(m) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

(n) The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(o) The event applicant is to request participants to obey road rules and Police directions during the events.

3. The applicant be advised of Council’s resolution.

4. As a requirement of the RMS "Guide to Traffic and Transport Management for Special Events 2006”, this approval endorsing the traffic management plans are to be considered as Council’s Authorisation to regulate traffic on Council roads.

2 Lyn Circuit, Jamisontown - Proposed Double Barrier Line Marking

RECOMMENDED

That:

1. The information contained in the report on Lyn Circuit, Jamisontown - Proposed Double Barrier Line Marking be received.

2. Consultation be undertaken with affected residents in regards to the proposed double barrier line marking on the bend of Lyn Circuit, Jamisontown.

3. Subject to no substantial objections being received, double barrier line marking be installed for a distance of 40m on the 90-degree bend of Lyn Circuit, Jamisontown as shown in Appendix 1.

4. The resident that reported the matter be advised of Council’s resolution.

3 Castlereagh Road and Nepean Street, Cranebrook - Proposed 'No Stopping' Restrictions

Deputy Mayor, Councillor Tricia Hitchen enquired about the possibility of providing an acceleration lane on Castlereagh Road, Cranebrook to assist vehicles turning right from Nepean Street and heading north on Castlereagh Road.

Adam Wilkinson – Engineering Services Manager advised that Castlereagh Road is a State Road under the control and management of the Roads and Maritime Services (RMS) and advised that he understands there is planning to upgrade this road at a point in the future.

David Lance of Roads and Maritime Services advised that it is likely that warrants for an acceleration lane on Castlereagh Road would not be met. David Lance also advised that Castlereagh Road would also need to be widened to facilitate safe turn path movements for vehicles turning from Nepean Street onto Castlereagh Road.

David Lance advised that the RMS will still investigate Deputy Mayor, Councillor Tricia Hitchen’s request for an acceleration lane on Castlereagh Road.

RECOMMENDED

That:

1. The information contained in the report on Castlereagh Road and Nepean Street, Cranebrook - Proposed 'No Stopping' Restrictions be received.

2. ‘No Stopping’ restrictions be implemented on Castlereagh Road and Nepean Street, Cranebrook as shown in Appendix 1.

3. Council’s Rangers be advised of Council’s resolution.

4. Council write to the Roads and Maritime Services (RMS) on behalf of Deputy Mayor, Councillor Tricia Hitchen requesting them to investigate the provision of an acceleration lane on Castlereagh Road, Cranebrook to assist vehicles turning right from Nepean Street.

5. Deputy Mayor, Councillor Tricia Hitchen be advised of the outcome of the investigation.

4 Rugby Street, Werrington County - Proposed Bus Stop and Relocation of Existing Bus Stop

RECOMMENDED

That:

1. The information contained in the report on Rugby Street, Werrington County - Proposed Bus Stop and Relocation of Existing Bus Stop be received.

2. The proposal for the relocation and addition of bus stops on the southern side of Rugby Street, Werrington County be installed, as shown in Appendices 1 and 2.

3. Busways and the affected properties be advised of Council’s resolution.

5 Station Lane, Penrith - Proposed 'No Parking' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Station Lane, Penrith - Proposed 'No Parking' Restrictions be received.

2. Consultation be undertaken with Roads and Maritime Services (RMS) regarding the removal of unrestricted parking spaces within 1km of Penrith Railway Station.

3. Consultation be undertaken with affected residents, with any substantial objections referred back to the Local Traffic Committee for consideration.

4. Subject to no substantial objections approximately 45m of ‘No Parking’ restrictions be installed along the western side of Station Lane, Penrith as shown in Appendix 1.

5. Councillor Jim Aitken OAM, Council Rangers and the resident that reported the matter be advised of Council’s decision.

6 John Tipping Grove, Penrith - Proposed 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on John Tipping Grove, Penrith - Proposed 'No Stopping' Restrictions be received.

2. Further consultation be undertaken with affected residents in the cul-de-sac at the southern end of John Tipping Grove, Penrith, with any substantial objections to be referred back to the Local Traffic Committee.

3. Subject to no substantial objections being received, ‘No Stopping’ restrictions be installed on John Tipping Grove as shown in Appendix 1 and Appendix 2.

4. Council Rangers and the residents who made submissions to Council be notified of Council’s decision.

7 IRONMAN 70.3 - Sunday, 25 November 2018 - Sydney International Regatta Centre

RECOMMENDED

That:

1. The information contained in the report on IRONMAN 70.3 - Sunday, 25 November 2018 - Sydney International Regatta Centre be received.

2. The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3. Approval be given for the temporary closure of the following roads:

* McCarthy’s Lane, between gate and Castlereagh Road

* Old Castlereagh Road, between SIRC and Castlereagh Road

* Castlereagh Road, between Andrews Road and Springwood Road

* Hinxman Road, between Castlereagh Road and Post Office Road

* Brooks Lane, between Castlereagh Road and Wilshire Road

* Wilshire Road, between Brooks Lane and Jockbett Road

* Jockbett Road, between Wilshire Road and The Driftway

* The Driftway, between Castlereagh Road and Londonderry Road

* Leland Street, between Lugard Street and Old Castlereagh Road

* Lugard Street, between Camden Street and Leland Street

* Borec Road, between Cassola Place and Lugard Street

* Cassola Place, from Borec Road;

from 4.30am to 3.00pm on Sunday, 25 November 2018.

4. The Traffic Management Plan for the “Ironman 70.3 – Sydney 2018” be endorsed, subject to the following conditions:

(a) A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event. A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

(b) The event applicant liaises with NSW Police prior to the event and obtain any approvals if required.

(c) The applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/residents/tenants in the affected streets four weeks prior to the event. Arrangements are to be made for residents who require essential access to/from their properties during the event.

(d) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed event.

(e) A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

(g) The event applicant provide advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 & Work Health and Safety Regulation 2017.

(h) The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of two weeks prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

(i) The event organiser notifies the Ambulance Service of NSW and Fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(j) The event applicant notifies private bus companies of the proposed event and submit a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(k) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report be required to be submitted to the next available Local Traffic Committee meeting.

(l) The event applicant ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(m) The event applicant advises competitors to obey road rules and Police directions during the event.

5. Any proposed speed limit reductions are subject to the separate approval of the Roads and Maritime Services.

6. All works as part of this approval be conducted at no cost to Council.

7. As a requirement of the RMS “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

8. The applicant be advised of Council’s resolution.

8 Luddenham Road, Luddenham - Sydney Science Park Access Road and Intersection - Signage and Line Marking Plan

Charles Choucair and David Lance of Roads and Maritime Services (RMS) requested a copy of the vehicle turning path movements for traffic turning right from Luddenham Road, Luddenham into the Sydney Science Park Access Road due to concerns in relation to the stop line.

Graham Green – Senior Traffic Engineer advised that plans showing the vehicle turning path movements were previously supplied to the RMS for their review.

RECOMMENDED

That:

1. The information contained in the report on Luddenham Road, Luddenham - Sydney Science Park Access Road and Intersection - Signage and Line Marking Plan be received.

2. The signage and line marking plan prepared consultants Cardno for the with Luddenham Road, Luddenham - Sydney Science Park Access Road and Intersection being drawing number 80216007-DA-01-CI-1181, Issue D, dated May 2018, Sheets 01 to 09, be endorsed for implementation, as shown on Appendix 1, subject to Roads and Maritime Services (RMS) concurrence of turning/swept path analysis.

3. All associated signage and line marking be installed in accordance with Australian Standards.

4. All costs associated with the installation of the signage and line marking be funded by the applicant.

5. Adjoining properties be advised of Council’s resolution.

6. Cardno be advised of Council’s resolution.

Councillor Karen McKeown OAM (Council Representative) left the meeting at approximately 9:45am to attend another meeting.

9 Pavey Place & Muncaster Place, Cranebrook - Proposed Part-time 'No Parking' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Pavey Place & Muncaster Place, Cranebrook - Proposed Part-time 'No Parking' Restrictions be received.

2. Part-time ‘No Parking’ (5pm Tues – 5pm Wed) restrictions be installed in the hammer head turning bays at the end of both Pavey Place and Muncaster Place, Cranebrook, as shown in Appendices 1 and 2.

3. Council’s Waste Services and Rangers be advised of Council’s resolution.

10 Bennett Road and Shepherd Street, Colyton - Endorsement of Design Plan AB184

RECOMMENDED

That:

1. The information contained in the report on Bennett Road and Shepherd Street, Colyton - Endorsement of Design Plan AB184 be received.

2. Consultation be undertaken with affected residents regarding Design Plan AB184 dated 15/08/2018 for the proposed installation of speed cushions and their associated advisory signs and line marking at all legs of the roundabout at the intersection of Bennett Road and Shepherd Street, Colyton.

3. Subject to no substantial objections being received, Design Plan AB184 dated 15/08/2018 be endorsed for construction, with funding provided from the 2018/19 National Building Black Spot and Safer Road’s Program.

4. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

REQUESTS FOR REPORTS AND MEMORANDUMS

GENERAL BUSINESS

GB 1 Pendock Road, Cranebrook - Speed Hump Project

David Drozd – Traffic Engineering Coordinator presented a Design Plan (AP112) dated 17 August 2018 for the proposed installation of speed humps and their associated advisory signage and line marking on Pendock Road, Cranebrook.

Adam Wilkinson – Engineering Service Manager sought confirmation that the proposed speed humps will not preclude future bus services on Pendock Road, Cranebrook.

David Drozd – Traffic Engineering Coordinator confirmed that the proposed speed humps will not preclude future bus services on Pendock Road, Cranebrook and they have been designed at a height of 75mm to facilitate buses and future bus services travelling on this road.

RECOMMENDED

That:

1. The information contained in the report on General Business Item 1: Pendock Road, Cranebrook – Speed Hump Project be received.

2. Consultation be undertaken with affected residents regarding Design Plan AP112 dated 17/08/2018 for the proposed installation of speed humps and their associated advisory signs and line marking on Pendock Road, Cranebrook.

3. Subject to no substantial objections being received, Design Plan AP112 dated 17/08/2018 be endorsed for construction, with funding provided from the 2018/19 National Building Black Spot and Safer Road’s Program.

4. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

GB 2 Triangle Park, Penrith - Car Park Redesign

David Drozd – Traffic Engineering Coordinator presented to the Committee Design Plan AH130 dated 17 August 2018 for the redesign of the car park at Triangle Park, Penrith.

Deputy Mayor, Councillor Tricia Hitchen requested an extra accessible parking space be provided in the car park at Triangle Park, Penrith (total of 2 accessible parking spaces).

David Drozd – Traffic Engineering Coordinator advised that Council’s Design and Major Projects team will investigate the provision of an additional accessible parking space in the car park at Triangle Park, Penrith and will amend Design Plan AH130 to reflect a total of 2 accessible parking spaces. The amended Design Plan AH130 will then be circulated to LTC voting members for their support.

RECOMMENDED

That:

1. The information contained in the report on General Business Item 2: Triangle Park, Penrith – Car Park Redesign be received.

2. Consultation be undertaken with affected businesses regarding Design Plan AH130 dated 17/08/2018 (to be amended to include a total of 2 accessible parking spaces) for the redesign of the car park at Triangle Park, Penrith.

3. Subject to no substantial objections being received, Design Plan AH130 dated 17/08/2018 be endorsed for construction, subject to the provision of a total of 2 accessible parking spaces, with funding provided from the Major Projects budget.

4. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

GB 3 John Tipping Grove, Penrith - Request to Investigate Vacant Land to be used to Accommodate Parking

Councillor Marcus Cornish requested an investigation into the vacant parcel of land situated between Mulgoa Road and John Tipping Grove, Penrith to be used to accommodate parking.

RECOMMENDED

That:

1. Council’s Design and Major Projects team be requested to investigate the vacant parcel of land situated between Mulgoa Road and John Tipping Grove, Penrith to be used to accommodate parking.

2. Councillor Marcus Cornish be advised of the outcome.

GB 4 Cranebrook - Request to Investigate Changing all 'Hammer Heads' Cul-De-Sacs into Round Cul-De-Sacs

Councillor Marcus Cornish requested that Council’s Traffic Officers investigate all ‘hammer head’ cul-de-sacs in Cranebrook with a view of changing them into standard cul-de-sacs.

RECOMMENDED

That:

1. Council’s Traffic Officers investigate all ‘hammer heads’ cul-de-sacs in Cranebrook with a view of changing them into round cul-de-sacs.

2. Councillor Marcus Cornish be advised of the outcome.

GB 5 St Mary Spring Festival - Feedback in regards to Bus Operations

Steve Grady of Busways advised the Committee that the St Marys Spring Festival held on Saturday 1 September 2018 went well in regards to bus operations.

RECOMMENDED

That the Committee note the information.

GB 6 Sunday, 30 September 2018 - Changes to Train and Bus Timetables Comes into Effect

Steve Grady of Busways advised the Committee that changes to train and bus timetables comes into effect on Sunday, 30 September 2018 and there will be changes to bus service route 770 travelling from Penrith to Richmond.

RECOMMENDED

That the Committee note the information.

GB 7 The Northern Road, Aspen Street and Tukara Road, South Penrith - Right Turn Movements

Deputy Mayor, Councillor Tricia Hitchen advised the Committee of continued concerns regarding the removal of the median island on The Northern Road, South Penrith adjacent to Aspen Street and vehicles travelling southbound on The Northern Road that are illegally turning right.

Deputy Mayor, Councillor Tricia Hitchen also advised of similar concerns with regards to the removed median island on The Northern Road adjacent to Tukara Road, South Penrith and southbound vehicles on The Northern Road are illegally turning right into Tukara Road.

RECOMMENDED

That:

1. Council write to the Roads and Maritime Services (RMS) on behalf of Deputy Mayor, Councillor Tricia Hitchen requesting that they investigate reinstalling the former median islands or installing temporary bollards at both locations on The Northern Road, South Penrith adjacent to Aspen Street and adjacent to Tukara Road.

2. Deputy Mayor, Councillor Tricia Hitchen be advised of the outcome.

GB 8 Jane Street and Castlereagh Road, Penrith - Left Turn Movements

Bernie Meier – Signs and Linemarking Officer advised the Committee about traffic congestion and unsafe left turn movements occurring at the intersection of Jane Street and Castlereagh Road, Penrith. Bernie Meier advised of instances where vehicles on the right hand turning lanes on Jane Street are conducting illegal left turn movements onto Castlereagh Road.

RECOMMENDED

That:

1. Council write to the Roads and Maritime Services (RMS) requesting that they investigate traffic congestion and left turn movements at the intersection of Jane Street and Castlereagh Road, Penrith during peak hours and adjust the left arrow traffic signal phasing on Jane Street.

2. Council’s Traffic Section be advised of the outcome.

There being no further business the Chairperson declared the meeting closed and the time being 10:15am.

RECOMMENDED

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 September, 2018 be adopted.

Ordinary Meeting 24 September 2018

Election of Mayor

Compiled by: Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Outcome	We have confidence in our Council
Strategy	Be open and fair in our decisions and our dealings with people
Service Activity	Support the Councillors in meeting their obligations and roles as community representatives

Executive Summary

The purpose of this report is for the Councillors to elect a Mayor. This report details the process for the election of a Mayor and the different methods of voting that a Council can resolve to determine how the Mayor is elected. The report recommends that Council determine the method for the election of Mayor if more than one nomination is received.

Background

Section 230 of the Local Government Act, 1993 notes that the term of office of a Mayor elected by Councillors is for a period of 2 years.

Section 290 of the Local Government Act, 1993 requires Council elections to be held during September if this is not the first election of a Mayor within the Council’s term of Office.

Returning Officer

The Local Government (General) Regulation 2005 – Schedule 7 provides that the General Manager (or a person appointed by the General Manager) is the returning officer for the election of a Mayor by the Councillors.

Nominations for Mayor

The Local Government (General) Regulation 2005 (the Regulation) provides for a Councillor to be nominated without notice for election as Mayor. However, the nomination must be in writing by two or more Councillors, one of whom can be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

The nomination is to be delivered or sent to the Returning Officer (General Manager). The nomination form can be delivered or sent to the Returning Officer up until the time of the election being conducted.

Nomination forms have been sent to all Councillors prior to this meeting. Nomination forms will also be available at the meeting if required.

The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

Term of Office of Mayor

The term of Office of the Mayor is two years. Accordingly, the term of Office of the Mayor will be until the next Mayoral Election in September 2020.

Ballot

If only one Councillor is nominated for the Office of Mayor, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by open voting, ordinary ballot or preferential ballot. The election is to be held at the Council meeting at which the Council resolves on the method of voting.

In the Regulation the term “open voting” means voting by a show of hands or similar means, and “ballot” has its normal meaning of secret ballot. In other words, the ordinary and preferential ballots are to be secret ballots.

Ordinary Ballot or Open Voting

If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. The Formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation (copy appended to the report).

Count in the case of 2 candidates

1. If there are only 2 candidates, the candidate with the higher number of votes is elected.

2. If there are only 2 candidates and they are tied, the one elected is to be chosen by lot (more information is provided on this process later in the report).

Count in the case of there being 3 or more candidates

1. If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

2. If 3 or more candidates still remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

3. If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

4. A further vote is to be taken of the 2 remaining candidates.

5. The candidate with the higher number of votes is elected.

6. If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Preferential Ballot

1. The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

2. The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

3. If a candidate has an absolute majority of first preference votes, that candidate is elected.

4. If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

5. A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. At that stage the Councillor is elected as Mayor.

6. An "absolute majority", in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

Tied Candidates

1. If, on any count of votes, there are 2 candidates in, or remaining in the election and the numbers of votes cast for the 2 candidates are equal - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

2. If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer. The slips are folded by the Returning Officer so as to prevent the names being seen. The slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

The result of the election (including the name of the candidate elected as Mayor) is:

1. to be declared to the Councillors at the Council meeting at which the election is held by the Returning Officer, and

2. to be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of the Local Government and Shires Associations of New South Wales.

RECOMMENDATION

That:

1. The information contained in the report on Election of Mayor be received

2. In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Mayor.

ATTACHMENTS/APPENDICES

1. ⇩

Clause 345 of the Local Government (General) Regulation 2005

1 Page

Appendix

Ordinary Meeting 24 September 2018

2018-19 Financial Assistance Grant

Compiled by: Ben Collins, Management Accountant - Budget

Authorised by: Neil Farquharson, Financial Services Manager

Outcome	We have confidence in our Council
Strategy	Manage our money and our assets to be sustainable now and into the future
Service Activity	Support financial sustainability through financial planning and budget management

Executive Summary

This report provides the Council with an update regarding the 2018-19 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received, and the Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2018 Quarterly Review.

Council estimated a 2018-19 Financial Assistance Grant of $11,104,481.00 based on a 2% increase on the prior year Actual Financial Assistance Grant allocation. Advice has now been received confirming Council’s 2018-19 Financial Assistance Grant to be a total of $10.98m. The Financial Assistance Grant consists of two components, a General component ($8.57m) and a Roads component ($2.41m).

The grant is an allocation of a National figure with the allocation to each State determined by its projected share of the population for the General component, and a fixed allocation for the Roads component (29% allocated to NSW). The allocation within each State is then calculated utilising numerous social and economic factors to assess relative need in the local area compared to other areas of the State.

This year’s grant is $165,180 below the estimate for the General component, and $39,877 above the estimate for the Roads component compared to what was included in the 2018-19 Budget. This change in the General component represents an increase of 0.27% on last year’s actual allocation and an increase of 1.00% overall on the combined FAG for 2017-18.

It is proposed that these changes will be incorporated into the September 2018 Quarterly Review to be reported to Council on 29 October 2018 and that this will include adjusting the Roads budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

Background

A significant part of Council’s annual revenue ($10.98m, (4%) in 2018-19) is derived from the Financial Assistance Grant. Local Government Financial Assistance grants are General Purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

The grant to be received in 2018-19 consists of two components (1) a General component ($8.57m) and (2) a Roads component ($2.41m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors. In addition, each year an adjustment is required for the previous year’s grants that takes into account variations in the actual CPI and population shares compared to the estimates used to determine that year’s grants.

As part of a Federal Budget Initiative, the first two quarterly payments to councils were brought forward and paid in June 2018 in order to give councils “the opportunity to start work immediately on projects they have been putting off and to benefit from additional interest on their cash in the bank”.

Current Situation

In the initial stages of preparing the 2018-19 Original Budget, a 2% increase on the 2017-18 actual grant received (excluding adjustments) was factored in for both the General component and the Roads component providing a total Original Budget of $11,104,481.

Advice has now been received confirming Council’s 2018-19 Financial Assistance Grant. The Financial Assistance Grant (FAG) allocated this year is $125,303 less than budget and is comprised of $165,180 less than estimated during the budget process for the General component and $39,877 more than estimated during the budget process for the Roads component.

Financial Assistance Grant 2014-15 to 2018-19 by component

		2014-15	2015-16	2016-17	2017-18	2018-19 Actual	2018-19 Budget
Total Financial Assistance Grant		11,246,955	10,867,181	10,422,533	10,870,772	10,979,178	11,104,481
General Purpose Component		9,015,198	8,609,738	8,171,284	8,543,844	8,566,634	8,731,814
Roads Component		2,231,757	2,257,443	2,251,249	2,326,928	2,412,544	2,372,667

	% Increase on prior year
		2014-15	2015-16	2016-17	2017-18	2018-19
Total Financial Assistance Grant		-2.47%	-3.38%	-4.09%	4.30%	1.00%
General Purpose Component		-3.80%	-4.50%	-5.09%	4.56%	0.27%
Roads Component		3.31%	1.15%	-0.27%	3.36%	3.68%

Financial Assistance Grant 2014-15 to 2018-19 by component

The above table demonstrates the variability of Council’s allocation each year with the average change for the FAG being a 0.9% decrease over the last five years. It is proposed that the Budget be adjusted as part of the September 2018 Quarterly Review to reflect the recent advice on Financial Assistance Grant allocation.

The Local Government Grants Commission has invited special submissions regarding the distribution of Financial Assistance Grants for 2019-20. Council officers have reviewed the calculations provided and identified no areas where the factors contained within the formula were not fairly represented for Penrith. In addition, any variation to the existing factors could potentially have an adverse effect on Council’s grant.

Correspondence from the Local Government Grants Commission regarding the Financial Assistance Grant is attached to this report.

Conclusion

Council’s 2018-19 Financial Assistance Grant will be $10.98m and is $125,303 below the estimate included in the 2018-19 Budget. It is proposed that the Budget be adjusted to reflect this as part of the September 2018 Quarterly Review.

RECOMMENDATION

That:

1. The information contained in the report on 2018-19 Financial Assistance Grant be received.

2. The Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2018 Quarterly Review.

ATTACHMENTS/APPENDICES

1. ⇩	Notification of 2018-19 Financial Assistance Grant	2 Pages	Attachments Included
2. ⇩	Notification of 2018-19 Financial Assistance Grant - Appendices	13 Pages	Attachments Included

Ordinary Meeting 24 September 2018

2017-18 Draft Financial Statements

Compiled by: Daniel Moore, Operational Finance Coordinator

Authorised by: Andrew Moore, Chief Financial Officer

Outcome	We have confidence in our Council
Strategy	Manage our money and our assets to be sustainable now and into the future
Service Activity	Provide accurate information to Council and the community on Council's financial activities

Executive Summary

The draft 2017-18 Financial Statements for Council have been completed and will be presented at this Ordinary Meeting by Council’s external auditor. The Financial Statements are prepared by Council staff, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting.

This report covers:

· Addressing of the meeting by Council’s Auditor;

· Legislative requirements;

· Background to the Financial Policies;

· Budget Performance; and

· Summary of Financial Results.

Addressing of the Meeting by Council’s Auditor

Ms Karen Taylor, Director of Financial Audit Services for the Audit Office NSW, will be addressing the meeting. This is the second year that the Audit Office NSW has been Council’s auditor. Ms Taylor will outline the audit process and provide Council an opportunity to ask questions of the External Auditor.

Legislative Requirements

The Local Government Act requires the following steps:

1. Council officers prepare the Financial Statements;

2. Council issues a statement that the accounts are in order;

3. Council refers the Financial Statements to its auditors for checking;

4. The Auditor returns the Financial Statements with an audit opinion attached;

5. The Financial Statements are placed on public display and the community may make submissions; and

6. The Financial Statements are formally presented during a Council Ordinary Meeting.

Council officers have completed Step 1 by preparing the Statements and this report recommends completion of Steps 2, 3, 4 and 5 at tonight’s meeting. The auditors have received an advance copy of the Financial Statements and have now completed several weeks of their audit program. It is considered appropriate that Council issue the required statement for the 2017-18 accounts.

Current Situation

The Financial Statements have been prepared by Council officers, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The Financial Statements are required to be audited by an independent auditor, and lodged with the Office of Local Government (OLG) before 31 October each year.

An audited copy of the Financial Statements was presented to a meeting of Council’s Audit and Risk Improvement Committee (ARIC) on 5 September 2018. At that meeting, it was resolved that:

“1. The information contained in the report on the Draft 2017-18 Financial Statements be received; and

2. The Audit Committee refers the 2017-18 Financial Statements to Council for signing.”

All Controlled Entity consolidations and final audit adjustments have now been processed and are included in the Financial Statements. The Draft Financial Statements are attached to this report, and a hard copy can be provided upon request.

Summary of Financial Results

The following figures provide a summary of the key results for 2017-18. A final copy of the Annual Financial Statements can be provided, once they have been adopted by the Council. Council’s financial performance is aligned with its continued focus on long-term financial sustainability.

	(All figures are in $’000 unless otherwise stated)
Item	2017-18	2016-17	% Change
Revenue (incl. Capital Income)	273,547	259,176	5.54%
Operating Expenditure	206,069	207,114	-0.50%
Net Operating Result (Surplus/(Deficit))	67,478	52,062	29.61%
Net Operating Result (excl. Capital Inc.)	23,754	17,030	39.48%
Capital Grants and Contributions	43,724	35,032	24.81%
Total Assets	2,103,229	1,915,575	9.80%
Total Equity	1,996,327	1,804,382	10.64%
Total Borrowings (excl. bank overdraft)	50,315	54,388	-7.49%
Cash and Investments	154,979	136,734	13.34%
Key Indicators/Ratios
Unrestricted Current (benchmark >1.5x)	3.01	2.54	21.86%
Rates Outstanding (benchmark <5%)	2.92%	3.01%	-2.99%
Debt Service Cover (benchmark >2x)	3.38	3.16	6.96%

Council’s financial position as at 30 June 2018 reflects a solid performance by Council during the 2017-18 financial year. Council finished the year with a favourable Net Operating Result before Capital Income of $23.8m compared to a 2016-17 surplus of $17.0m.

Unrestricted Current Assets exceed Current Liabilities by a ratio of 3.01:1. This is better than the Office of Local Government’s benchmark of 1.5:1. This ratio is constrained each year by Council’s practice of forward funding s7.11 works in advance of Contributions by borrowings against internal Reserves. For 30 June 2018, these borrowings amounted to $7.01m. Council’s adopted benchmark is 1.25:1 (including Internal Loans). Once this indicator has been adjusted for Internal Loans for Section 7.11 funding against Reserves, the adjusted Unrestricted Current Ratio increases to 3.85:1 which is again better than benchmark and the prior year.

The Rates Outstanding Ratio is an indicator that highlights the effectiveness of Council’s credit management practices. The ratio is 2.92% for the year ended 2017-18 versus 3.01% in 2016-17. Council continues to achieve a ratio better than the below 5.0% benchmark and a ratio slightly better than last year.

Council’s outstanding loan liability has decreased to $50.3m ($54.3m in 2016-17). The Code of Accounting Practice and Financial Reporting Update 22 for 2013-14 amended the indicators used in measuring debt servicing and introduced the Debt Service Cover Ratio. This ratio aims to measure the availability of operating cash to service debt (including interest, principal, and lease payments). The benchmark is greater than 2. For 2017-18, Council’s indicator was 3.38 (3.16 in 2016-17). Council’s weighted interest rate on borrowings has decreased from 4.14% at 30 June 2017 to 3.82% at 30 June 2018 due to the lower costs of capital achieved from the refinancing of loans ($4.4m from the 2017-18 Borrowing Program). Council’s revised Borrowing Strategy has also contributed by reducing the annual Infrastructure Borrowing Program from $2.2m to $1.0m in 2017-18 and in 2018-19 is proposed to be nil. This was achieved two years earlier than originally planned (2020-21). Council continues to use Borrowings to fund an accelerated Infrastructure Program, however Council’s level of debt is continually monitored to ensure it is sustainable without compromising service levels.

Council’s Investment policies and strategies have been effective in producing solid returns on ratepayers’ funds. Council’s average return on investments for 2017-18 is 2.53% (2016-17 – 2.72%), which has outperformed Council’s benchmark (90 day BBSW) of 1.82%.

Key Financial Indicators/Ratios

Code Update 22 for 2013-14 included updated indicators which have again been included in the attached 2017-18 Draft Financial Statements.

· Operating Performance – measures Council’s achievement of containing Operating Expenditure within Operating Revenue. Capital Grants and Contributions, Fair Value adjustments and reversal of Revaluation decrements are excluded. The benchmark is greater than 0%. In 2017-18, Council’s indicator was 7.13% (7.41% in 2016-17) which is better than the Benchmark and prior year.

· Own Source Operating Revenue – is the degree of reliance on external funding sources such as Operating Grants and Contributions which can be an unreliable form of income. The benchmark is greater than 60% - a higher percentage means Council receives more of its revenue from Rates, Fees and Charges, and is less reliant on Grants and Contributions. In 2017-18, Council’s indicator was 74.12% (71.89% in 2016-17) which is better than the Benchmark.

· Debt Service Cover – measures the availability of Operating Cash to service our debt including interest, principal and lease payments. The Benchmark for this indicator is greater than 2. For 2017-18, Council’s indicator was 3.38 (3.16 in 2016-17) which is better than Benchmark and prior year.

· Cash Expense Cover – indicates the number of months a council can continue paying for its immediate expenses without additional cash inflow. The Benchmark is greater than 3 months. Council’s indicator for 2017-18 was 7.58 months (6.49 months in 2016-17) which is better than Benchmark and prior year.

2017-18 Budget Performance

Council’s June Quarter and Year End Review was reported to the Ordinary Meeting of Council held on 27 August 2018. Commentary relating to Council’s performance was provided in the “Organisational Performance and Financial Review – June 2018”. The Budget result for 2017-18 was a small surplus of $297,126 which was transferred to Reserve to provision for contingencies, resulting in a balanced budget position. Over the course of 2017-18 favourable budget variations have enabled Council to provision for current and emerging priorities, including priority resource requests and in the June 2018 Quarterly Review a further allocation of $2.1m was made to various Reserves.

The June 2018 Review of the 2017-18 Operational Plan is available on Council’s website, and a hardcopy version is available to the public upon request.

Key factors in the production of this year’s Financial Statements are discussed below.

Fair Value

Council concluded its move to Fair Value in the 2010-11 Financial Statements with the revaluation of Community Land. The OLG issued Circular (12-09) and confirmed the revaluation cycle of IPP&E to a maximum 5-year cycle (unless Council assesses there has been material changes to the valuations beforehand). The dates for the next round of valuations are listed in the table below:

Asset Class	Due
Roads, Bridges, Footpaths, Drainage	30 June 2020
Property, Plant and Equipment; Operational Land; Buildings	30 June 2023

Operational Land was revalued as part of the preparation of Councils’ 2016-17 Financial Statements. The revaluation of these assets was completed by an external valuation company. An internal review of the provided valuations was also conducted by Council’s Property Development Department, as recommended by the Audit Office NSW. The internal review identified numerous inconsistencies with the valuations provided and recent market trends. Due to the large discrepancy, Council opted not to book the valuations for Operational Land in 2016-17.

Council provided feedback to the valuer regarding the large discrepancies and asked for a review of the values to be conducted. Revised valuations were provided for Councils Operational Land which was subjected to review by the Audit Office NSW. The revised values were booked in the 2017-18 financial year and resulted in an increase of $115.9m for Councils Operational Land.

Council’s Infrastructure Assets

During 2014-15 JRA was commissioned to provide a report to Council on its Infrastructure Assets. JRA provided their “Infrastructure Assessment Report” in June 2015. This report found that Council’s Infrastructure Backlog presents a manageable financial risk, with the Infrastructure Sustainability targets under Fit for the Future being achievable in 5 years with a budget allocation of $75m of the forecasted $130m in asset growth directed to asset renewal over the next 10 years. Under this scenario, priority is allocated to maintenance, then high risk renewal to optimise service and life cycle costs – as the amount of deferred renewal decreases, the amount of maintenance also reduces. This scenario and impacts are reviewed on an annual basis.

Under this approach, the backlog calculated in SST is aligned with community expectations for affordable levels of service and remove upgrade / expansion amounts. Special Schedule 7 - “Report on Infrastructure Assets” - in the Financial Statements has retained this methodology for 30 June 2018. The estimated cost to Bring to Satisfactory Standard (BTS) stands at $14.4m as at 30 June 2018.

There are several indicators/ratios that are also shown in Special Schedule 7:

o Infrastructure Renewals Ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating. Council’s indicator in 2017-18 was 48.39% (45.47% in 2016-17). The Benchmark is greater than 100%. Achieving the 100% Benchmark is the long-term target for Council and and includes significantly increased funds from 2018-19.

o Infrastructure Backlog Ratio – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2017-18 was 1.13% (1.08% in 2016-17). The Benchmark is less than 2% and Councils actual result is better than the benchmark.

o Asset Maintenance Ratio – compares the actual versus required annual asset maintenance. A ratio of above 1.0 indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. The Benchmark is greater than 1.0. Council’s indicator for 2017-18 was 0.99, slightly below the Benchmark (1.01 in 2016-17) and therefore this ratio is one which requires ongoing focus from the Council.

Crown Land

Under Section 53 of the Local Government Act 1993, Crown reserves under Council’s care and control are to be recognised as assets of the Council. While ownership of the reserves remains with the Crown, Council retains operational control of the reserves and is responsible for their maintenance and use in accordance with the specific purposes to which the reserves are dedicated as per the Crown Land Management Act 2016.

During the preparation of the 2017-18 Financial Statements, it was brought to Council’s attention by the Audit Office of NSW that the land values for the Crown Reserves were materially understated (as is the case with many NSW councils). The Crown Land was revalued for 2017-18 based on the Valuer Generals valuations, which resulted in the increase in Community Land value by $7.51m. The additional revaluation increment of $7.51m for Crown Reserve brings the total Net Carrying Amount of Community Land to $204.18m. There is no impact on the Operating Result for the 2017-18 Financial Year.

Useful Lives and Residual Values

In response to the increases to Council’s Depreciation expense, a review was conducted in the lead up to the 2012-13 Financial Statements preparation of the useful lives and residual values of Council’s Building, Roads, and Drainage assets. This resulted in a significant decrease in the Depreciation expense and is a more realistic representation of the consumption of these assets. This methodology will also continue to be used in the 2017-18 Financial Statements as required and will be adopted as the accounting treatment for all new future assets in these asset classes. Council will be conducting a further review of the useful lives and residual values of Council’s Building, Roads and Drainage assets for the 2018-19 financial year.

In accordance with AASB 116 Property, Plant and Equipment, AASB 13 Fair Value Measurement and under advice from the Audit Office NSW, Council has removed the residual values on Road and Drainage assets. The Australian Accounting Standards Board circulated a Tentative Agenda Decision which outlined “residual value is only recognised in circumstances when an entity expects to receive consideration for an asset that is at the end of its useful life and, accordingly, would not include the cost savings from the re-use of in-situ materials”. Council has concluded that Road and Drainage assets do not meet the criteria to enable the assets to hold a residual value. The removal of the residual values from Road and Drainage assets resulted in a $450,000 increase in the Depreciation expense for the 2017-18 financial year and an estimated increase of $2.7m for 2018-19.

Investment Properties

Council initially booked its Investment Properties in the 2004-05 Financial Year. At this point Council’s Investment Property portfolio was valued at $9.0m. These properties are assessed and valued in line with market conditions, using a registered Valuer each year. Any gains or losses are booked to the Income Statement.

For 2017-18, Council engaged IPV Valuers to conduct a full revaluation of its Investment Properties. These revaluations resulted in a $7.43m increase to this asset class, with total Investment Properties currently standing at $34.46m.

Changes to Note Numbers and Titles

There have been several changes to note numbers and titles in Code Update 26. These changes are reflected in Councils’ 2017-18 Financial Statements.

New Accounting Standards

The AASB issued three new Accounting Standards that will come into effect in the near future that may have an impact on Councils Financial Statements. The Accounting Standards and their effective date for Council are as follows:

· AASB 9 – Financial Instruments – 30 June 2019

· AASB 15 – Revenue from Contracts with Customers – 30 June 2019

· AASB 16 – Leases – 30 June 2020

The purpose of these new Accounting Standards is to align the AASB Standards with International Financial Reporting Standards (IFRS). Compliance with the above three new standards results in compliance with IFRS.

Reference to these new standards is made in Note 1 of Council’s Financial Statements for 2017-18. Council staff will conduct an impact analysis to assess the impact of the above-mentioned Standards on Councils’ Financial Statements and will be implementing systems and processes to capture the required data. Council will also communicate the impact of the new Accounting Standards to the Audit, Risk and Improvement Committee at the December 2018 Meeting.

Summary

The 2017-18 Annual Financial Statements are nearing completion. Council’s Financial Position as at 30 June 2018 reflects the strong performance of Council during the year. All significant Financial Performance Measures are in line with expectations and Council’s short-term Financial Position remains sound. After allowing for $43.7m of Capital Grants and Contributions, Council finished the year with a surplus from ordinary activities of $67.5m and $23.8m excluding Capital Grants and Contributions.

RECOMMENDATION

That:

1. The information contained in the report on 2017-18 Draft Financial Statements be received.

2. Pursuant to s413(2)(c) it is the Council's opinion that:

a. The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b. The Financial Statements present fairly the Council's financial position as at 30 June 2018 and the operating result for the year then ended.

c. The statements are in accord with Council's accounting and other records.

3. Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a. The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b. The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c. The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4. The Statements be forwarded to Council's Auditors.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Combined Financial Statements

109 Pages

Attachments Included

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 (May 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 2017-2018 Annual Statements are presented
∞	Meeting at which any comments on the 2017-2018 Annual Statements are presented
+	Meeting at which the Annual Report is presented