Agenda of Ordinary Meeting - Monday, 24 August 2020

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 27 JULY 2020 AT 7:03PM

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Ross Fowler OAM read a statement advising that Council Meetings are recorded and webcast.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by His Worship the Mayor, Councillor Ross Fowler OAM.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Karen McKeown OAM, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies (arrived 7:08pm), Mark Davies (arrived 7:05pm), Aaron Duke, Tricia Hitchen, Kath Presdee and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 June 2020

143 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Karen McKeown OAM that the minutes of the Ordinary Meeting of 22 June 2020 be confirmed.

Councillor Mark Davies arrived at the meeting, the time being 7:05pm.

DECLARATIONS OF INTEREST

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 – Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade as his wife is the State Member for Mulgoa and was involved in the granting of the funds for this upgrade. Councillor Mark Davies stated that he would not take part in debate or voting on this item.

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – COVID-19 Community Recovery Fund - Projects recommended for funding as he is a Director of an organisation recommended to receive funding under this program.

Councillor Mark Davies stated that he would not take part in debate or voting on this item.

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 – Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade as he is an employee of the Minister for Sport, who administers this grant. Councillor Bratusa stated that he would not take part in debate or voting on this item.

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 – RFT19/20-26 Mark Leece Amenity Upgrade as he is an employee of the Minister for Sport, who administers the grant for this project. Councillor Bratusa stated that he would not take part in debate or voting on this item.

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest - Significant in Item 21 – Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement as he is the Auditor for this organisation. Councillor Fowler stated that he would leave the meeting during consideration of this item.

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 21 – Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement as he is a Director of this organisation. Councillor Thain stated that he would not take part in debate or voting on this item.

Councillor Greg Davies arrived at the meeting, the time being 7:08pm.

Mayoral Minutes

1 Penrith City Council Recognised in NSW Local Government Awards

144 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Penrith City Council Recognised in NSW Local Government Awards be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 6 July 2020

145 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 July, 2020 be adopted, with the exception of General Business Item 1 - Station and Reserve Streets, Penrith - Endorsement of Design Plan AS244 (dated June 2020) which is to be deferred to enable further consultation with Councillors.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

1 Draft Penrith Section 7.12 Development Contributions Plan for non-residential development

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

That:

1. The information contained in the report on Draft Penrith Section 7.12 Development Contributions Plan for non-residential development be received

2. Council adopt the draft Penrith Section 7.12 Development Contributions Plan as outlined and attached to this report.

3. The Plan be brought into effect in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

4. Details of Council’s decision be provided to the author of the submission received.

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 John Thain
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Mark Davies
Councillor Brian Cartwright
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Ross Fowler OAM

2 Penrith Developer Infrastructure Agreements Policy

147 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Penrith Developer Infrastructure Agreements Policy be received.

2. Council endorse the draft Penrith Developer Infrastructure Agreements Policy for public exhibition for a period of 28 days and advertise the exhibition on Council’s website and local newspaper.

3. A further report be provided to Council providing a review of any submissions received during the exhibition period.

3 Submission to NSW Flood Prone Land Package

148 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen

That:

1. The information contained in the report on Submission to NSW Flood Prone Land Package be received.

2. Council endorse the submission provided as Appendix 1 to be forwarded to NSW Department of Planning, Industry, and Environment for their consideration.

4 Submission to the Discussion Paper: A Housing Strategy for NSW

149 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Submission to the Discussion Paper: A Housing Strategy for NSW be received

2. Council endorse the draft submission at Attachment 2 allowing it to be sent as a final submission to the Department of Planning, Industry and Environment on the Discussion Paper: A Housing Strategy for NSW, May 2020

Outcome 3 - We can get around the City

5 Road classification review and transfer

150 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Road classification review and transfer be received

2. Council write to Local State Members to seek their support for the proposed Road Re-classifications as detailed in the report.

3. The NSW Government be requested to work with Western Sydney Councils to establish a future road hierarchy to support the Western City and through same, establish a classification framework which provides certainty of funding, ownership and maintenance for the growth area road network.

Outcome 4 - We have safe, vibrant places

6 RFT19/20-42 Kingswood Pedestrian Lighting

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

That:

1. The information contained in the report on RFT19/20-42 Kingswood Pedestrian Lighting be received

2. The Tender from Stowe Australia Pty Ltd for the amount of $358,320 (excluding GST) and tender options one $151,880, and option four $50,310, for a total of $560,510 (excluding GST) be accepted for RFT19/20-42 Kingswood Pedestrian Lighting, Kingswood.

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

Outcome 6 - We are healthy and share strong community spirit

7 Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade

152 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade be received

2. Council accept the award of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park.

3. Council write to the Minister for Sport, and the State Member for Mulgoa, thanking them for their ongoing support and the grant.

4. Council enter into a funding agreement with the NSW Government for the sum of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park.

8 COVID-19 Community Recovery Fund - Projects recommended for funding

153 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on COVID-19 Community Recovery Fund - Projects recommended for funding be received.

9 Gipps Street Recreation Precinct Masterplan

154 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Gipps Street Recreation Precinct Masterplan be received

2. The Masterplan for Gipps Street Recreation Precinct be adopted.

3. Council officers involved in the preparation of this Masterplan be thanked for their efforts.

10 RFT19/20-26 Mark Leece Amenity Upgrade

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

That:

1. The information contained in the report on RFT19/20-26 Mark Leece Amenity Upgrade be received

2. The proposal and Lump sum price from Westbury Constructions Pty Ltd of $1,195,742 excluding GST be accepted for the Construction of the Mark Leece Amenity Upgrade, St Clair.

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

Outcome 7 - We have confidence in our Council

11 Audit, Risk and Improvement Committee

156 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown OAM that the information contained in the report on Audit, Risk and Improvement Committee be received.

12 Closure of Temporary Road and Transfer - Lot 210 DP1157160 Pandorea St Claremont Meadows

157 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Closure of Temporary Road and Transfer - Lot 210 DP1157160 Pandorea St Claremont Meadows be received

2. Lot 210 DP1157160 be transferred to Arella Group Pty Ltd in accordance with the terms listed within the report.

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

13 Acceptance of Grant Funding - Local Roads and Community Infrastructure Program

158 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Acceptance of Grant Funding - Local Roads and Community Infrastructure Program be received

2. Council accept the grant funding of $1,522,275

3. Council endorse the Work schedules as listed in the report

4. Council write to The Hon Michael McCormack MP, Deputy Prime Minister - Minister for Infrastructure, Transport and Regional Development and The Hon Mark Coulton MP - Minister for Regional Health, Regional Communications and Local Government thanking them for the funding.

14 Transfer of Lot 4 DP 271141 to Council for Public Road Purposes

159 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1. The information contained in the report on Transfer of Lot 4 DP 271141 to Council for Public Road Purposes be received

2. Council accept the transfer of Lot 4 DP271141 on the terms and conditions listed within the report.

3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

15 Chesham Street St Marys - Proposed Plan of Subdivision for Road Dedication Purposes

160 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney

That:

1. The information contained in the report on Chesham Street St Marys - Proposed Plan of Subdivision for Road Dedication Purposes be received

2. A plan of subdivision be prepared in accordance with the contents of this report and the appended Proposed Subdivision Layout, and the encroachment into Glossop Street and area to the north of the cul de sac required for road verge be dedicated to the public as public road.

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

16 Lot Consolidation - Colyton Neighbourhood Centre - 30 Jensen St Colyton

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

That:

1. The information contained in the report on Lot Consolidation - Colyton Neighbourhood Centre - 30 Jensen St Colyton be received.

2. Council approve the consolidation of Lots 7 and 8 in Deposited Plan 244431.

3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

17 Variation to Easement and 88b Instrument - 128 Andrews Road Cranebrook

162 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Variation to Easement and 88b Instrument - 128 Andrews Road Cranebrook be received.

2. Council approve of the changes as set out in the Variation of Easement document as it pertains to Lot 3 DP747153 and on the terms listed within the report.

3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

18 RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith

163 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith be received.

2. The proposal and lump sum price from Reld Group Pty Ltd for the amount of $173,984.80 excluding GST be accepted for the roof sheeting and ancillary works at 6 Peachtree Road, Penrith.

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

19 Local Government NSW Annual Conference 2020

164 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Local Government NSW Annual Conference 2020 be received.

2. Councillors Kath Presdee, Greg Davies, Karen McKeown OAM, John Thain, Kevin Crameri OAM, Tricia Hitchen, Bernard Bratusa, Brian Cartwright and Ross Fowler OAM be Council’s voting delegates for motions to attend the 2020 LG NSW Conference being held at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020.

3. Councillor Robin Cook be nominated as an observer to attend the 2020 LGNSW Conference.

4. Leave of absence be granted as appropriate for those Councillors attending the conference.

5. Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2020 Local Government NSW Conference.

6. A motion be drafted for the LGNSW Conference reviewing the roles of Councillors in their community and their authority.

20 Road Dedication Wolseley Road and Gibbes Street Jamisontown

165 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on Road Dedication Wolseley Road and Gibbes Street Jamisontown be received

2. Council support the dedication of the sections of Wolseley Road and Gibbes Street as outlined in the report, in accordance with section 16 & 17 of the Roads Act 1993

3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 21, His Worship the Mayor, Councillor Ross Fowler OAM left the meeting, the time being 7:52pm.

The Deputy Mayor, Councillor Karen McKeown OAM then took the Chair.

21 Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement

166 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement be received.

2. Council approve the request to provide a letter of guarantee to the Penrith Valley Regional Sports Centre for the new loan to a maximum amount of $500,000 over a maximum term of 10 years, and

3. The Common Seal of the Council of the City of Penrith be affixed to those

documents that are necessary to finalise Council being Guarantor for the

Penrith Valley Regional Sports Centre borrowings as outlined in this report.

His Worship the Mayor, Councillor Ross Fowler OAM returned to the meeting, the time being 7:53pm, and retook the Chair.

22 Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021

167 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021 be received (Ordinary Meeting 22 July 2020).

2. Council acknowledge that due to COVID-19 pandemic and the recent bushfires that there has been no increase to the minimum and maximum fees payable for this period with the figure to remain set at the same level as last year.

2. The fees payable to the Mayor and Councillors for 2020-21 remain at last year’s level.

23 Summary of Investment & Banking for the Period 1 June 2020 to 30 June 2020

168 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Robin Cook

That:

1. The information contained in the report on Summary of Investment & Banking for the Period 1 June 2020 to 30 June 2020 be received

2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 June 2020 to 30 June 2020 be noted and accepted.

3. The graphical Investment Analysis as at 30 June 2020 be noted.

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Traffic Issues - Ridgetop Drive, Glenmore Park

Councillor Mark Davies requested a memo reply regarding issues of speeding vehicles and increased vehicular activity in Ridgetop Drive, Glenmore Park, which is to include all the information at hand including when counters were installed and for how long. Councillor Mark Davies has requested that Council staff additionally contact him by phone regarding this response.

RR 2 Proposed Works - Nepean Avenue, Penrith

Councillor Tricia Hitchen requested a memo reply regarding the suitability of the works proposed to be carried out to the shared pathway at Nepean Avenue, Penrith and requested that the area of Nepean, Ladbury and Memorial Avenues, Penrith be looked at as a whole when considering pedestrian needs at this location, including the future likely impacts of vehicles in the area.

RR 3 Impacts of Western Sydney Airport on Future Development in the Penrith LGA

Councillor Todd Carney requested a memo reply regarding likely impacts on future development in the Mt Vernon and Twin Creeks areas as a result of the imposition of noise contour lines for the future Western Sydney Airport.

RR 4 Speeding Vehicles - Camelot Street and Nepean Street, Cranebrook

Councillor Kevin Crameri OAM requested that the matter of speeding vehicles and reckless driver behaviour occurring in Camelot and Nepean Street, Cranebrook be referred to the Local Traffic Committee for investigation, and requested a memo reply detailing any traffic calming devices that could be installed to alleviate this issue.

RR 5 Provision of Automatic Doors to Shop fronts in Penrith and St Marys CBDs

Councillor Marcus Cornish requested a report investigating the viability and estimated cost of subsidising the installation of automatic doors to shop fronts and at the same time eliminating steps to shop fronts in CBD shopping strips in Penrith and St Marys.

RR 6 Dogs Off Leash in Public Walkways

Councillor Marcus Cornish requested a memo reply providing information as to whether Council enforces the walking of dogs on leashes in public walkways, and also what fines, if any, apply for non-compliance.

RR 7 Acknowledgment of Council Staff

Councillor Bernard Bratusa requested that relevant Council staff, in particular the Director – City Services and Community Facilities and Recreation Manager, be commended for their assistance in facilitating the recent recommencement of Netball competition in the Penrith LGA.

Committee of the Whole

169 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:24pm.

1 Presence of the Public

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

Outcome 7

2 Penrith Stadium Lease

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.

3 General Manager's Annual Performance Review 2019-20

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.

The meeting resumed at 8:49pm and the General Manager reported that the Committee of the Whole met at 8:24pm on 27 July 2020, the following being present

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

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

2 Penrith Stadium Lease

RECOMMENDED on the MOTION of Councillor Brian Cartwright seconded Councillor John Thain

CW2 That the information contained in the report on Penrith Stadium Lease be received.

Councillor Mark Davies left the meeting at 8:36pm and did not return.

3 General Manager's Annual Performance Review 2019-20

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

CW3 That:

1. The information contained in the report on General Manager's Annual Performance Review 2019-20 be received

2. Council endorse the actions outlined in the report.

ADOPTION OF Committee of the Whole

170 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:50pm.

Ordinary Meeting 24 August 2020

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 3 August, 2020

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and dealt with via electronic correspondence).

DISTRIBUTED TO

Deputy Mayor, Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member for Londonderry), Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Marcus Cornish, Wayne Mitchell - Director Development and Regulatory Services (Chair), Sergeant Matthew Shirvington - Nepean Police Area Command (PAC), Senior Constable Stephen Page - Nepean Police Area Command (PAC), Mario Dizon - Transport for NSW (TfNSW), Brana Ravichelvan - Transport for NSW (TfNSW), Charles Choucair - Transport for NSW (TfNSW), David Lance - Transport for NSW (TfNSW), Steve Grady - Busways, Ben Cantor – Busways, Jodie Mallia – CDC Bus NSW, Asith Nagodavithane - Transit Systems, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Kablan Mowad – Senior Traffic Engineer, Anthony Baradhy – Traffic Engineering Officer, Wendy Read – Road Safety Officer, Isaac Mann - Trainee Engineer, Bernie Meier – Signs and Lines Marking Supervisor, Andrew Pierce – Coordinator Ranger and Animal Services, Kiera Murphy – Senior Ranger.

APOLOGIES

NIL.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 July 2020

The minutes of the Local Traffic Committee Meeting of 6 July 2020 were confirmed.

Note: In adopting the Minutes of the Local Traffic Committee Meeting of 6 July 2020, Council at its Ordinary Meeting of 27 July 2020 (Minute No. 145) resolved to defer item “GB1 Station and Reserve Streets, Penrith – Endorsement Design Plan AS244 (dated June 2020)”.

DECLARATIONS OF INTEREST

NIL.

DELIVERY PROGRAM REPORTS

In response to the emerging COVID-19 situation, Council has determined that all non-essential committee meetings such as the Local Traffic Committee are to be cancelled through until further notice.

Accordingly, Penrith Council will not be convening the LTC Meeting on Monday, 3 August 2020. Instead we would like to complete the scheduled business remotely through electronic correspondence.

So, in relation to the upcoming LTC Meeting for 3 August 2020, and similar to the most recent LTC Business Paper, we again propose a “virtual” process;

1. The Business Paper is prepared as per normal and goes out electronically to the membership.

2. Non-essential LTC items are not reported on – but may be emailed to Transport for NSW, Police and Busways as per normal protocols.

3. The membership is given 5 working days to provide comment, from the day the Business Paper is emailed out. All comments should be directed through (and compiled by) the Traffic Engineering Coordinator, David Drozd. Please provide any comments by no later than 5pm next Wednesday, 5 August 2020.

4. Those matters (recommendations) which are not commented on are moved/endorsed after the 5 day period.

5. Those matters which are commented on / don’t reach agreement, are deferred for further information or changes to these reports.

6. A set of “Minutes” will be prepared as usual based on the comments received from the members.

7. Endorsement by the Councillors at the Ordinary Meeting, proceeds as usual – Monday, 24 August 2020.

As usual, the minutes will be available to all of the membership post Council meeting on Council’s webpage.

Outcome 3 - We can get around the City

1 Carinya Avenue, St Marys - Proposed One-Way Traffic Restrictions

RECOMMENDED

That:

1. The information contained in the report on Carinya Avenue, St Marys - Proposed One-Way Traffic Restrictions be received.

2. Consultation be undertaken with all affected residents, businesses and the St Marys Town Centre Corporation.

3. Subject to no substantial objections, Carinya Avenue, St Marys be restricted to one-way traffic movements in the northbound direction between Charles Hackett Drive and Nariel Street, in accordance with the signage and line marking plan (TS0040) shown in Appendix 1 and Traffic Management Plan (TMP) shown in Appendix 2.

4. Council’s Information and Communication Technology (GIS) department be requested to update street directories/GPS/wayfinding and Council application systems as appropriate to reflect the one-way traffic restriction on Carinya Avenue, St Marys.

5. A VMS board be placed on Carinya Avenue, St Marys for a period of two weeks prior to the introduction of the one-way traffic movement restrictions.

6. The Hon Tanya Davies MP, Member for Mulgoa, Ms Prue Car MP, Member for Londonderry, Council Rangers, Nepean Police Area Command and the residents who raised concerns about Carinya Avenue, St Marys be advised of Council’s resolution.

2 West Lane, St Marys - Provision of 'No Parking - Waste Collection and Removalist Vehicles Excepted' Zone

RECOMMENDED

That:

1. The information contained in the report on West Lane, St Marys - Provision of 'No Parking - Waste Collection and Removalist Vehicles Excepted' Zone be received.

2. ‘No Parking – Waste Collection and Removalist Vehicles Excepted’ zone signage (R5-447 modified) and associated kerb ramp be installed in West Lane fronting 159 Queen Street, St Marys in accordance with the Plan Number SBMG01761-08, Issue A, dated 16/06/20 as shown in Appendix 1.

3. All works associated with the implementation of the signposting and associated kerb ramp shall be undertaken by the applicant in accordance with Section 8 of Council’s Engineering Construction Specification for Civil Works including Council standard drawings SD1002, SD11006/1 and SD1006/2 and be at no cost to Council.

4. Council’s Road Reserve Opening Team and Council’s Major Development Engineering Team be notified in order to facilitate works approval and payment of associated fees with the developer.

5. Council’s Asset Section be notified for inclusion of the signage and kerb ramp in Council’s Asset Management records and processes.

6. Council’s Waste Services Department, Council Rangers Services Department and the applicant be advised of Council’s resolution.

3 Derby Street, Penrith - Relocation of Existing Bus Stop located near Doonmore Street

RECOMMENDED

That:

1. The information contained in the report on Derby Street, Penrith - Relocation of Existing Bus Stop located near Doonmore Street be received.

2. The existing bus stop fronting 143 Derby Street, Penrith be relocated 80 metres east to the northern side of Derby Street fronting Spence Park as shown in Appendix 1.

3. The property owners and residents at 143 Derby Street, Penrith be advised of Council’s resolution

4. Busways be advised of Council’s resolution and be requested to carry out the relocation of the bus stop on Derby Street, Penrith.

4 Hickeys Lane, Penrith - Endorsement of Signage and Line Marking Plan for Industrial Subdivision (DA/S5141)

RECOMMENDED

That:

1. The information contained in the report on Hickeys Lane, Penrith - Endorsement of Signage and Line Marking Plan for Industrial Subdivision (DA/S5141) be received.

2. The signage and line marking plan prepared by North Western Surveys associated with the approved development on Hickeys Lane, Penrith related to DA/S5141 (Plan Project Reference 11870, Revision LL, dated 14/07/2020) be endorsed for construction, as shown in Appendix 1.

3. All works associated with the implementation of the signposting and/or line marking shall be undertaken by the applicant in accordance with Section 8 of Council’s Engineering Construction Specification for Civil Works and Council standard drawings SD1006/1 and SD1006/2 and be at no cost to Council.

4. Council’s Development Engineering team be advised of Council’s resolution and be requested to notify the applicant of Council’s resolution.

5 Child Pedestrian Road Safety Project - Penrith City Council and Little Blue Dinosaur Foundation Partnership

RECOMMENDED

That:

1. The information contained in the report on Child Pedestrian Road Safety Project - Penrith City Council and Little Blue Dinosaur Foundation Partnership be received.

2. The Local Traffic Committee note the information.

6 Station and Reserve Streets, Penrith – Endorsement Design Plan AS244 (dated June 2020)

RECOMMENDED

That:

1. The information contained in the report on Station and Reserve Streets, Penrith – Endorsement Design Plan AS244 (dated June 2020) be received

2. Consultation be undertaken with affected property owners, with any substantial objections to be referred back to Local Traffic Committee for consideration.

3. Subject to no substantial objections, Council’s Design Plan AS244 (dated June 2020) as shown in Appendix 1 & 2 be finalised and endorsed for construction, to be funded under the 2020/21 Major and Urgent Traffic Facilities 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.

7 Woodriff Street and Derby Street, Penrith - Endorsement of Design Plan AD 136 for Flat Top Road Humps and Street Lighting

RECOMMENDED

That:

1. The information contained in the report on Woodriff Street and Derby Street, Penrith - Endorsement of Design Plan AD 136 for Flat Top Road Humps and Street Lighting be received.

2. Consultation be undertaken with affected residents and surrounding businesses regarding the proposed flat top road humps and street lighting at the intersection of Woodriff Street and Derby Street, Penrith as shown in Appendix 1.

3. Subject to no objections, Design Plan AD 136 dated 3/08/20 be endorsed for construction, with funding provided from the Nation Building Black Spot and Safer Roads 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.

GENERAL BUSINESS

GB 1 Mulgoa Road, Penrith - Union Road to Museum Drive (including Railway Bridge), Penrith Upgrade

A presentation from McConnell Dowell Contractors was sent to all the Local Traffic Committee members regarding the “Mulgoa Road, Penrith – Union Road to Museum Drive (including Railway Bridge) Upgrade”. Had the Local Traffic Committee meetings been face-to-face, McConnell Dowell would have attended the meeting to provide the Committee with an update on this project. Due to the current virtual process, a copy of the presentation was sent to all Local Traffic Committee members for their review.

Steve Grady of Busways advised that Busways will be diverting services similar to what has occurred previously in response to the closure of Mulgoa Road/Castlereagh Road, Penrith from 7 August 2020 to 10 August 2020. Busways have also notified Transport for NSW of the changes and all relevant websites including Infoline will be updated with the revised routes and timetable delays.

RECOMMENDED

That the Committee note the information.

GB 2 New Speed Limit of 40km/h on Nepean Avenue, Penrith and Surrounding Roads from Monday, 10 August 2020

Brana Ravichelvan (A/Network & Safety Manager - Greater Sydney Division, Transport for NSW) sent through information regarding the new speed limit to be implemented by Transport for NSW (TfNSW) in Nepean Avenue, Penrith and surrounding roads from Monday, 10 August 2020.

TfNSW has reviewed the existing speed limit on Nepean Avenue and surrounding roads including Ladbury Avenue, Captains Road, Fitch Avenue and Recreation Avenue, Penrith in line with the NSW Speed Zoning Guidelines. The review recognised the area’s important role as part of the Great River Walk and in response to an increase in pedestrians and cyclists on these roads during the Coronavirus pandemic.

Following this review, TfNSW will introduce a 40km/h speed limit on these roads. Letters informing residents of the change will be distributed.

RECOMMENDED

That the Committee note the information.

Brana Ravichelvan of Transport for NSW (TfNSW) raised no objections with the agenda items.

Councillor Tricia Hitchen (Representative for the Member for Penrith) raised no objections with the agenda items.

No further comments were received in accordance with the adopted process being that the membership is given 5 working days to provide comment, from the day the Business Paper was emailed out.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 August, 2020 be adopted.

Ordinary Meeting 24 August 2020

REPORT AND RECOMMENDATIONS OF THE
Resilience Committee MEETING

HELD ON 5 August, 2020

PRESENT

Councillors Karen McKeown OAM, Robin Cook, Kath Presdee; Carina Fernandes, Helen Ryan, Nevin Sweeney and Duncan Challen.

IN ATTENDANCE

Andrew Moore – Director Corporate Services, Kamil Janji – Business Transformation Manager, Jeni Pollard – City Activation, Community and Place Manager, Belinda Atkins – Sustainability and Resilience Lead, Andrew Hewson – Sustainability Education Officer, and Krystie Race – Sustainability Research Planner.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 6 November 2019

The minutes of the Resilience Committee Meeting of 6 November 2019 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 5 - We care about our environment

1 Cooling the City Masterclass and Homes and Heat Event

Andrew Hewson presented on the Homes and Heat and Cooling the City Masterclass events, noting that both events were at capacity and highly successful. The Cooling the City Masterclass presentations and a highlight video are on Council’s YouTube channel, and to date the playlist has been viewed over 800 times increasing the reach of the event to a wider audience. The videos will continue to be promoted to the community and professional audience. https://www.youtube.com/playlist?list=PLmB2yL4niI3xnt3nsZJMiyVsSlAtfJsb_

To take advantage of momentum within Council following on from the Masterclass, and to align with the review of the Cooling the City Strategy, a staff survey and workshop were undertaken throughout June/July to identify achievements, gaps and opportunities for future action. The Resilience Committee discussed priority actions to cool the city for consideration.

RECOMMENDED

That:

1. The information contained in the report on Cooling the City Masterclass and Homes and Heat Event be received

2. The Resilience Committee engage in a facilitated discussion on priority focus areas and actions for Council Officers to consider.

2 Penrith Resilience Action Plan

Belinda Atkins presented on the local Penrith Resilience Action Plan being developed to align with the directions in the Resilient Sydney Strategy 2018. Localised shocks and stresses and vulnerabilities will be identified and incorporated into the action plan, and a climate change risk assessment has been undertaken in consultation with Council staff to identify key priority risks. The draft project brief for the action plan was provided for further information on milestone activities and outcomes. The Resilience Committee provided input on the action plan.

RECOMMENDED

That:

1. The information contained in the report on Penrith Resilience Action Plan be received

2. The information contained in the attached Draft Project Brief be received.

3. Resilience Committee members provide input/advice on the localised shocks and stresses and scope of the action plan.

3 PowerSavers Program

Belinda Atkins presented on the Endeavour Energy PowerSavers Program, noting that Council has been invited to partner with Endeavour Energy to promote the PowerSavers Program to the community with the aim of engaging over 500 participants across five suburbs within the Penrith local government area. The Program will enable residents to enhance their energy literacy, increase energy efficiency and reduce energy costs whilst assisting to minimise the peak load on the grid.

RECOMMENDED

That:

1. The information contained in the report on PowerSavers Program be received

2. The Resilience Committee endorse Council’s participation as a partner in the Endeavour Energy PowerSavers Program.

Outcome 7 - We have confidence in our Council

4 Update on Council's Electric Vehicle

Krystie Race provided an update on the electric Renault Kangoo purchased for Council’s fleet in February 2019. A 12-month evaluation of the performance of the electric vehicle in comparison to a similar petrol based vehicle in Council’s fleet showed that the electric vehicle charged by 100% green power has saved council $1,612 per year with a greenhouse gas emissions saving of 27.2 tonnes co2e per year, and an 8.5 year payback period. It was noted that as demand for electric vehicles increase the cost will likely decrease and the payback period will further reduce.

RECOMMENDED

That the information contained in the report on Update on Council's Electric Vehicle be received.

5 Accelerated LED Upgrade Program

Belinda Atkins provided an update on the Accelerated LED Upgrade program being undertaken throughout 2020, noting that this program funded by the Sustainability Revolving Fund and a State Government contribution, will upgrade 6,530 street light fittings to energy efficient LEDs which will save 2,221,330 kWh of energy, over 2000 tonnes of greenhouse gas emissions and $459,000 per year. The benefits of this program have and will continue to be promoted throughout Council and to the community.

RECOMMENDED

That the information contained in the report on Accelerated LED Upgrade Program be received.

GENERAL BUSINESS

GB 1 Overview of the COVID-19 Recovery Taskforce

Jeni Pollard presented on Council’s COVID response to date, and provided information on the Penrith Community and Economic Recovery Taskforce, and a snapshot of the results from the community and economic community surveys, identifying key themes and challenges. Both the Community and Economic Recovery Taskforce are developing a 30-day and a 100-day recovery plan for Penrith.

GB 2 Resignation of Associate Professor Bradley Forssman

Andrew Moore noted the resignation of Resilience Committee member Associate Professor Bradley Forssman, Nepean and Blue Mountains Local Health District, which was received on 1 June 2020.

RECOMMENDED

That the Resilience Committee recognise the valuable contributions of Associate Professor Bradley Forssman to the Committee.

GB 3 Heat Smart Project

Belinda Atkins introduced the Heat Smart Western Sydney grant project, a partnership project between WSROC, Western Sydney councils, including Penrith, and the Local Health District. The project aims to build resilience to extreme heat and heatwave in Western Sydney by ensuring service providers, households and vulnerable individuals can better prepare and adapt to heatwaves. The project will include the development of a resource toolkit for community engagement and resilience training for frontline workers.

GB 4 Heat in Social Housing Project

Andrew Hewson provided information on Council’s involvement in the Heat in Social Housing grant project being led by Wentworth Housing. The project will fill a community gap and need by working with community housing residents to maximise energy efficiency and savings and build capacity to respond to heat. Resources/materials will be developed based on input from tenants engaged in the program.

GB 5 Empowering Penrith Program

Andrew Hewson introduced the Empowering Penrith program highlighting the video series developed for Penrith residents and available on Council’s YouTube channel or through the website. The seven videos provide information, tips and advice on various topics to assist in improving energy efficiency in the home and using renewable energy such as solar.

https://www.youtube.com/playlist?list=PLmB2yL4niI3ygK4FIz1eIHUqHgKwF8lTM

GB 6 Heat Sensor Program

Andrew Hewson gave a brief update on the Heat Sensor program, a partnership between Council and Western Sydney University (WSU). The heat sensors which were installed across the Penrith area were retrieved in April 2020 and sent to WSU for data analysis and reporting. The report will be provided in September, and the data, mapping and recommendations will be useful in planning Council’s future work on cooling the city.

GB 7 Next Resilience Committee date

The next Resilience Committee meeting date will be Wednesday 18 November 2020. The Committee will be advised closer to this date whether this meeting will be held virtually or in person.

There being no further business the Chairperson declared the meeting closed at 7:45pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 5 August, 2020 be adopted.

Ordinary Meeting 24 August 2020

REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee MEETING

HELD ON 10 August, 2020

PRESENT

APOLOGIES

Apologies were received for Councillors Mark Davies and Aaron Duke.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 February 2020

The minutes of the Policy Review Committee Meeting of 10 February 2020 were confirmed.

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 1 – Phase 1 Review of Penrith Local Environmental Plan 2010, as his son owns a property in the area the subject of the report.

His Worship the Mayor Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item 3 – Penrith CBD Corporation Annual Report and Audited Financial Statement, as he is the Auditor for the Penrith CBD Corporation.

SUSPENSION OF STANDING ORDERS

Standing Orders were suspended to allow members of the public to address the meeting, the time being 7:06pm

Ms Wendy Spinks

Item 1 – Phase 1 Review of Penrith Local Environmental Plan 2010

A Council staff member read out Ms Wendy Spinks’ application to address the Policy Review Committee Meeting and outlined her reasons for opposition to the recommendation as follows:

Ms Spinks expressed her concerns regarding asbestos management during development application processes. She also emphasised the importance of incorporating water saving measures in flats, villas, town houses and boarding houses.

Mr Robert Simpson

Item 2 – Penrith Development Control Plan 2014 Housekeeping Amendment

A Council staff member read out Mr Robert Simpson’s application to address the Policy Review Committee Meeting and outlined his reasons for opposition to the recommendation as follows:

Mr Simpson expressed his concerns regarding the tree removal and planting provisions for property owners in comparison to property developers. He also requested a review of the Tree and Vegetation Management Policy.

Ms Sharnie Belle

Item 2 – Penrith Development Control Plan 2014 Housekeeping Amendment

A Council staff member read out Ms Sharnie Belle’s application to address the Policy Review Committee Meeting and outlined her reasons for opposition to the recommendation as follows:

Ms Belle wrote on behalf of Signature Property Developments and Christ Mission Possible. She raised several significant issues in relation to the Draft DCP Amendments, including the lack of an evident justification, the merits and unfair implications of the amendments and also the misleading way in which the amendments were labelled as ‘Housekeeping Amendments’. For these reasons, Ms Belle suggested that the draft DCP amendments should be re-exhibited.

Ms Georgia Sedgmen

Item 2 – Penrith Development Control Plan 2014 Housekeeping Amendment

A Council staff member read out Ms Georgia Sedgmen’s application to address the Policy Review Committee Meeting and outlined her reasons for opposition to the recommendation as follows:

Ms Georgia Sedgmen wrote on behalf of Signature Property Developments and Christ Mission Possible. She highlighted key issues in relation to the DCP amendment, consisting of the misrepresentation as a ‘Housekeeping Amendment’, the undermining of the intentions of the State Government and also the absence of savings provision.

RESUMPTION OF STANDING ORDERS

Standing Orders were resumed, the time being 7:24pm.

DELIVERY PROGRAM REPORTS

Outcome 4 - We have safe, vibrant places

3 Penrith CBD Corporation Annual Report and Audited Financial Statement

The CEO of Penrith CBD Corporation, Gai Hawthorn and the Chair of Penrith CBD Corporation gave a presentation.

RECOMMENDED

That:

1. The information contained in the report on Penrith CBD Corporation Annual Report and Audited Financial Statement 2019-2020 be received

2. Council receive information on the Annual Report and Audited Financial Statement for 2018-2019 of the Penrith CBD Corporation.

3. Council endorse the Penrith CBD Corporation’s Key Performance Indicators for 2020-2021.

Outcome 7 - We have confidence in our Council

4 Investment Policy 2020/21

RECOMMENDED

That:

1. The information contained in the report on Investment Policy 2020/21 be received.

2. Council adopt the proposed changes to the Investment Policy tabled in this report.

Outcome 2 - We plan for our future growth

1 Phase 1 Review of Penrith Local Environmental Plan 2010

RECOMMENDED

That:

1. The information contained in the report on Phase 1 Review of Penrith Local Environmental Plan 2010 be received.

2. Council endorse the Planning Proposal presented in this report (including the change to the proposed amendment relating to non-residential uses in the St Marys Town Centre), which has been provided to Councillors as a separate enclosure and is publicly-available on Council’s website.

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 Department for finalisation, with the strategic bush fire risk assessment.

4. Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces with a request to make the local environmental plan amendments.

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 Karen McKeown OAM
Councillor John Thain
Councillor Jim Aitken OAM
Councillor Brian Cartwright
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Ross Fowler OAM

2 Penrith Development Control Plan 2014 Housekeeping Amendment

RECOMMENDED

That:

1. The information contained in the report on Penrith Development Control Plan 2014 Housekeeping Amendment be received

2. Council adopt the amendments to Penrith Development Control Plan 2014, as exhibited, with minor amendments as detailed in this report and provided as an enclosure.

3. The General Manager be delegated authority to make any necessary minor changes required to the Development Control Plan 2014, consistent with Council’s adopted policy position and before notification.

4. In accordance with the Environmental Planning and Assessment Regulation 2000, Council give public notice of its decision on Council’s website within 28 days, with the Development Control Plan coming into effect immediately upon notification.

5. The Vegetation Management Chapter of Penrith Development Control Plan 2014 in Attachment 3 of this report be amended to increase the height limit of prescribed trees from 3m to 3.5m.

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 Karen McKeown OAM
Councillor John Thain
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Brian Cartwright
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Ross Fowler OAM

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Inspection of Fallen Tree

Councillor Kevin Crameri OAM requested an inspection of the tree that fell over yesterday and tell him if it is healthy.

RR 2 Sewerage in Penrith DCP Housekeeping Amendment Report

Councillor Kevin Crameri OAM requested a report on why item, on page 10 or whatever that was, that, that item about the sewer hasn’t been addressed or if it was, where is it addressed.

RR 3 Trimming of Trees

Councillor Kevin Crameri OAM Councillor requested a memo regarding whether a person can trim a tree to a height of over 2 metres to allow their caravan, boat or car to get in there.

RR 4 Group Homes and Boarding Houses in Werrington

Councillor John Thain requested a memo reply regarding alleged group homes and boarding houses in Werrington.

There being no further business the Chairperson declared the meeting closed the time being 8:44pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 August, 2020 be adopted.

Ordinary Meeting 24 August 2020

Penrith Development Control Plan 2014 Housekeeping Amendment

Compiled by: Breannan Dent, Planner

Natalie Stanowski, Principal Planner

Authorised by: Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan for our future growth
Strategy	Facilitate development in the City that considers the current and future needs of our community
Service Activity	Plan for and facilitate development in the City

Previous Items: Penrith Development Control Plan 2014 Housekeeping Amendment- Policy Review Committee - 10 Aug 2020

Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition - Ordinary Meeting - 23 Mar 2020

Executive Summary

The purpose of this report is to supplement the previous item to the 10 August 2020 Policy Review Committee (PRC) meeting, the minutes of which are to be adopted tonight.

At the PRC meeting, Item 2 “Penrith Development Control Plan 2014 Housekeeping Amendment” (the report) presented the results of the public exhibition of housekeeping amendments to Penrith Development Control Plan (DCP) 2014. Nine submissions were received during the public exhibition. The report sought that Council adopt the proposed housekeeping amendments.

An addendum to one of the submissions was received after the public exhibition concluded.

This report seeks to record that the addendum and responses to matters it raised, were considered by Council in determining whether to adopt proposed Housekeeping Amendments to DCP 2014 during the PRC meeting.

Background

At the Ordinary Meeting of 23 March 2020, Council endorsed the public exhibition of Draft housekeeping amendments to DCP 2014. These amendments precede a comprehensive review of DCP 2014. The proposed amendments are minor in nature or provide further clarification consistent with existing and endorsed Council positions or State policies.

After the public exhibition concluded, an addendum was received to the submission from Mecone on behalf of Christ Mission Possible (CMP) and Signature Property Developments. The addendum to the submission is provided as Appendix 1.

A memorandum dated 7 August 2020 assessed the addendum, reviewed matters raised and provided responses for Councillors’ consideration at the PRC meeting.

The results of the public exhibition were reported to Council at the PRC meeting of 10 August 2020. Council moved to adopt the proposed amendments, with an amendment to the Vegetation Management section. Copies of all submissions, including the addendum, were available to Councillors on the Councillor Portal. The minutes of the PRC meeting are to be adopted tonight.

Responses to matters raised in the addendum

A total of nine submissions were received during the exhibition of the proposed amendments. Submissions received during the exhibition were addressed in the PRC meeting report. However, an addendum to the submission from Mecone was received after the public exhibition concluded. The responses to matters raised in the addendum were provided to Councillors in the memorandum. These responses are also provided below.

Boarding Houses
Matter Raised	Response
Labelling the amendments as ‘housekeeping amendments’ is misleading. The addendum references the proposed building envelope control as an example.	The amendments are predominantly intended to clarify existing considerations Council applies to boarding house development, with some minor additional changes that have the effect of implementing Council’s established policy objectives for boarding house development. The PRC report sought to revise the proposed building envelopes to the ones used under the existing applicable controls in response to submissions received. To ensure transparency, information was also provided in the publicly exhibited materials providing information on the specific proposed changes. These materials included a fact sheet, provided as Appendix 2. Notifications of the exhibition on Council’s website also drew attention to the nature of the changes and provide links for the community to obtain detailed information on the amendments. Council’s Legal Services advised that the proposed amendments were adequately described in the summary of the proposed changes, while ‘housekeeping’ was only used as a heading. Additional information of the proposed changes was made available and the community was not misled on the changes or denied procedural fairness during the exhibition period.
Request for a savings provision to be included in the proposed amendment for clarity in assessment of development applications and fairness to existing applicants.	It is not proposed to include a savings clause in the draft amendments. The amendments are proposed to come into effect on the date of notification, as is identified in the resolutions of the PRC meeting report and supported by Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000. The proposed amendments have been available since the publication of the report to the Ordinary Meeting of 23 March 2020, which sought council’s approval for the public exhibition. The public exhibition commenced on 1 May 2020. As such, the documents have been available for applicants to consider for a prolonged period.
Need for legal review of proposed controls.	Council’s legal team have reviewed the proposed controls and their advice has informed the drafting process. The controls for boarding houses also respond to an identified need for clarification of boarding house controls for legal purposes.
Further request for consideration of matters raised in initial submission.	The matters raised in Mecone’s initial submission were addressed in the PRC meeting report. Council advised the submitter of the meeting date and they were able to apply to address the meeting.
Influence of the proposed controls on the assessment of existing development applications.	Council’s Development Services team is aware of the applicable legislation and considers the implications of the relevant legislation when reviewing development applications.

No amendments were proposed in response to Mecone’s “addendum to the submission” in the recommendations made in Item 2 of the PRC business paper. Council adopted the housekeeping amendments after giving due consideration to matters raised in the submissions and the addendum.

Next Steps

If Council adopts the recommendation of this report, it will clarify that the addendum was considered in the making of proposed housekeeping amendments to Penrith DCP 2014.

Financial Implications

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

Risk Implications

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

Conclusion

During the public exhibition of draft housekeeping amendments to Penrith DCP 2014, nine submissions were received in relation to the draft plan. One addendum to a submission was received after the public exhibition. The submission and the responses to matters raised in the addendum were available for consideration when Council determined whether to adopt the proposed housekeeping amendments. No changes to the amendments were proposed in response to matters raised in the addendum.

This report seeks to record that Mecone’s addendum and responses to matters it raised were considered by Council in determining whether to adopt proposed Housekeeping Amendments to DCP 2014 during the Policy Review Committee Meeting of 10 August 2020.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Development Control Plan 2014 Housekeeping Amendment be received

2. Matters raised in the post-exhibition addendum to the submission lodged by Mecone were considered in determining whether to adopt proposed Housekeeping Amendments to Penrith Development Control Plan 2014 in the Policy Review Committee Meeting of 10 August 2020.

ATTACHMENTS/APPENDICES

1. ⇩	Mecone Addendum to Submission on Draft Penrith DCP 2014 Amendments	4 Pages	Appendix
2. ⇩	Penrith DCP 2014 Housekeeping Amendment Factsheet	2 Pages	Appendix

Ordinary Meeting 24 August 2020

Supporting Sustainable Choices Scheme

Compiled by: James Creer, Senior Waste and Resource Recovery Officer

Jarrod Loobeek, Resource Recovery Education Officer

Authorised by: Tracy Chalk, Waste and Resource Recovery Manager

Brian Steffen, Director - City Services

Outcome	We care for our environment
Strategy	Support our community to use resources wisely
Service Activity	Help our community understand how they can increase resource recovery and reduce waste

Executive Summary

Council’s Waste and Resource Recovery Team is seeking Council approval to offer rebates to Penrith City Council residents as part of the supporting sustainable choices scheme. This proposed rebate scheme will be funded from the NSW EPA Better Waste and Recycling Fund for 2020-21 in support of a scheme that seeks to encourage residents to invest in reusable alternatives to disposable nappies, incontinence items and sanitary products. Up to $20,000 has been budgeted for this scheme. This will provide for a 50% rebate to be offered to Penrith Local Government Area residents for eligible items purchased during 2020 with a maximum rebate of up to $100 for the purchase of sustainable product that fits the scheme criteria.

Background

Disposable sanitary products pose a major environmental burden and make up a significant portion of waste sent to landfill each year. An estimated 800 million disposable nappies end up in Australian landfills each year^{^[1]}, with each nappy taking up to 300 years to break down in landfill^{^[2]}. Such products are required by people of all ages from newborn babies to elderly members of the community. In 2018 alone there were 3185^{^[3]} births within the Penrith LGA, with the average child using approximately 5000 nappies before they are toilet trained^{^[4]}. More than 5 million Australians are currently living with continence problems with 1 in 4 people aged 85 and over experiencing severe incontinence^{^[5]}. This is significant for Penrith due to our aging population, with the 85+ age group being the second fastest growing population group within the LGA^{^[6]}. Disposable menstrual products also make up a large bulk of the waste sent to landfill, with an average of 150kg worth of products sent to landfill during the lifetime of a person who uses such products.

There are now a number of eco-friendly alternatives to disposable sanitary items. These options can seem more expensive initially but making the switch to reusable alternatives can save individuals thousands of dollars in the long run. While the average disposable nappy costs 35c, prices for reusable nappies can vary from $2 for simple terry towelling style products up to $30 for modern cloth nappy options. Reusable incontinence underwear and pads are similarly priced to modern cloth nappies and come in a range tailored to an individual’s needs. Likewise, reusable menstrual products such as a menstrual cup or period underwear divert waste from landfill and save the user thousands of dollars over their lifetime. The beauty of reusable products is that they only need to be purchased once.

In May, Waste Project Support Officers conducted a review of how councils across Australia utilised incentives to encourage use of reusable sanitary products. The aim of this review was to see how Penrith City Council could better support our residents to make informed choices to reduce their waste output. Based on this review, Waste and Resource Recovery have developed this rebate proposal.

How does it work?

The trial rebate scheme is proposed to run for up to six months. As part of this scheme, a 50% rebate would be available on eligible items with a maximum rebate of $100. Valid purchases eligible for a rebate must have been made after 1 January 2020 until the trial’s conclusion. The rebate will not cover the cost of postage or delivery of eligible products with these costs excluded from the calculated rebate amount.

To apply for the trial rebate scheme, residents must complete an online application form and attach a clear copy of their receipt of purchase. Proof of residence must also be provided, as this offer is only available to residents living in the Penrith LGA. If residents are unable to submit an online application, forms can be obtained from Council’s Civic Centre or library branches and returned or mailed to Council.

Applications will be processed on a first come first served basis. Once the approved funding amount has been exhausted, Council would not provide any further rebates and the scheme’s closure would be advised to residents.

Current Situation

The Waste and Resource Recovery Team consulted with other Council departments in the preparation of this trial scheme. The scheme’s terms and conditions have been reviewed by Legal Services. Council’s Communication’s team have been briefed on the requirements of the online application form and ICT have set up a designated email address for the scheme. A communications plan has also been drafted. Legal Services advice confirms that in accordance with section 356(1) of the Local Government Act 1993, the proposed reusable nappy and sanitary item rebate is considered financial assistance and, as such, requires a resolution of Council before the scheme can be commenced.

“A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.”

Financial Implications

Waste and Resource Recovery have budgeted up to $20,000 for an initial trial reusable nappy and sanitary item rebate. This money has been allocated as part of the Waste and Resource Recovery projects 2020-2021 covered by the NSW EPA Better Waste and Recycling Fund. Based on a review of the trial, there is the possibility of continuing the scheme.

Risk Implications

To minimise any risk of fraudulent claims, households are limited to a single application and must provide proof of purchase, as well as proof of residence.

All personal details submitted as part of a rebate application will be handled in accordance with Council’s privacy policy.

Conclusion

Reusable products are not only environmentally beneficial, but also help individuals to save money while reducing their waste. By utilising reusable products such as cloth nappies and non-disposable sanitary products, Penrith City Council residents can save space in their residual waste bin and possibly transition to a more sustainable domestic waste service. Waste and Resource Recovery firmly believe that the provision of a reusable nappy and sanitary item rebate by Penrith City Council supports residents in making informed sustainable choices. A rebate has significant potential to incentivise positive behavioural change and help residents across the Penrith LGA overcome any upfront financial barriers to the uptake of reusable products.

RECOMMENDATION

That:

1. The information contained in the report on Supporting Sustainable Choices Scheme be received

2. Council endorse financial assistance of up to $20,000 to support the trial reusable nappy and sanitary item rebate in accordance with section 356(1) of the Local Government Act 1993.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 August 2020

Organisational Performance and Financial Review - June 2020

Compiled by: Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Craig Shepherd, Corporate Reporting Lead

Authorised by: Andrew Moore, Director - Corporate Services

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 outlines Council’s progress towards implementing its five-year Delivery Program 2017-22 and annual Operational Plan 2019-20 and focuses on the period of 1 January to 30 June 2020. The report should be read in conjunction with the Organisational Performance Report – June 2020, which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program and our progress in completing the organisation’s Operating and Capital projects for the final quarter of 2019-20.

At 30 June 2020, 91% of Council’s 249 reportable projects, and 78% of Council’s 88 reportable actions were ‘on schedule’ or ‘completed’.

Council projected a balanced Budget in the adoption of the original 2019-20 Operational Plan. The actual cumulative result for the year as at June 2020 after allowing for proposed Reserve allocations, including the allocation of $493,467 to the Financial Management Reserve and $550,969 to commence repayment of the COVID-19 Impact internal loan, is the achievement of a balanced Budget position.

All figures presented are subject to end-of-year adjustment, external audit checking and confirmation. Once finalised the Draft 2019-20 Financial Statements will be presented to the Council on 28 September 2020 and will include a detailed explanation of Council’s audited financial position.

This report recommends that the Organisational Performance Report – June 2020 is received and that the revised budget estimates identified in the report and detailed in the Organisational Performance Report – June 2020 be adopted.

Organisational Performance Summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six-month period between 1 January 2020 to 30 June 2020.

Table 1 provides a performance summary, which overall demonstrates that Council, while impacted by COVID-19, is still successfully delivering its services and programs.

Table 1

	Completed		On Schedule		Delayed due to COVID-19		Delayed
	Number	%	Number	%	Number	%	Number	%
Actions	49	56%	19	22%	16	18%	4	4%
Projects	146	59%	80	32%	19	8%	4	1%

Organisational Highlights

Council has continued to do deliver on programs and services during this challenging period. These include:

· Successfully transitioning to a remote workforce without loss of productivity.

· Adaption of a significant number of programs to an online platform.

· Delivery of the concept design for City Park.

· Adoption of the Sport and Recreation Strategy which provides the strategic framework and direction for future open space, play sport and recreation provision over the next 15 years.

· Delivered the Cooling the City Masterclass in February 2020.

· Continued active advocacy and partnering with other Government bodies in relation to the North South Rail and Aerotropolis.

Financial Position Summary

This report covers the final quarter of the 2019-20 financial year. Details of significant Variations, Reserve Movements and the status of Council’s Operating and Capital Projects compared to Budget are included in this document.

During the final quarter of 2019-20 the variations to Budget continued to be mainly positive including savings in Non-Domestic Waste Management ($399,960), reduction in contingency funds required for S7.11 Plans in Deficit ($492,873), and savings on overall employee costs after end of year adjustments to reflect the movement in ELE ($1.5m). These positive variations were partially offset by additional expenditure on Field Based and Passive Recreation ($520,070), Building Maintenance ($1.1m), Building Operations ($344,844), and Roads and Drainage Maintenance ($781,854).

As part of the March Quarterly Review all revenue items and operational costs were reviewed to determine the possible budget impact of COVID-19 for the period April to June 2020. The COVID-19 negative impact on Council’s General Revenue at that time was estimated to be $3.7m which was incorporated in the March Quarterly variations to budget. In order to track the actual impact of COVID-19 on Council’s operations and revenue, a separate COVID-19 Impact Reserve was created. This Reserve initially resulted in a deficit balance for the Reserve as we are only notionally funding from this Reserve against Council’s other internal unrestricted reserves. The COVID-19 impact has been reviewed as part of the June Quarterly Review process with the final General Revenue impact for the year being $2.4m. It is proposed as part of the June Quarterly Review to allocate $550,969 of the surplus to commence repayment of the COVID-19 Impact Reserve, resulting in the net impact on General Revenue being revised to $1.8m.

The balance of the 2019-20 end of year surplus ($493,467) is proposed to be transferred to Reserve. This allocation provides capacity to respond to any current and emerging priorities, including some of the priority resource requests.

Additionally, a total of $5.0m of Capital and Operating Project revotes are proposed within this June 2020 Quarter Review, as all works have not been completed in the 2019-20 financial year. Further details on proposed major variations and revotes are provided later in this report and in the Organisational Performance Report – June 2020.

This final review for 2019-20 highlights the importance of the financial sustainability that underpinned Council’s successful Fit for the Future submission and has been foreshadowed in the Long Term Financial Plan in recent years. Council is in a strong financial position, remains Fit for the Future, with the majority of its financial sustainability key performance indicators performing favourably against industry benchmarks and is able to successfully navigate the current economic climate through our prudent financial strategy of establishing capacity for our City as we grow and building contingency internal reserves over many years.

This report recommends that the revised Budget estimates as at 30 June 2020, including revotes, identified in this report and detailed in the Organisational Performance Report – June 2020 be adopted.

Financial Position for the June 2020 Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

· Budget position (whether balanced/surplus/deficit)

· Significant variations

· Identified revotes

· Funding summary

· Reserve movements for the quarter

· Capital and Operating Budget Projects list for the quarter

· Key performance indicators

· Income and expenses

· Income and expenses by program

· Capital budget

· Cash and investments

· Contracts and other expenses

· Consultancy and legal expenses.

Budget Position

	$’000s
Original Budget Position	0
September 2019 Quarter Variations Adopted by Council	61
December 2019 Quarter Variations Adopted by Council	33
March 2020 Quarter Variations Adopted by Council	14
June 2020 Quarter Review Proposed Variations	443
Sub-total year-end Budget surplus (after proposed allocation to Financial Management Reserve)	551
Less: Repayment of Internal Reserve - COVID-19 Impact	(551)
Revised balanced Budget Position projected to June 2020	0

This review recommends a number of both favourable and unfavourable adjustments to the adopted Budget for 2019-20. The year-end surplus result is $550,969 after a proposed allocation to the Financial Management Reserve of $493,467. It is proposed to use this surplus for 2019-20 of $550,969 to commence repayment of the COVID-19 Impact internal loan. If these proposals are endorsed by Council a balanced Budget result will be achieved in 2019-20.

Commentary is provided below on some of the more significant variations in the June Quarterly Review (F= Favourable, U= Unfavourable, A= Allocation). Further details of all proposed variations impacting the Budget position, variations with no impact on available funds, revotes, and reserve movements are detailed in the Organisational Performance Report – June 2020.

Proposed Variations impacting the Budget

Net Employee Costs- $1,496,768 F (1.3%)

During the first three quarters of the year salary savings of $265,091 were identified and retained in the Employee cost budget to offset any additional costs and assist in year-end balancing of this area. In the final quarter these salary savings were combined with the provision for retirement/resignations, with on-cost recovery adjustments, and the movement in ELE entitlements calculated as part of the end of year process, resulting in an overall $1,496,768 net favourable impact on employee costs.

Building Maintenance - $1,097,189 U (41%)

A substantial amount of unscheduled and reactive maintenance works was carried out in the 2019-20 financial year, some resulting from storm activity. Works included minor asset replacement of assets such as air conditioning units which could not be deferred, to ensure the comfort of users of the facilities. The primary sites included the Civic Centre and Queen Street sites, neighbourhood centre facilities (Londonderry NHC, Harold Corr Hall, Glenmore Park Family Precinct), Ripples swimming centres, childcare centres (Cook Parade CCC, Yoorami CCC), and the Penrith Regional Gallery.

The size of reactive maintenance shows the extent of Council building backlog. The Building Asset Renewal Program has been realigned with a focus on major refurbishment and upgrade of a smaller number of buildings, particularly those identified in the Sport and Recreation Strategy. A more accelerated program of building asset renewal and upgrade is required to address the ageing assets within the large building portfolio if the reactive maintenance expenditure is to be reduced.

Roads & Drainage Maintenance - $781,854 U (8%)

Council's Civil Maintenance team responded to 514 customer requests relating to potholes and replaced over 4,568 square metres of footpath to ensure our roads and pathways are in a serviceable and safe condition. A total of 173,374 square metres of road pavement have also been resurfaced. A total of 3.88 kilometres of footpath and 1.33 kilometres of shared use path have been constructed. A total of 880 tonnes of pollutants have been removed from our Gross Pollutant Traps (GPTs) and 53,000 square metres of open drains have been maintained as per program in the financial year of 2019-20.

Passive and Field Based Recreation Expenditure - $520,070 U (10%)

Throughout 2019-20 Council has undertaken a significant number of remediation and reactive maintenance works to ensure that Council's assets are safe for our workers and the community. In addition, Council has continued to proactively manage asbestos within the City. To ensure that Council meets SafeWork NSW and Environment Protection Authority requirements, all these matters have been attended to by licensed asbestos contractors with the asbestos being disposed of at lawful waste facilities.

S7.11 Lambridge Estate and Cultural Facilities – $492,873 F (100 %)

As reported to Council on 26 March 2018 the 2017-18 Borrowing Program included $2.9m to offset the S7.11 Lambridge Estate Plan that is currently in deficit, as agreed as part of the Financial Capacity Review. Also reported to Council on 25 February 2019 the 2018-19 Borrowing Program included $2.7m to offset the S7.11 Cultural Facilities Plan that is currently in deficit. Funding for the debt servicing costs for these loans was included in the 2016-17 SRV.

During 2019-20 Council has received development contributions for both Plans. These funds have reduced the total Plan deficit which in turn has reduced the funds required to be held in Reserve to reduce the possible impact to Council in the future.

Non- Domestic Waste Management Services - $399,960 F (33.9%)

Improvements in the management of non-domestic waste streams have been achieved under the new contract. Emphasis on contamination, collection efficiencies and vehicle movements has seen savings over the past 12 months. Vehicle movements have been reduced by incorporating civic waste collection services into the domestic collection services and street litter bin collection. A reduction in the size of bins and frequency of pickups has contributed to better outcomes.

The introduction of Council’s commercial waste service was delayed due to the complications of the domestic bin rollout and general impact of COVID-19 (general uncertainty, decline in business etc). It is hoped to resume the drive the introduction of Council’s commercial waste collection over the next 12 months.

Building Operations - $344,844 U (16%)

Council has received several requests for lock/unlock services of new facilities that have become operational and are expecting an increase in alarm monitoring and lock/unlock services as more new facilities come online. Additional patrols throughout the LGA, including the Judges Car Park have also had an impact on the budget. A more permanent solution was implemented at the Judges Place last financial year, but local businesses have favoured a security presence.

Transfer to COVID-19 Impact Reserve- $550,969 A

In order to track the actual impact of COVID-19 on Council’s operations and revenue, a separate COVID-19 Impact Reserve was created. This new Reserve will initially result in a deficit balance for the Reserve as we are only notionally funding from this Reserve against Council’s other internal unrestricted reserves. It is proposed as part of the June Quarterly Review that $550,969 of surplus funds be allocated to commence repayment of this internal loan.

Transfer to Financial Management Reserve- $493,467 A

The development of the annual budget each year requires a number of assumptions to be made in relation to both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $493,467 be transferred to Reserve. This allocation will provide capacity to respond to current and emerging priorities, and also fund priority resource requests.

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Performance Report – June 2020.

In addition to these adjustments a total of $5.0m of planned operating and capital projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date is $21.2m (including the proposed June Quarter revotes), compared to $19.3m for the same period in 2018-19. A full list of revotes is included in the Organisational Performance Report – June 2020.

COVID-19 Impact

As discussed earlier in this report, in order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve was created as part of the March Quarterly Review process. This new Reserve was established to track those impacts and initially resulted in a deficit balance for the Reserve, as we are only notionally funding from this Reserve. It has effectively resulted in a loan against our internal reserves, while appropriate recovery actions are considered by Council.

The COVID-19 impact has been reviewed as part of the June Quarterly Review process with the final general revenue impact for the year being $2.4m. It is proposed as part of the June Quarterly Review to allocate $550,969 of the surplus to commence repayment of the COVID-19 Impact Reserve, resulting in the net impact on General Revenue being revised to $1.8m.

Financial Implications

As mentioned above, initial predictions regarding the impact of COVID-19 on Council’s financial position were estimated at $3.7m and were incorporated in the March Quarterly Review with an internal reserve established to track this impact. The impact has been assessed as part of the June Quarterly Review process with the final general revenue impact for the year being $2.4m. It is proposed as part of the June Quarterly Review to allocate $550,969 of the surplus to commence repayment of the COVID-19 Impact Reserve, resulting in the net impact on general revenue being revised to $1.8m.

Risk Implications

Clause 203 of the Local Government Regulation requires that the Budget Review Statements, and a revision of estimates must be reported to the Council within two months after the end of each quarter (except the June quarter). However, it is considered prudent for councils to conduct this June Quarterly Review in line with the year-end Financial Statements process. This quarterly review incorporates a comprehensive analysis of Budgets vs Actual results across all areas of the organisation, and also proposes variations to annual Budget to be approved by the Council including Revotes.

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability.

Conclusion

This report, and the more detailed Organisational Performance Report – June 2020, demonstrates that Council has made significant progress over the past six months despite the many challenges presented by the current pandemic. The pre-audit end of year result is an excellent outcome and Council’s financial position remains sound with a surplus achieved in 2019-20 that has allowed Council the ability to transfer funds into Reserve for current and emerging priorities and to commence repayment of the COVID-19 Impact internal loan, resulting in a balanced Budget position for June 2020. This Review, and the proposed allocations, continue to demonstrate Council’s commitment to strong financial management.

The Organisational Performance Report – June 2020 will be placed on Council’s website and will be available in hard copy on request.

RECOMMENDATION

That:

1. The information contained in the report on Organisational Performance and Financial Review - June 2020 be received.

2. The Organisational Performance and Financial Review - June 2020 as at 30 June 2020, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report- June 2020, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Performance Report June 2020 for inclusion in the 2020-21 Operational Plan.

ATTACHMENTS/APPENDICES

1. ⇩

Organisational Performance Report - June 2020

116 Pages

Attachments Included

Ordinary Meeting 24 August 2020

Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures

Compiled by: Avanthi Fernando, Governance Officer

Authorised by: Adam Beggs, Acting Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have confidence in our Council
Strategy	Be open and fair in our decisions and our dealings with people
Service Activity	Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

Executive Summary

The Office of the Local Government (OLG) has amended the Model Code of Conduct
and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures). Council will need to adopt its Code of Conduct and Procedures based on the amended Procedures and Model Code of Conduct at tonight’s meeting. Both Model Code of Conduct and Procedures have been prescribed under the Local Government (General) Regulation 2005.

This report will outline the changes made to the Model Code of Conduct and the Procedures. The Model Code of Conduct prescribes the minimum requirements for all councils. Councils may adopt more onerous requirements in their Code of Conduct but cannot adopt requirements that are inconsistent with the Model Code.

Background

As prescribed under s440 of the Local Government Act, Councils are required to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. Penrith City Council has adopted the Model Code of Conduct and the Procedures as its Code of Conduct and Procedures in April 2019. In accordance with the recent changes introduced, Council is now required to adopt the prescribed changes into its Code of Conduct and Procedures.

Amendments to the Model Code of Conduct and Procedures 2020

While the OLG has made minor changes to the Model Code of Conduct, the Procedures have been amended in response to the decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134

Key changes to the Procedures

Councils now have the following options when taking disciplinary action against councillors for breaches of their codes of conduct under the new Procedures:

· that a councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (the Act), or

· that a councillor be formally censured for a breach under section 440G and the matter referred to OLG for further disciplinary action under the misconduct provisions of the Act.

The process for censuring councillors for breaches of the code of conduct has been amended to ensure councillors are made publicly accountable to their electors for their conduct:

· When censuring councillors, councils are required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate.

· Councillors may seek to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators can finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the matter they are investigating. However, it will remain open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted.

The process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act has been streamlined:

· Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently serious to warrant disciplinary action for misconduct and that there is sufficient evidence of the breach to allow OLG to take further disciplinary action.

Other amendments have been made to the Procedures to:

· allow panels of conduct reviewers to be appointed without a resolution of the council

· allow the referral of investigators’ reports to OLG for action under the misconduct provisions of the Act where the council will not have a quorum to deal with the matter

Key changes to the Model Code of Conduct

The Model Code of Conduct has been amended to:

· remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach since it is now redundant

· update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards

· In the definition of council committee and council committee members, now include
members of audit, risk and improvement committees (ARICs). This is in anticipation of the commencement of the requirement for all councils to appoint an ARIC following the next local government elections

Amendments have also been made to the gifts and benefits provisions of the Model Code of Conduct. As such:

· the $50 cap on the value of gifts that may be accepted has been lifted to $100

· items with a value of $10 or less are not “gifts or benefits” for the purposes of the Model Code of Conduct and do not need to be disclosed

· benefits and facilities provided by councils (as opposed to third parties) to staff and councillors are not “gifts or benefits” for the purposes of the Model Code of Conduct and

· the cap on the value of meals and refreshments that may be accepted by council officials in conjunction with the performance of their official duties is removed.

Code of Meeting Practice

A minor review of the Model Code of Meeting Practice was undertaken in conjunction with the Model Code of Conduct Review and as a result it was made a requirement for councils to retain recordings of meetings on their websites for at least 12 months in accordance with the Local Government (General) Regulation 2005.

As Council’s Model Code of Meeting Practice already included this provision there is no need to re-adopt the Council’s Model Code of Meeting Practice.

Financial Implications

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

Risk Implications

Council must adopt the revised model Code of Conduct and Procedures. There are no specific risks associated with the recommendations provided in this report.

Conclusion

The Procedures have been amended to be consistent with the Supreme Court’s decision and the Model Code of Conduct has been amended with minor changes. In accordance with these changes, Council is required to adopt the prescribed changes into its Code of Conduct and Procedures at tonight’s meeting.

RECOMMENDATION

That:

1. The information contained in the report on Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures be received

2. Council adopt the Model Code of Conduct for NSW Councils as its Code of Conduct

3. Council adopt the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW as its Procedures.

ATTACHMENTS/APPENDICES

1. ⇩	Model Code of Conduct 2020	62 Pages	Attachments Included
2. ⇩	Procedures for the Administration of the Model Code of Conduct 2020	52 Pages	Attachments Included
3. ⇩	Summary of changes including relevant Clauses	3 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 (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor/Deputy Mayor
ü	Meeting at which the 2019- 2020 Annual Statements are presented
∞	Meeting at which any comments on the 2019-2020 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate documents

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Plan and deliver Council's major capital projects for open space and recreation