25 September 2017

BUSINESS PAPER

In his role representing the community on the Forum On Western Sydney Airport (FOWSA), His Worship the Mayor, Councillor John Thain and fellow FOWSA members Gordon Henwood and Wayne Willmington had a site visit of Sydney Airport including the Air Traffic Control Tower on 29 August 2017.

Ordinary Meeting

25 September 2017

penrithcity.nsw.gov.au

BUSINESS PAPER

Ordinary Meeting

25 September 2017

penrithcity.nsw.gov.au

22 September 2017

Dear Councillor, In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 25 September 2017 at 7:00PM. Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting. Yours faithfully

Alan Stoneham General Manager

BUSINESS

1. LEAVE OF ABSENCE 2. APOLOGIES 3. CONFIRMATION OF MINUTES Ordinary Meeting - 28 August 2017. 4. DECLARATIONS OF INTEREST Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item) Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item) 5. ADDRESSING COUNCIL 6. MAYORAL MINUTES Year in Review 2016/17. Passing of Helen Walker OAM. 7. NOTICES OF MOTION TO RESCIND A RESOLUTION 8. NOTICES OF MOTION AND QUESTIONS ON NOTICE 9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Access Committee Meeting - 9 August 2017. Local Traffic Committee Meeting - 4 September 2017. Policy Review Committee Meeting - 11 September 2017. 10. DELIVERY PROGRAM REPORTS 11. REQUESTS FOR REPORTS AND MEMORANDUMS 12. URGENT BUSINESS 13. COMMITTEE OF THE WHOLE

Enquiries regarding this Business Paper should be directed to the Governance Coordinator, Mr Adam Beggs on (02) 4732 7597

ORDINARY MEETING

MONDAY 25 SEPTEMBER 2017

TABLE OF CONTENTS

ADVANCE AUSTRALIA FAIR

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

PRAYER

COUNCIL CHAMBER SEATING ARRANGEMENTS

MEETING CALENDAR

CONFIRMATION OF MINUTES

PROCEDURE FOR ADDRESSING COUNCIL MEETING

MAYORAL MINUTES

REPORT AND RECOMMENDATIONS OF COMMITTEES

DELIVERY PROGRAM REPORTS

ADVANCE AUSTRALIA FAIR

Australians all let us rejoice, For we are young and free; We’ve golden soil and wealth for toil; Our home is girt by sea; Our land abounds in nature’s gifts Of beauty rich and rare; In history’s page, let every stage Advance Australia Fair.

In joyful strains then let us sing, Advance Australia Fair.

Beneath our radiant Southern Cross We’ll toil with hearts and hands; To make this Commonwealth of ours Renowned of all the lands; For those who’ve come across the seas We’ve boundless plains to share; With courage let us all combine To Advance Australia Fair.

In joyful strains then let us sing, Advance Australia Fair.

Statement of Recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

PRAYER

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life. We come together as representatives of our community to make decisions that will benefit this city and the people within it.

We come not in a spirit of competition, not as adversaries, but as colleagues. Help us to treat each other with respect, with dignity, with interest and with honesty. Help us not just to hear the words we say, but also to hear each others hearts. We seek to be wise in all that we say and do.

As we meet, our concern is for this city. Grant us wisdom, courage and strength.

Lord, help us. We pray this in the name of Jesus Christ our Lord. Amen.”

For members of the Council Chambers public addressing the meeting Seating Arrangements Executive Managers Lectern

Clr Marcus Cornish a i North Ward Assistant

Med Clr Bernard Bratusa General East Ward Manager

Craig Butler

Clr Tricia Hitchen East Ward Executive

Manager - Clr Joshua Hoole Community South Ward Vicki O’Kelly

Clr Mark Davies General Manager South Ward Alan Stoneham

Clr Jim Aitken OAM

North Ward y

r His Worship the Mayor alle Clr Ross Fowler OAM

G Councillor South Ward c John Thain

Clr Kevin Crameri OAM Publi North Ward

Clr Karen McKeown Governance South Ward Coordinator Adam Beggs

Clr Aaron Duke North Ward

Clr Todd Carney East Ward Minute Clerk

Clr Greg Davies East Ward

Clr Ben Price East Ward

Clr Kath Presdee

South Ward

s r

Executive Managers Manage

Oath of Office

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Affirmation of Office

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

Local Government Act 1993, Section 233A

2017 MEETING CALENDAR January 2017 - December 2017 (Adopted by Council - 28 November 2016 and Amended April 2017)

JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TIME Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon

18 6 1❖ (7.00pm) Ordinary Council Meeting 7.30pm

27@ 27 10 22# 26* 24 28@ 25^✓ 23∞ 27#+

13 13 8 10 14 11 9 11 Policy Review Committee 7.00pm 13

❖ 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 ✓ Meeting at which the 2016-2017 Annual Statements are presented ∞ Meeting at which any comments on the 2016-2017 Annual Statements are presented + Meeting at which the Annual Report is presented

- Extraordinary Meetings are held as required. - Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact Governance Coordinator, Adam Beggs.

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 28 AUGUST 2017 AT 7:33PM

NATIONAL ANTHEM The meeting opened with the National Anthem.

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

PRAYER

The Council Prayer was read by Rev Neil Checkley.

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

LEAVE OF ABSENCE

Leave of Absence was requested by the Mayor, John Thain on behalf of Councillor Jim Aitken OAM for 28 August 2017 to 11 September 2017 inclusive.

189 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke that the leave of absence be granted to Councillor Jim Aitken 28 August 2017 to 11 September 2017 inclusive.

Councillor Joshua Hoole, arrived at the meeting the time being 7:36pm.

APOLOGIES There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 24 July 2017 190 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the minutes of the Ordinary Meeting of 24 July 2017 be confirmed.

DECLARATIONS OF INTEREST Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia as he works for Golf NSW, his son is an employee of Wallacia Golf Club and he is a past Chairman and a current member of the club. Councillor Bratusa indicated he will remain in the room and vote on the matter.

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Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia as he is a current member of Wallacia Golf Club. Councillor Fowler indicated he will remain in the room and vote on the matter.

Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Less than significant in Item 3 - Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd; Owner: ~William J Cammack as he is the Chair of the Heritage Committee and Patron of Nepean Historical Society. Councillor Cornish indicated he will remain in the room and vote on the matter.

SUSPENSION OF STANDING ORDERS 191 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:39pm.

Mr James Broadbent

Item 2 – Planning Proposal – Prohibition of cemeteries and crematoriums in Mulgoa Valley & Wallacia

Mr Broadbent a resident of Mulgoa and cultural historian, spoke in support of the recommendation and commended council staff on their hard work. Mr Broadbent stated that the landscape of Mulgoa Valley is of great importance to the wider community and is rich in historic buildings and value. Mr Broadbent believes this is an important unique area that shows history of pastoral development and the benefits of conservation that is of national significance and requires conservation.

Ms Lisa Harrold

Item 2 – Planning Proposal – Prohibition of cemeteries and crematoriums in Mulgoa Valley & Wallacia

Ms Harrold, a resident of Mulgoa, and committee member of the Mulgoa Progress Association and Coordinator of the Mulgoa Landcare Group spoke in support of the recommendation. Ms Harrold stated that the Valley is a unique area, cherished by the community and the heritage landscape cannot be recreated or relocated. Ms Harrold voiced her concerns of the misinformation given by Rookwood Cemeteries Trust and stated she is against their proposal of destruction of the unique heritage Landscape of Fernhill. The prohibition of such uses will better preserve the future for Wallacia and Mulgoa. Ms Harrold concluded by thanking the council for the proposal and encouraged the continued protection of the land and to reject any future planning proposals in this area.

Mr Randon Ilic

Item 2 – Planning Proposal – Prohibition of cemeteries and crematoriums in Mulgoa Valley & Wallacia

Mr Ilic, affected person, spoke against the recommendation. Mr Ilic raised his concerns about the drafting not the general intent of the report. Mr Ilic asked why the proposal needs to extend over areas already prohibited for cemeteries. Mr Ilic stated that cemeteries are

This is Page No 2 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017 currently only permitted in zones E3, RU2 and RU4 and believes the planning proposal does not need to include or deal with lands in other zones, especially RU1 to achieve its objective. Mr Ilic finished by asking Council to consider removing ‘and Wallacia’ from the proposal and the wording should be changed to be more specific.

Mr Warwick Stimson

Item 3 – Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd; Owner: ~William J Cammack

Mr Stimson, Planning Consultant, spoke in support of the recommendation. Mr Stimson believes council should approve the Development Application as it is consistent with planning controls. Mr Stimson explained that this property is not listed as a heritage item on the Penrith LEP 2010 and Council has decided twice before not to list the property. Mr Stimson further told the Councillors that the Woodriff family has insubstantial connections and this property has been zoned this way for a while and to change that not would be detrimental to the council for investors future confidence.

Mr William Cammack

Mr Cammack, affected person, spoke in support of the recommendation. Mr Cammack stated this is the third time this property has been rejected to be a heritage listed house and believes nothing has changed. Mr Cammack requested Council support the proposed development application.

Ms Shari Hussein

Ms Hussein, friend of Combewood member, spoke against the recommendation. Ms Hussein stated that this property is of heritage significance and the architecture is of value. Ms Hussein expressed that there was a lack of community involvement in this matter and urged the council to ‘hit pause’ on the matter to address the errors of judgement and law for not including this property on the heritage list. Ms Hussein further stated that a meeting with Council staff, Councillors, the owner and Combewood should be organised to discuss this matter.

192 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that an extension of time be granted to the speaker so that she may finish her address, the time being 7:13pm.

Ms Hussein concluded by requesting this item be deferred and a heritage assessment and interim heritage order be sought including the interior of the building and the holding of a public meeting to discuss concerns.

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Councillor Ben Price left the meeting, the time being 8:15pm.

Councillor Ben Price returned to the meeting, the time being 8:18pm.

Mr Leslie Stimson

Mr Stimson, affected person, spoke against the recommendation. Mr Stimson believes this site is of significant historical value and prominent value also to the Penrith Community. Mr Stimson believes by allowing this demolition of this residence, it could likely set a precedence for other historical homes in Penrith to follow suit. Mr Stimson objects strongly to the development application as he believes there are few dwellings left that hold history in the area. Mr Stimson concluded by urging the council to reject the development application and seek adequate heritage classification for Rodley House and an equitable solution for those concerned.

Mr Richard Ward

Mr Ward, citizen of Penrith, spoke against the recommendation. Mr Ward voiced his concerns for the proposed development application and spoke against it as he believes there are very few historic buildings left in Penrith. Mr Ward continued to explain the huge loss to the community and the recent visit from a local primary school and how much value was taken away from the day of learning of the history of Penrith. Mr Ward expressed how this area is a tourism spot of Penrith and the open days are always busy and this house is not only important to Penrith but to the state and country. Mr Ward concluded by expressing his concerns for the development application as Penrith is a great place to live, however, this is not the right spot for this application.

Mr Simon Goold

Item 7 – Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa Applicant: Bow Goold Architects; Owner: ~Nepean District Christian Education Association Ltd

Mr Goold, Applicant’s spokesperson, spoke in support of the recommendation for Council’s adoption and thanks the council for the work completed and assessment undertaken.

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RESUMPTION OF STANDING ORDERS 193 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that Standing Orders be resumed, the time being 8:30pm.

MAYORAL MINUTES

1 Passing of Evelyn Doreen Warburton OBE Councillor Tricia Hitchen spoke in support of the Mayoral Minute. 194 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen that the Mayoral Minute on Passing of Evelyn Doreen Warburton OBE be received.

REPORTS OF COMMITTEES

1 Report and Recommendations of the Resilience Committee Meeting held on 5 July 2017 195 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 5 July, 2017 be adopted.

2 Report and Recommendations of the Local Traffic Committee Meeting held on 7 August 2017 196 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 August, 2017 be adopted.

3 Report and Recommendations of the Policy Review Committee Meeting held on 14 August 2017 197 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 August, 2017 be adopted.

Procedural Motion 198 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that Item 2 - Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia and Item 3 - Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd; Owner: ~William J Cammack be considered before Item 1 - Union Road Request For Proposal (RFP).

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DELIVERY PROGRAM REPORTS

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

2 Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia 199 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia be received 2. Council sponsor and endorse the attached “Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia” to be forwarded to the Department of Planning and Environment/ Greater Sydney Commission seeking a Gateway Determination under s56 of the Environmental Planning and Assessment Act 1979 after amending the subject area to exclude land zoned RU1 – Primary Production in Wallacia. 3. The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Department of Planning & Environment / Greater Sydney Commission seeking the Gateway Determination. 4. Council seek approval from the Gateway to publicly exhibit the “Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia” in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Environment as part of the s56 Gateway Determination. 5. The Greater Sydney Commission be requested to delegate its authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010. 6. A further report be presented to Council following the Public Exhibition.

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 Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

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3 Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd; Owner: ~William J Cammack A MOTION was MOVED by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith be received.

2. The item be deferred to a future Council meeting until an inspection of the site has been undertaken. 200 An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded Councillor Mark Davies

That: 1. The information contained in the report on Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith be received. 2. The proposed variation to the maximum building height standard under Clause 4.6 of Penrith Local Environmental Plan 2010 be supported. 3. Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Buildings containing 79 Apartment & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith be approved subject to the following conditions of consent: 3.1 Standard Conditions A001 – Approved Plans A008 – Works to BCA requirements A019 – Occupation Certificate A038 – Lighting system A046 – Obtain Construction Certificate before commencement of works B002 – AS for demolition and disposal to approved landfill site B003 – Asbestos B006 – Hours of work (demolition) C002 – Archival Recording D001 – Implement approved erosion and sediment control measures D006 – No filling without prior approval D009 – Covering of waste storage area

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D010 – Appropriate disposal of excavated or other waste D013 – Approved noise level 1 E01A – BCA compliance E009 – Annual fire safety statement G002 – Section 73 Certificate G004 – Endeavour Energy clearance G006 – NBN connection H001 – Stamped plans and erection of site notice H002 – During construction requirements H033 – Clothes line H041 – Hours of work H042 – Adaptable dwelling certification K101 – Works at no cost to Council K201 – Infrastructure bond K202 – S138 Roads Act – Works and Structures K203 - S138 Roads Act – Works and Structures K210 – Stormwater management K222 – Access, car parking and manoeuvring K224 – Construction traffic management plan K225 – Performance Bond K226 – Basement Geotechnical Testing/ Dilapidation Report K301 – Sediment and Erosion Control K405 – Turf to verge K406 – Underground Services K501 – Penrith City Council clearance for Roads Act works K503 – Works as executed K504 – Stormwater compliance K505 – Restriction as to user and positive covenant (OSD and WSUD) K515 – Maintenance Bond K601 – Stormwater management system operation and maintenance L001 – Landscape approved plans L002 – Landscape construction L003 – Landscape report requirements L005 – Planting of plant material L006 – Landscape AS requirements L007 – Tree protection measures L008 – Tree preservation order

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L010 – Retain existing trees N001 – Section 94 contribution: Cultural Facilities N002 – Section 94 contribution: District Open Space N003 – Section 94 contribution: Local Open Space Q01F – Notice of commencement and appointment of PCA Q006 – Occupation Certificate 3.2 Special Conditions

3.2.1 Prior to the issue of a Construction Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the Construction Certificate plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development. 3.2.2 Prior to the issue of an Occupation Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the development achieves the design quality shown in the approved Construction Certificate plans and specifications, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development. 3.2.3 A final materials and finishes schedule is to be submitted to and approved by the Manager Development Services at Penrith City Council prior to the issue of a Construction Certificate. 3.2.4 Prior to the issue of a Construction Certificate, the location and position of any required fire hydrants and boosters shall be submitted to and approved by Council. The location of these service requirements shall be integrated with the built form to reduce visual impacts along the street frontage. 3.2.5 All mechanical ventilation equipment, ducts, air conditioner services and the like shall be shown on the Construction Certificate documentation as being contained within the building. Gutters and down pipes shall be integrated into the architecture of the building. Any plant or unsightly structures installed on the rooftop must be screen from view. 3.2.6 Prior to the issue of a Construction Certificate and/or Occupation Certificate (as relevant), the following Crime Prevention Through Environmental Design measures shall be incorporated into the development: Car Parking A security system must be installed on any pedestrian and vehicle entry/exit points to the car park, including the lift and stairwell, to minimise opportunities

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for unauthorised access.

All areas of the car park (including lift lobbies, stairwells, garbage rooms and storage areas) must be well-lit, with consistent lighting to prevent shadowing or glare.

Signage must be in place to clearly identify exit and access points, the location of lifts and stairwells.

All surfaces in the car park should be painted in light coloured paint or finished in light coloured concrete to reflect as much light as possible. Residential Each building entry should clearly state Developments the unit numbers accessed from that Building entry. Identification Each individual dwelling should be clearly numbered.

Unit numbers should be clearly provided on each level. Building Intercom, code or swipe card locks or Security & similar must be installed for main entries Access Control to buildings including car parks.

Main entry doors for apartment buildings should be signed requesting residents to not leave doors wedged open.

Australian Standard 220 door and window locks must be installed in all dwellings including doors onto balconies, to minimise the risk of break and enter offences.

If security grills are used on windows they should be operable from inside in case of emergencies.

Letterboxes must not be placed on an independent block separate from the main building envelope of the development. Access for residents should be from within a secure building, and with no front flap lock on the boxes that can be easily broken.

CCTV cameras must be provided to public areas of the development. As a

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minimum, cameras must be positioned to provide coverage of vehicular and pedestrian entry/exit points (including entries/exits to buildings), key thoroughfares and activity nodes as well as all areas of the car park. Signage must be provided to indicate that CCTV cameras are in operation. Graffiti/Vandalis Procedures must be in place to ensure m the prompt removal and/or repair of graffiti or vandalism to the buildings, fencing, commercial tenancies and common areas. This includes reporting incidents to police and/or relevant authorities.

Graffiti resistant coatings must be used to external surfaces where possible, including signage, furniture, retaining walls, the architectural screen shielding the car park etc. Way Finding/ Signs should be strategically located at Finding Help entrances and near activity nodes such as intersections of corridors or paths.

Signs should indicate how to report maintenance problems in the complex.

Signs throughout the development should be large and legible, and strong colours, standard symbols and simple graphics. They should indicate where to go for help or assistance. Fencing Front fences should preferably be no higher than 1.2 metres. Where a higher fence is proposed, it will only be considered if it is constructed of open materials e.g. spaced pickets, wrought iron etc.

Fence design to the ground floor units should maximise natural surveillance from the street to the building and from the building to the street, and minimise the opportunities for intruders to hide.

3.2.7 Should any "unexpected finds" occur during the excavation and earthworks, including, but not limited to, the identification/finding of contaminated soils, buried building materials, asbestos, odour and/or staining, works are to cease immediately and Council is to be notified. Any such "unexpected finds" shall be addressed by an appropriately qualified environmental consultant.

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All remediation works within the Penrith Local Government Area are considered to be Category 1 works under State Environmental Planning Policy No. 55 - Remediation of Land. Should any contamination be found during development works and should remediation be required, development consent is to be sought from Penrith City Council prior to remediation works commencing. 3.2.8 Wastewater from the washing of garbage bins and vehicles is not to enter the stormwater system. 3.2.9 Dust suppression techniques are to be employed during demolition and construction to reduce any potential nuisances to surrounding properties.

3.2.10 Mud and soil from vehicular movements to and from the site must not be deposited on the road. 3.2.11 Prior to the erection of any crane or any temporary construction structure at a height greater than the roof of the subject development, written notice shall be provided to Council at least 21 days prior to the erection, indicating at least the following: (i) Name of responsible company and relevant contact details. (ii) Dimensions (height, length, etc.) (iii) Position and orientation of boom/jib and counter boom/jib (iv) Length of time that such a crane or structure will be erected on site.

Any crane or any temporary construction structure erected at a height greater than the roof of the subject development shall comply with the following: • Be equipped with medium intensity steady red lighting positioned at the highest point and both ends of the boom/jib and counter boom/jib, such that the lighting will provide an indication of the height of the crane and the radius of the crane boom/jib. Such lighting, is to be on and displayed at all times of the day and night, should be positioned so that when displayed it is visible from all directions. • When a crane is unattended for an extended period of time ensure the crane’s boom is retracted and lowered as far as possible. • Any encroachment of the crane or its components beyond the boundaries of the subject site shall be the minimum amount required to facilitate construction and access all parts of the construction site. 3.2.12 All mechanical plant and equipment is to comply with the noise criteria outlined in 'Proposed Residential Development: 12 Vista Street, Penrith NSW 2750 - Road Traffic Noise and Mechanical Plant Assessment' prepared by Rodney Stevens Acoustics Pty Ltd dated 5 April 2017 (Ref. R170160R1).

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Prior to the issue of the Construction Certificate, further details on the type and location of all mechanical plant and equipment associated with the development it to be provided to Council for consideration and approval. Suitable data and information on the noise impacts associated with this plant and equipment is to be reviewed by an acoustic consultant and written correspondence is to be supplied to demonstrate compliance with the established noise criteria. 3.2.13 Construction works shall be carried out in accordance with the NSW Department of Environment and Climate Change’s “Interim Construction Noise Guideline” 2009. 3.2.14 The current waste infrastructure provided within the development is to be built in accordance with configurations specified in the architectural plans labelled Ground Level (drawing number DA06, issue B), Basement 1 (drawing number DA11, issue B) and Swept Path Waste Bay (drawing number DA22, issue B). 3.2.15 Prior to the issue of an Occupation Certificate, the following is to be provided: (a) A boom gate or equivalent infrastructure is to be installed at the waste truck entrance to restrict access to the waste collection bay to Councils collection vehicles only. System to implement an abloy key system to facilitate access. (b) An abloy key system on each of the dual access doors of the bulky waste room to restrict resident access. (c) Installation of respective electrical requirements to operate each of the 10m3 integrated auger compactor in accordance with section 7.2.2 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website. (d) Implementation of guide rails for each of the 10m3 integrated auger compactors in accordance with section 7.2.4 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website. (e) Hydraulic override system to be implemented within the turn table in accordance with section 3.2.5 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website. (f) A power source for each of the bin lifters is to be provided in accordance with section 7.2.5 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website. 3.2.16 Prior to the issue of an Occupation Certificate (to facilitate bulky waste collection), a "Loading Zone" restriction is to be implemented as shown in the Site Layout Plan. This is to be approved by Council's Local Traffic Committee prior to implementation and installed at no cost to Council. 3.2.17 Prior to the issue of any Occupation Certificate, all dwellings within Penrith LGA are required to enter a formal agreement

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with Penrith City Council for the utilization of Council’s Waste Collection Service. This is to include Council being provided with indemnity against claims for loss or damage.

Note: By entering into an agreement with Council for waste collection, the development will be required to operate in full compliance with Penrith City Councils Waste collection and Processing Contracts for Standard Waste Collection. The provision of Council’s waste collection service will not commence until formalisation of the agreement. The original signed copy is to be submitted to Council. The document can be downloaded via the following link: https://www.penrithcity.nsw.gov.au/Building-and- Development/Development-Applications/Forms/ 3.2.18 Prior to the issue of an Occupation Certificate, the developer is to enter into a formal agreement with Penrith City Council for the utilisation of Council's Waste Collection Service. This is to include Council being provided with indemnity against claims for loss or damage. Note: By entering into an agreement with Council for waste collection, the development will be required to operate in full compliance with Penrith City Council's Waste Collection and Processing Contracts for Standard Waste Collection. The provision of Council's waste collection service will not commence until formalisation of the agreement. 3.2.19 The trees Nos. 18, 19, 20, 28, 29, 30 & 52 must be retained and protected in accordance with the recommendations of the Arboricultural Impact Appraisal and Method Statement, prepared by Naturally Trees and dated 7 April 2017. 3.2.20 The trees approved by Council for removal shall be removed in a manner so as to prevent damage to those trees that are to be retained. 3.2.21 All fencing required by the development shall be constructed at full cost to the property owner or developer of the site. 3.2.22 To ensure a high quality finish internal and external of the development site, any retaining walls shall be of solid masonry construction. The surface shall be either rendered to match the external colour schedule or constructed in a face brick finish. 3.2.23 All precautions shall be taken to adequately protect trees on public property (i.e. footpaths, roads, reserves, etc.) against damage during the construction phase of the development. No trees on public property shall be removed, pruned or damaged during construction. This includes the erection of any fences, hoardings or other temporary works. The placement of construction materials beneath the canopy of street trees is prohibited. 3.2.24 Subleasing of car spaces is not permitted by this consent. 3.2.25 All car spaces and loading areas are to be sealed/line marked and dedicated for the parking of vehicles only and not to be

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used for storage of materials/products/waste materials etc. 3.2.26 Prior to the issue of an Occupation Certificate, secure bicycle parking is to be provided at convenient locations in accordance with AS 2890.3 Bicycle Parking Facilities to the satisfaction of the Principal Certifying Authority. 3.2.27 Signage indicating the location of visitor parking is required at the driveway entrance. 3.2.28 The required sightlines around the driveway entrances are not to be compromised by landscaping, fencing or signage. 3.2.29 All vehicles are to enter/exit in a forward direction. 4 Those individuals who made a submission be advised of Council’s decision. The AMENDMENT was PUT. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Against Councillor Bernard Bratusa Councillor Kath Presdee Councillor Karen McKeown Councillor Kevin Crameri OAM Councillor John Thain Councillor Marcus Cornish Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Against Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor Marcus Cornish Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price Councillor Kath Presdee

This is Page No 15 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

OUTCOME 1 - WE CAN WORK CLOSE TO HOME

1 Union Road Request For Proposal (RFP) 201 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Price That: 1. The information contained in the report on Union Road Request For Proposal (RFP) be received. 2. After considering the responses to the Union Road Request for Proposal and in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (the Regulation), Council decline to accept any of the tenders. 3. In accordance with clause 178(3)(e) of the Regulation, Council authorise the General Manager to enter into negotiations with Fraser Property Group with a view to entering into a contract in relation to the subject matter of the tender. 4. The negotiations with Fraser Property Group occur on the basis that a Negotiations Protocol is executed by the parties. 5. In the event that the negotiations with Frasers Property Group are unsuccessful then Council authorise the General Manager to enter into negotiations with St Hilliers with a view to entering into a contract in relation to the subject matter of the tender. 6. If negotiations with St Hilliers occur then a Negotiations Protocol be executed by the parties. 7. Pursuant to clause 178(4)(a) of the Regulation, the Council’s reasons for declining to invite fresh tenders are: a. The tenders from Frasers Property Group and St Hilliers satisfactorily address the evaluation criteria for the proposal. b. The tenderers and the community would be prejudiced if fresh tenders were called, as both tenders offer value for money. c. The tenders are consistent with the adopted Penrith Progression Action Plan. d. The tenders are consistent with the Community Strategic Objectives as adopted in the Community Strategic Plan. e. The terms of the tenders from Frasers Property Group and St Hilliers are not certain and final to enable the execution of commercial contracts. f. To allow for a process to reach finality and certainty of the contractual terms with Fraser Property Group, and failing negotiations with Frasers Property Group, then St Hilliers.

8. Pursuant to clause 178(4)(b) of the Regulation, the Council’s reasons for determining to enter into negotiations with Frasers Property Group are: a. To allow for a process to reach finality and certainty of the contractual terms. b. The Frasers Property Group’s tender satisfactorily addresses the evaluation criteria for the proposal and based on the evaluation was determined to be the preferred proposal. c. The Fraser Property Group proposal is a project that is catalytic for the transformation of the City Centre. It is city shaping and will set a new

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benchmark for city projects. d. The provision of 1,631 public parking spaces in Council ownership on beneficial commercial terms. e. The podium public carpark has the capacity for adaptive re-use in the future given the increased floor to ceiling heights. f. Fraser Property Group has demonstrated capability and experience in delivering projects in partnerships with Government and Council. g. Fraser Property Group have a strong, demonstrated commitment to sustainability and are considered industry leaders in this regard. h. Fraser Property Group have assembled a strong team of award winning consultants to complement their in-house team.

9. If negotiations with Frasers Property Group are unsuccessful, and pursuant to clause 178(4)(b) of the Regulations the Council’s reasons for determining to enter into negotiations with St Hilliers are: a. To allow for a process to reach finality and certainty of the contractual terms. b. The St Hilliers’ tender satisfactorily addresses the evaluation criteria for the proposal. c. The St Hilliers’ proposal would be an evolution of current City Centre developments with residential apartments provided in buildings up to 7 storeys and retail for ground plane activation. d. The 1,631 public parking spaces are proposed to be located within a free standing multi deck car park at the western end of the Union Road site with a total of 8 parking levels (2 basements and 6 upper levels). e. St Hilliers have a strong team including an architect who has local experience from Thornton and Penrith, as well as their broader national experiences. A strength of this submission is the permeability of their Proposal and the focus on the activation of Union Lane. f. The development is generally compliant with current planning controls and does not appear to require a Planning Proposal. g. Council would own the completed carpark. h. Favourable commercial terms are being offered.

10. The terms of the Negotiations Protocol include aims, objectives, constraints and agreed minimum bargaining positions and be substantially in accordance with the proposals submitted by Fraser Property Group or St Hilliers if negotiations fail with Frasers Property Group. The Negotiations Protocol is also to be consistent with: a. The Direct Negotiations Guidelines of the Independent Commission Against Corruption; b. Council’s Code of Conduct; c. The Tendering Guidelines issued by the Office of Local Government; d. and be adopted by the Chief Governance Officer.

11. It is noted that Council has adopted a selective tender process in accordance with clause 168 of the Regulation in relation to the development of the Union Road site. 12. Notwithstanding Council’s intention that this matter be dealt with as a selective tender process, if the Office of Local Government determines that this matter be dealt with as a PPP (Public Private Partnership), the General Manager be delegated authority to commence the PPP process with the Office of Local Government and the Preferred Proponent.

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13. Council allocate $1.2m from the Financial Management Reserve to commence design and planning for the car park solutions at Soper Place and North Street as detailed in this report.

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

4 Heritage Assistance Fund 2017-2018 Councillor Ross Fowler left the meeting, the time being 9:51pm. 202 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Joshua Hoole That: 1. The information contained in the report on Heritage Assistance Fund 2017- 2018 be received. 2. Council endorse the funding allocation as outlined in the report.

5 Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys Councillor Kevin Crameri left the meeting, the time being 9:53pm. 203 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys be received. 2. The applicant be advised in writing that section 94 contributions associated with Stage 1 of the approved development are waived and that Section 94 contributions associated with Stage 2 are to be paid in accordance with the conditions outlined within the issued consent. 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 Bernard Bratusa Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

This is Page No 18 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

6 Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville Applicant: Foothills Vineyard Church; Owner: ~Isaiah's Vision Ltd 204 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown That: 1. The information contained in the report on Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville be received. 2. Modification Application DA16/1007.01 for Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville be approved subject to the following amendments to the issued conditions of consent: a. Standard Conditions A001 General The development must be implemented substantially in accordance with the plans tabled below, and stamped approved by Council, the application form and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

Plans Numbered Drawn By Dated

1475.GD.01 7 September Landscape Plan Greenland Design (Issue A) 2016

Landscape Details 1475.GD.02 7 September Greenland Design and Specifications (Issue A) 2016

1724 - Sheet Site Plan TJK Design 12 August 2017 1 (Issue E)

1724 - Sheet Floor Plan TJK Design 12 August 2017 2 (Issue E)

1434 - Sheet Elevations Plan TJK Design 12 August 2017 3 (Issue E)

Sections Plan Issue E TJK Design 12 August 2017

K203 S138 Roads Act Prior to the issue of any Construction Certificate, the Certifying Authority shall ensure that a Section 138 Roads Act application, including payment of application and inspection fees, has been lodged with, and approved by Penrith City Council (being the Roads Authority under the Roads Act), for provision of kerb and gutter, piped drainage and half road width pavement construction in Factory Road from the eastern property boundary to a distance of 10m past the western kerb line of Loftus Street, matching the southern side of Factory Road. This is Page No 19 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

Engineering plans are to be prepared in accordance with the development consent, Penrith City Council’s Design Guidelines for Engineering Works for Subdivisions and Developments, Engineering Construction Specification for Civil Works, Austroads Guidelines, and best engineering practice. Contact Penrith City Council's Development Engineering Department on (02) 4732 7777 or visit Penrith City Council’s website for more information. Note: a) Where Penrith City Council is the Certifying Authority for the development the Roads Act approval for the above works may be issued concurrently with the Construction Certificate. b) Separate approvals may also be required from the Roads and Maritime Services for classified roads. c) All works associated with the Roads Act approval must be completed prior to the issue of any Occupation Certificate or Subdivision Certificate as applicable. K509 Line Marking & Signage Prior to the issue of any Occupation Certificate the applicant shall provide regulatory ‘No Stopping’ signage along the property frontage from the eastern boundary of the development site to 10m past the western kerb alignment of Loftus Street.

Prior to the installation of any regulatory ‘No Stopping’ signage, plans showing the location of the ‘No Stopping’ signage and existing bus stop / bus zone signage are to be lodged with Penrith City Council and approved by the Local Traffic Committee.

Notes: a) Contact Penrith City Council’s Engineering Services Department on (02) 4732 7777 for further information on this process. b) Allow eight (8) weeks for approval by the Local Traffic Committee. c) Applicable fees are indicated in Council’s adopted Fees and Charges

K210 Stormwater Management The stormwater management system shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by SEEC, reference number 16000231, Drawing No's SWMP01 & SWMP02, revision 1, dated 20/09/2016.

Engineering plans and supporting calculations for the stormwater management systems are to be prepared by a suitably qualified person and shall accompany the application for a Construction Certificate. Prior to the issue of any Construction Certificate, the Certifying Authority shall ensure that the stormwater management system has been designed in accordance with Penrith City Council’s Stormwater Drainage for Building Developments and Water Sensitive Urban Design (WSUD) policies. All measures shall be implemented in accordance with the approved plans within two years of the issue of an occupation certificate. K504 Stormwater Compliance Within two years of the issue of any Occupation Certificate, the Principal Certifying Authority shall ensure that the:

a) Stormwater management systems (including on-site detention and This is Page No 20 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

water sensitive urban design) • Have been satisfactorily completed in accordance with the approved Construction Certificate and the requirements of this consent. • Have met the design intent with regard to any construction variations to the approved design. • Any remedial works required to been undertaken have been satisfactorily completed. Details of the approved and constructed system/s shall be provided as part of the Works As Executed drawings. K505 Restriction as to User and Positive Covenant Prior to the issue of final Occupation Certificate, a restriction as to user and positive covenant relating to the: a) Stormwater management systems (including on-site detention and water sensitive urban design)

Shall be registered on the title of the property. The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Stormwater and Drainage for Building Developments policy.

K Special Pavement Seal All areas required for vehicular access, car parking and manoeuvring are to be concreted or sealed with a bituminous pavement. Full details, including pavement design, are to be submitted with the Construction Certificate. The vehicular crossover and access handle are to be sealed from the road for a distance of 15m inside the property boundary prior to the issue of any Occupation Certificate. Final seal of the internal car parking areas shall be implemented in accordance with the approved plans within two years of the issue of an Occupation Certificate.

L001 Landscaping General All landscape works are to be constructed in accordance with the stamped approved plans within one year of any Occupation Certificate being issued.

Landscaping shall be maintained: • in accordance with the approved plan, and • in a healthy state, and in perpetuity by the existing or future owners and occupiers of the property. If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity as the vegetation which died or was removed. Q05F Occupation Certificate for Class An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation/use of the buildings. A Final Occupation Certificate shall not be issued if any conditions of this consent, but not the conditions relating to the operation of the development, are outstanding.

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A copy of the Occupation Certificate/s and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

7 Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa Applicant: Bow Goold Architects; Owner: ~Nepean District Christian Education Association Ltd Councillor Ross Fowler returned to the meeting, the time being 9:56pm. Councillor Bernard Bratusa left the meeting, the time being 9:58pm. Councillor Kevin Crameri OAM returned to the meeting, the time being 9:59pm. 205 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies That: 1. The information contained in the report on Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa be received. 2. Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa be approved subject to the following amendments to the issued conditions of consent: Condition 1 The development must be implemented and/or installed substantially in accordance with the following plans stamped approved by Council, the application form and any supporting information received with application, except as may be amended in red on the attached

This is Page No 22 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017 plans and by the following conditions.

Drawing Title Plan No. Prepared By Date Site Plan Job No. 1411 Bow Goold Architects March 2015 DA01 Issue A Site Analysis Job No. 1411 Bow Goold Architects March 2015 DA02 Issue A Roof Plan Job No. 1411 Bow Goold Architects March 2015 DA03 Issue A Blocks 4 & 6 – Floor Job No. 1411 Bow Goold Architects March 2015 Plans DA04 Issue A Blocks 4 & 6 – Job No. 1411 Bow Goold Architects March 2015 Elevations & Section DA05 Issue A Blocks 5 – Floor Plan Job No. 1411 Bow Goold Architects March 2015 DA06 Issue A Blocks 5 - Elevations Job No. 1411 Bow Goold Architects March 2015 DA07 Issue A Blocks 8 – Floor Plan Job No. 1411 Bow Goold Architects March 2015 DA08 Issue A Blocks 8 – Elevations Job No. 1411 Bow Goold Architects March 2015 & Section DA09 Issue A Blocks 9 – Floor Plan Job No. 1411 Bow Goold Architects March 2015 DA10 Issue A Blocks 9 – Elevations Job No. 1411 Bow Goold Architects March 2015 & Section DA11 Issue A Vehicle Access & Job No. 1411 Bow Goold Architects March 2015 Parking DA12 Issue A Pedestrian Access DS13 Issue A Bow Goold Architects March 2015 Proposed Shed DS14 - Bow Goold Architects March 2015 Trees and Vegetation L01 Revision C Stitch Design Studio 11/08/15 to be Removed Plan Landscape Plan L02 Revision D Stitch Design Studio 11/08/15 Proposed Planting L03 Revision C Stitch Design Studio 11/08/15 Schedule, Typical Planting Details & Section Cover Sheet & HS01 Revision A Neil Lowry & 29.05.15 Legend Associates Pty Ltd Hydraulic Services Site Plan HS01 Revision A Neil Lowry & 28.05.15 Hydraulic Services Associates Pty Ltd Sediment Control HS01 Revision A Neil Lowry & 28.05.15 Plan Associates Pty Ltd Hydraulic Services Survey Ref : 8463/582-15 Paul A Lawson 12 February, 2015 Statement of - Bow Goold Architects 28 May 2015 Environmental Effects Exterior Finishes - Bow Goold Architects 27 May 2015 Waste Management - Bow Goold Architects undated Plan

This is Page No 23 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

Bush Fire Hazard Reference Number : Building Code & 22nd April 2015 Assessment Report 150936 Bushfire Hazard Solutions Pty Ltd On-site Wastewater Reference 209115-B Envirotech 4 August 2015 Management Report Assessment of Traffic Reference 15105 Transport and Traffic June 2015 Rev and Parking Planning Associates B Implications Flora and Fauna Document No. : 1435- Abel Ecology 5 June 2015 Assessment Report REP-79-ISS-1

Vegetation and Asset Document No. : 1471- Abel Ecology 26 August 2015 Protection Zone REP-132-ISS-1 Management Plan Access Audit Report - John Evernden 19.8.15

As amended by the following plans:

Drawing Drawing Ref Revision Prepared By Dated Site Plan A01 B Bow Goold Architects 5.5.2016

Part Site Plan A02 B Bow Goold Architects 5.5.2016

Floor Plan A03 B Bow Goold Architects 5.5.2016

Elevations A05 B Bow Goold Architects 5.5.2016

As amended on 23 June 2016 under Section 96(1A) of the Environmental Planning and Assessment Act, 1979.

Condition 10

The recommendations of the Vegetation and Asset Protection Zone Management Plan (Document No. 1471-REP-132-ISS-1 dated 26 August 2015) prepared by Abel Ecology shall be implemented. Condition 62

The recommendations provided for the existing On-Site Sewerage Management System in the letter prepared by Robert Day of Septic Solutions, dated 7 June 2017 are to be adhered to. This includes to all of the following discussed within the document: • Servicing recommendations • Recommendations for necessary repairs • Recommendations for continued use with projected expansion Condition 63 All wastewater generating facilities associated with proposed blocks 10 and 11 are to be connected to the existing On-Site Sewerage Management System on the property by a suitably qualified person/s.

This is Page No 24 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

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 Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

OUTCOME 3 - WE CAN GET AROUND THE CITY

8 2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding 206 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Karen McKeown That: 1. The information contained in the report on 2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding be received. 2. Council accept grant funding of $580,000 offered for the two successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Australian Black Spot Program for the 2017/18 financial year. 3. Council accept grant funding of $50,000 in 2017/18 and $125,000 in 2018/19 offered for the two successful Projects shown in Table 2, under the 100% funded Safer Roads Program. 4. Council accept grant funding of $2.63M offered for the successful Active Transport Priority Cycleways Project shown in Table 3, for the 2017/18 financial year. 5. Council write to the Minister for Roads, Roads and Maritime Services and the State Member for Penrith, the Hon Stuart Ayres MP, the State Member for Mulgoa, Mrs Tanya Davies MP and the State Member for Londonderry, Ms Prue Car MP, expressing appreciation of the funding offers and of their continued support.

This is Page No 25 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

9 Tender Reference 16/17-02, Building Maintenance and Construction 207 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference 16/17-02, Building Maintenance and Construction be received 2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender: (a) Coverit Building Group PTY LTD be appointed as the primary contractor for both scheduled and reactive building works (b) Westco Building Consultants Pty Ltd be appointed as the second contractor (c) Acron Building Services be appointed as the third contractor. 3. Council seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000.

10 Tender Reference 16/17-03, Electrical Trades 208 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference 16/17-03, Electrical Trades be received 2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender: (a) Scheduled maintenance work and reactive maintenance work be awarded to Hix Group T/A Hix Electrical & Data Services as the primary contractor (b) Reactive maintenance work be awarded to B&G Enterprises (NSW) P/L as the second contractor (c) Reactive maintenance work be awarded to Randall Electrics & Trade Services P/L as the third contractor. 3. Council seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000.

This is Page No 26 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

11 Tender Reference 16/17-04, Plumbing Trades 209 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference 16/17-04, Plumbing Trades Services be received 2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender: (a) Scheduled maintenance task and reactive maintenance work be awarded to B&G Enterprises (NSW) P/L as the primary contractor (b) Reactive maintenance work be awarded to Hix Group T/A Hix Electrical & Data Services as the second contractor (c) Reactive maintenance work be awarded to Franklins Australia as the third contractor 3. Council will seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000

12 Tender Reference RFT 16/17-24, Design and Construction of Netball Courts, Jamison Park 210 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference RFT 16/17-24, Design and Construction of Netball Courts, Jamison Park be received. 2. J K Williams Contracting Pty Ltd be awarded subject to the execution of a formal agreement Separable Portion A for the Contract for the Design and Construction of car parking and netball courts, Jamison Park, for an amount of $472,576.85 excluding GST. 3. Rees Electrical Pty Ltd be awarded Separable Portion B for the Contract for the Design and Construction of new netball court lighting, Jamison Park, for an amount of $83,300.00 excluding GST. 4. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

13 Tender Reference RFT 16/17-19 for the supply and installation of Floodlighting to Fields 1 & 2 and Practice Field at Peppertree Reserve, Swallow Drive, Erskine Park 211 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference RFT 16/17-19 for the supply and installation of Floodlighting to Fields 1 & 2 and Practice Field at Peppertree Reserve, Swallow Drive, Erskine Park be received

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2. The tender submitted by Kealec Pty Ltd T/A Sportzlighting for the sum of $192,200 excl GST be accepted subject to the execution of a formal agreement for the Supply and Installation of 100 lux Floodlighting to Fields 1 & 2 and Practice Field at Peppertree Reserve, Swallow Drive, Erskine Park. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary.

14 Tender Reference RFT 17/18-02, Construction of Shed and Freezer, Regentville Hall 212 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Tender Reference RFT 17/18-02, Construction of Shed and Freezer, Regentville Hall be received. 2. Coverit Building Group be awarded the Contract subject to the execution of a formal agreement for the Construction of Shed and Freezer, Regentville Hall, for an amount of $182,710.00 excluding GST. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

15 Energy Efficient lighting in Council Sporting facilities Councillor Bernard Bratusa returned to the meeting, the time being 10:02pm. 213 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown That: 1. The information contained in the report on Energy Efficient lighting in Council Sporting facilities be received 2. An amount of $25,000 be allocated from the Building Asset Renewal allocation in 2018/19 and 2019/20 to upgrade lighting at facilities as detailed in the report. 3. A memo be prepared for all Councillors about the possibility of accessing funds from the Sustainability Revolving fund.

16 Penrith Mayoral Challenge, Cambridge Park and Parkitects, Oxley Park Councillor Greg Davies left the meeting, the time being 10:04pm. 214 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown That: 1. The information contained in the report on Penrith Mayoral Challenge, Cambridge Park and Parkitects, Oxley Park be received. 2. $3,000 from East Ward Voted Works be utilised to fund construction of a handball court.

This is Page No 28 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT

17 Status of Compliance Service Activities 215 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen That: 1. The information contained in this report on Status of Compliance Service Activities be received. 2. An all Councillor memo be provided to Councillors about the illegal filling on Park Road.

18 Glenmore Park Dog Park - Stronger Communities Program Grant Application Councillor Greg Davies returned to the meeting, the time being 10:10pm Councillor Aaron Duke left the meeting, the time being 10:11pm. Councillor Aaron Duke returned to the meeting, the time being 10:14pm. 216 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Glenmore Park Dog Park - Stronger Communities Program Grant Application be received 2. Council endorse the location at Blue Hills Oval as the site for a dog park in Glenmore Park. 3. Council endorse that $30,000 be allocated from the Grants Reserve for the purpose of submitting a grant application to the Federal Government’s Stronger Communities Program for a sum of $20,000.

19 Application for Funding from Federal Department of Social Services - Community Resilience Grants Program 217 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Application for Funding from Federal Department of Social Services - Community Resilience Grants Program be received. 2. Council endorse the application for funding as outlined in the report from the Australian Department of Social Services under the Community Resilience Grants Program for the amount of $486,986 over a period of three (3) years.

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OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

20 Organisational Performance and Financial Review - June 2017 218 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Organisational Performance and Financial Review - June 2017 be received. 2. The Organisational Performance and Financial Review - June 2017 as at 30 June 2017, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report, be adopted. 3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Performance Report June 2017 for inclusion in the 2017-18 Operational Plan.

22 Insurance Renewals 2017-18 219 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Insurance Renewals 2017-18 be received 2. Council retain its $100,000 claims excess for Public Liability & Professional Indemnity cover and agrees to pay a contribution of $684,000 to CivicRisk West for this cover. 3. Council retain its $20,000 claims excess for Industrial Special Risk (Property) cover and agrees to pay a contribution of $427,000 to CivicRisk Mutual for this cover. 4. Council retain its $2,000 excess for comprehensive motor vehicle cover and agrees to pay a contribution of $170,000 to CivicRisk Mutual for this cover. 5. Council agree to pay a contribution of $47,000 for Management Liability cover. 6. Council agree to pay a contribution of $51,000 for Fidelity Guarantee / Crime cover.

23 Summary of Investments & Banking for the period 1 July to 31 July 2017 220 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 July to 31 July 2017 be received 2. The certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 July 2017 to 31 July 2017 be noted and accepted.

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

21 Tender Reference 16/17-13, Provision of Catering Services 221 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies That: 1. The information contained in the report on Tender Reference 16/17-13, Provision of Catering Services be received. 2. IBZ Restaurant Pty Ltd (King Henrys Court) be appointed as the preferred contractor subject to the execution of a formal agreement for the provision of Catering Services (evening meals and internal catering) for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance and subject to a 12-month probationary period. 3. CJP World Wide Pty Ltd (Cassandra’s on the Park) be appointed as the preferred contractor subject to the execution of a formal agreement for the provision of Catering Services (coffee cart) for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with provision for rise & fall) subject to satisfactory performance and subject to a 12-month probationary period.

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

RR 1 Cemeteries Review Councillor Bernard Bratusa requested that a matter be referred to Committee of the Whole as it refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

UB 1 Nepean District Historical Society Councillor Marcus Cornish requested that an amount of $5,000 be allocated from each Ward voted works for a total of $15,000 to the Nepean District Historical Society to fund enclosures for their wagon collection, this money will be matched by a federal grant for a total of $30,000. 222 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting. 223 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Kevin Crameri OAM that an amount of $5,000 be allocated from each Ward voted works for a total of $15,000 to the Nepean District Historical Society to fund enclosures for their wagon collection.

RR 2 Penrith Council as a power supplier Councillor Marcus Cornish requested a report back to Council about Penrith City Council becoming a retail supplier of electricity at cost to the people of Penrith, the Western Suburbs and further afield. The concept would be to buy electricity in bulk lots, as mobile phone companies do and sell to consumers at cost, therefore one unit cost is equal for all, with

This is Page No 31 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017 advertising through rate notices. The report to contain options for a means to facilitate the retailing of electricity, whether using existing entities such as Penrith Council, Hawksbury River County Council, WSROC or other existing structures or creating a new entity as was Prospect County Council.

RR 3 Department of Lands Councillor Karen McKeown requested that council officially write to Department of Lands regarding the paper road in Mulgoa to ascertain their ownership, care and control. There appears to be some confusion about who in fact owns the 'paper roads'. Also to enquire how many applications are currently on foot (and the addresses) of the proposed land to be purchased by adjacent landowners.

RR 4 Q Theatre Councillor Kath Presdee requested that Penrith Council write and congratulate the creative team at the Q Theatre on winning the Australian Writers' Guild Award (AWGIE) for Youth and Community Theatre for the production "Teacup in a Storm". This was a locally produced and devised collaboration between playwright Noelle Janaczewska, local artist and carer Therese Cook and emerging performer Marie Chanel under the direction of Q Producer Nick Atkins. The work was based on the stories of carers in our community; which was drawn from the many hours of interviews conducted by Therese Cook with carers from the local region. Penrith Council is proud that an important part of our community, our carers, has been honoured not only by this production but by national recognition for the play based on their experiences.

RR 5 Renee Tomkins Congratulations Councillor Kath Presdee requested that Penrith Council write and congratulate local Renee Tomkins on her selection in the "Allies" Squad in the inaugural Australian Football League Women's State of Origin match to be held this weekend. This is a great honour for Penrith, and caps off a wonderful season for Renee who finished second in the GWS Giants Best and Fairest award as well as being regarded as first in the national competition for 1%ers; doing the little things that contribute to a team's overall performance. On a local level, Renee has freely given of her time to assist in coaching local youth girls squads, helping develop the next generation of talent going forward.

Councillor Marcus Cornish left the meeting, the time being 10:30pm.

RR 6 Global Covenant of Mayors for Climate and Energy Councillor Mark Davies requested a review of the Global Covenant of Mayors for Climate and Energy & Council’s Participation in the Cities Power Partnership and what this means for our council and costs to rate payers. Information was also requested on how much it costs council for the 10% green electricity supply council purchases.

Councillor Marcus Cornish returned to the meeting, the time being 10:31pm.

UB 2 200th Anniversary of the first Wesleyan Church Service Councillor Ross Fowler OAM requested that an amount of $2,000 from North Ward voted works to assist in conducting the 200th Anniversary of the first Wesleyan Church Service in Australia held at Castlereagh in October 1817. 224 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency.

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His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting. 225 RESOLVED on the MOTION of Ross Fowler OAM seconded Marcus Cornish that an amount of $2,000 from North Ward voted works to assist in conducting the 200th Anniversary of the first Wesleyan Church Service in Australia held at Castlereagh in October 1817.

RR 7 Parking Space, Queen Street St Marys Councillor Todd Carney requested a report back to Council outlining the possibility of parking space line marking being installed in a 500m radius around Queen St, St Marys like Penrith CBD.

RR 8 Item 3 Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking Councillor Greg Davies requested Council writes to the developers requesting that they consider a plaque in a prominent position detailing the history of the land and some heritage photos to be placed within the new construction at Vista St, Penrith.

RR 9 Skate Park Update Councillor Greg Davies requested a memo reply to all Councillors about an update on the potential of a skate park at St Marys.

UB 3 Request for Leave of Absence Councillor Ben Price requested a Leave of Absence from 5 September 2017 to 12 September 2017 inclusive. Councillor Greg Davies requested a Leave of Absence from 12 September 2017 to 24 September 2017 inclusive. The Mayor, Councillor John Thain requested a Leave of Absence from 4 September 2017 to 11 September 2017 inclusive. 226 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency. His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting. 227 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that Leave of Absence be granted to Councillor Ben Price from 5 September 2017 to 12 September 2017 inclusive. Councillor Greg Davies from 12 September 2017 to 24 September 2017 inclusive. The Mayor, Councillor John Thain from 4 September 2017 to 11 September 2017 inclusive.

COMMITTEE OF THE WHOLE

228 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Price that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:36pm.

1 Presence of the Public

CW1 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Price that the press and public be excluded from Committee of the Whole to deal with the following matters: This is Page No 33 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

Outcome 4

2 Proposed Draft Voluntary Planning Agreement for access over Council Property (Lot 210 DP26908) known as 70-76 Carinya Avenue, St Marys

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

Outcome 7

3 Council Property - Lease Agreement - Shops 8 & 10/140-142 Henry Street, Penrith (Allen Arcade) and Shop 2/144 Henry Street, Penrith

4 Council Property - Lease Agreement - Shop 3/134 Henry Street Penrith (Gaymark Lane)

5 Council Property - Lease Agreement - Shop 1/134 Henry Street Penrith

6 Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade)

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Outcome 4

7 Drainage Easement over Council Land (Lot 30 DP229268) known as 14 Water Street Emu Plains to the benefit of Lot 25 DP229268

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

Outcome 7

8 Easement for padmount substation and underground cables over 51 Lord Sheffield Circuit Penrith (Lot 3013 DP1184498)

9 Status on Litigation Matters

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

10 Cemeteries Review

This item has been referred to Committee of the Whole as it 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 10:49pm and the General Manager reported that the Committee of the Whole met at 10:36pm on 28 August 2017, the following being present

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

This is Page No 35 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

CONFIDENTIAL BUSINESS

2 Proposed Draft Voluntary Planning Agreement for access over Council Property (Lot 210 DP26908) known as 70-76 Carinya Avenue, St Marys RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW2 That: 1. The information contained in the report on Proposed Draft Voluntary Planning Agreement for access over Council Property (Lot 210 DP26908) known as 70-76 Carinya Avenue, St Marys be received 2. Council endorse the principles of the draft Voluntary Planning Agreement as outlined in this report. 3. The draft VPA once prepared be publicly notified in accordance with the requirements of the Environmental Planning and Assessment Act 1979. 4. Council authorise the General Manager to execute the VPA upon conclusion of the public notification of the Agreement and to make any minor amendments necessary to ensure its legality. 5. The Department of Planning be notified of the signing of the VPA, and Council’s register of VPAs be updated to record the agreement. 6. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was taken with the following result: For Against Councillor Kath Presdee Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

3 Council Property - Lease Agreement - Shops 8 & 10/140-142 Henry Street, Penrith (Allen Arcade) and Shop 2/144 Henry Street, Penrith RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW3 That: 1. The information contained in the report on Council Property - Lease Agreement - Shops 8 & 10/140-142 Henry Street, Penrith (Allen Arcade) and

This is Page No 36 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017 Ordinary Meeting Monday 28 August 2017

Shop 2/144 Henry Street, Penrith be received. 2. Council approve the proposed new lease agreement under the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

4 Council Property - Lease Agreement - Shop 3/134 Henry Street Penrith (Gaymark Lane) RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW4 That: 1. The information contained in the report on Council Property - Lease Agreement - Shop 3/134 Henry Street Penrith (Gaymark Lane) be received. 2. Council approve the proposed new lease agreement as per the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

5 Council Property - Lease Agreement - Shop 1/134 Henry Street Penrith RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW5 That: 1. The information contained in the report on Council Property - Lease Agreement - Shop 1/134 Henry Street Penrith be received 2. Council approve the proposed new lease agreement as per the terms and conditions listed in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

6 Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade) RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW6 That: 1. The information contained in the report on Council Property - Lease Agreement - Shop 1/140-142 Henry Street Penrith (Allen Arcade) be received 2. Council approve the proposed new lease agreement under the terms and conditions detailed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

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7 Drainage Easement over Council Land (Lot 30 DP229268) known as 14 Water Street Emu Plains to the benefit of Lot 25 DP229268 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW7 That: 1. The information contained in the report on Drainage Easement over Council Land (Lot 30 DP229268) known as 14 Water Street Emu Plains to the benefit of Lot 25 DP229268 be received. 2. Council grant a Drainage Easement over Lot 30 DP229268 in accordance with the terms and conditions listed in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

8 Easement for padmount substation and underground cables over 51 Lord Sheffield Circuit Penrith (Lot 3013 DP1184498) RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW8 That: 1. The information contained in the report on Easement for padmount substation and underground cables over 51 Lord Sheffield Circuit Penrith (Lot 3013 DP1184498) be received 2. Council grant an easement over Lot 3013 DP1184498 to the benefit of Endeavour Energy, Lot 3006 DP1184498 and SP94606 in accordance with the terms and conditions listed in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

9 Status on Litigation Matters RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM CW9 That the information contained in the report on Status on Litigation Matters be received.

10 Cemeteries Review RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM CW10 That the information contained in the verbal report on Cemeteries Review be received.

ADOPTION OF COMMITTEE OF THE WHOLE

229 RESOLVED on the MOTION of Councillor Ben Price seconded Councillor Greg Davies that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7, CW8, CW9 and CW10 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 10:53pm.

This is Page No 38 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 28 August 2017

PENRITH CITY COUNCIL

Procedure for Addressing Meetings

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege). A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

Prior to addressing the meeting the person will be required to sign the following statement:

“I (name) understand that the meeting I intend to address on (date) is a public meeting. I also understand that should I say or present any material that is inappropriate, I may be subject to legal action. I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

The Chairperson will then call the person up to the lectern or speaking area.

The person addressing the meeting needs to clearly indicate:

• Their name;

• Organisation or group they are representing (if applicable);

• Details of the issue to be addressed and the item number of the report in the Business Paper;

• Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

• The interest of the speaker (e.g. affected person, neighbour, applicant, applicants spokesperson, interested citizen etc).

Each person then has five minutes to make their address. Those addressing Council will be required to speak to the written statement they have submitted. Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue.

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

When this occurs, they should then return to their seat.

Glenn McCarthy Public Officer 02 4732 7649

MAYORAL MINUTES

Item Page

1 Year in Review 2016/17 1

2 Passing of Helen Walker OAM 4

Ordinary Meeting 25 September 2017

Mayoral Minute

Year in Review 2016/17

It’s been a privilege to lead Penrith Council as Mayor over the past 12 months. I’ve enjoyed working alongside my fellow Councillors, our staff and the community to further our vision for a sustainable, financially stable and culturally vibrant Penrith.

The pace and excitement of the past 12 months can be summed up by early days of this Mayoral term and what’s been happening in Penrith as the year draws to an end.

Near the beginning of the past year as Mayor I spoke at the opening of the inaugural REAL Festival – I truly believe it was the birth of an iconic event for our City.

As captured by its name, REAL celebrates our river, the environment, the arts and the enviable lifestyle we enjoy in Penrith. The festival was a great success and, on the same weekend, thousands flocked to Penrith to enjoy the Australian Ballet’s outdoor performance of Swan Lake at the Regatta Centre.

Fast forward 12 months and we’ve just farewelled the Westfield Matildas after their 2-1 victory against the Brazil national team at Pepper Stadium. The team played before a sell- out crowd, and the event showcased Penrith as a place to be.

Indeed, over the past 12 months, I’ve been proud to see Penrith shine on many fronts. Our city continues to experience an unprecedented period of growth, and investment remains at an all-time high. In particular, we’re working with key partners to increase housing diversity – including apartment-style living and options for seniors looking to downsize.

Much of this interest has been driven by Council’s New West economic initiative. New West aims to form strategic partnerships with stakeholders and investors to help reinvigorate our City Centre and deliver our vision for the Penrith of the future.

This includes our meeting with a delegation from Nihon University in Japan, to explore the possibility of a City Centre university.

It’s also brought us one step closer to reimagining the Union Road car park site. Last month we endorsed Frasers Property Australia as the preferred proponent to develop the site and we’re excited by their ideas to create a vibrant urban village.

Council recognises that to realise our vision for Penrith we need to be more resilient. I’m proud to say we’ve built resilience into the 10-year Community Plan and 4-year Delivery Program that we launched earlier this year.

Further, for the first time, we’ve embedded our Disability Inclusion Action Plan 2017-2021 into our Delivery Program. This important shift places the Action Plan where it belongs – at the centre of Council’s agenda.

We also recognise that to be resilient we need to be more innovative. In response to this need, I launched a series of Innovation Talks in March to learn from inspirational thought leaders and celebrate the innovation that already exists in Penrith.

We’ve also launched a new competition – Young Innovators – calling on high school students to bring their best and brightest ideas to Council. I’m looking forward to hearing their suggestions for Penrith.

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This focus on innovation is important. With game changing developments like the future Western Sydney Airport and the Sydney Science Park on the horizon, our region is set to be transformed into a hub of knowledge, research and technology.

Ahead of this regional shift, I attended the inaugural City Deal for Western Sydney Mayoral roundtable in December. In this and other arenas, Council has continued to advocate for the best outcomes for our community.

This includes calling on the State Government for more commuter car parking in Penrith and improved transport connections between the North and South West growth centres. In particular, over the past 12 months we’ve repeatedly campaigned for a new North-South rail link to make the airport, the Science Park and the Western Sydney Employment Area work for us and our residents.

This vital missing link will allow new town centres to have public transport from day one, connect residents to employment opportunities and attract new businesses and investors to the region.

In February, to better prepare ourselves for this projected growth, we launched our Economic Development Strategy. The Strategy supports new and existing businesses and generate new opportunities that will support the creation of 55,000 jobs of the future. As part of the Strategy, we’ve spent the last 12 months sparking our Night Time Economy to make Penrith’s CBD more vibrant after dark.

Over the term we’ve also continued to revitalise and renew other parts of our City. The St Marys Streetscape Improvement Program is now close to completion. As a St Marys resident, it was great to see the Spring Festival return bigger and better than before, with a revitalised Queen Street the star attraction.

Also in St Marys, our Neighbourhood Renewal Team launched the Village Café. The fortnightly pop-up café is a joint venture between Council, Community Junction and the Nepean Blue Mountains Local Health District. It aims to improve the health and wellbeing of North St Marys residents, aged 50 or over. I met some wonderful people at the June launch of the Café and at many other community events I attended during this term as Mayor.

I’ve also been part of some fantastic collaborative projects. This includes the Penrith Mayoral Challenge. Late last year, we launched a playground in Chapman Gardens designed by students from Kingswood Public School. The Deputy Mayor and I are now working with Oxley Park and Cambridge Park public schools on delivering two more new playgrounds.

Since September last year, we’ve installed and renewed other playgrounds across our City. This includes a splash pad and water play area in Erskine Park and our partnership with the Touched by Olivia Foundation and Lend Lease have delivered an all abilities playground at Jordan Springs. The latter was launched in October and is the first of its kind in Western Sydney.

This year has seen us continue to care for our bushland and nature reserves. In June we held a showcase of our work at the Mountain View Reserve in Cranebrook where we worked with the community to restore a regionally significant wetland and area of critically endangered Cumberland Plain Woodland.

During my time as Mayor I’ve also had the chance to celebrate and work closely with our culturally diverse communities.

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In April, we were treated to Spicy Penrith, an evening of music and dance from the Indian sub-continent. Council hosted an inspiring Refugee Week event in June and we held our annual Philippine Independence Day flag raising event and NAIDOC Family Gathering in Jamison Park.

Over the past 12 months we’ve continued to meet with an inspirational group of local faith leaders to promote harmony in our City. This group worked with us to coordinate Penrith’s first Day of Peace, held just two days ago on the Mondo.

Earlier this year, we also formed a Multicultural Working Party to better support social inclusion and community wellbeing for our increasingly diverse population.

I have thoroughly enjoyed this term as Mayor of Penrith City. I would like to thank the community, my fellow Councillors and Council staff for their ongoing support. I look forward to continuing in the role as Mayor for another year as we work together to make Penrith a vibrant and inclusive place and a significant Regional City.

Finally, I’d like to thank the Deputy Mayor, my fellow Councillors and Council staff for their support.

Councillor John Thain Mayor

RECOMMENDATION

That the Mayoral Minute on Year in Review 2016/17 be received.

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Mayoral Minute

Passing of Helen Walker OAM

It is with great sadness that I note the recent passing of the former General Manager of Great Community Transport, Helen Walker OAM.

Helen was the founder and General Manager for over 30 years of Great Community Transport and was a forerunner in the industry, leading the way with many initiatives to grow and improve community transport for those in need.

Under her leadership Great Community Transport provided small group transport for Penrith and Blue Mountains residents who couldn’t drive or use public transport and had no-one else to help them. The service she offered has had an immensely positive impact on the lives of many thousands of residents, particularly the frail aged and people with disability. Helen ensured these people made it to all their health related appointments, completed their shopping needs and even took them on social outings.

In 2014 and 2015 alone, Great Community Transport provided transport to 3,291 individuals with a total of 78,080 trips. That is an incredible number of people that Helen was able to help in just two years. Just imagine how many lives Helen has had a positive influence on over 30 years.

Helen’s efforts in helping those less fortunate did not go unnoticed. She received an Order of Australia Medal on Australia Day 1999 for her services to community transport and she was a recipient of the Bi-Centenary Medal. Helen also received the Western Sydney University Woman of the West award in 2008 and most recently was named as Blue Mountains Citizen of the year for 2017.

Helen’s legacy as a tireless contributor to the community will always be remembered and on behalf of my fellow Councillors and the community of Penrith, I’d like to offer our deepest sympathy to Helen’s partner Phillipa, her sons and their families and all those who knew and worked with her.

Councillor John Thain Mayor

RECOMMENDATION

That the Mayoral Minute on Passing of Helen Walker OAM be received.

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REPORTS OF COMMITTEES

Item Page

1 Report and Recommendations of the Access Committee Meeting held on 9 August 2017 1

2 Report and Recommendations of the Local Traffic Committee Meeting held on 4 September 2017 8

3 Report and Recommendations of the Policy Review Committee held on 11 September 2017 22

Ordinary Meeting 25 September 2017

REPORT AND RECOMMENDATIONS OF THE ACCESS COMMITTEE MEETING HELD ON 9 AUGUST, 2017

PRESENT Anthony Mulholland, Allan Windley, Farah Madon, Carole Grayson, Councillor Todd Carney (Chair) (5.22pm).

IN ATTENDANCE

Hans Meijer – City Assets Manager, Erich Weller – Community and Cultural Development Manager, Claire Galvin – Disability Inclusion Officer, Diane Boyde – Acting Community Programs Coordinator, Craig Squires – Acting Coordinator Certification and Fire Safety, Gavin Cherry – Development Assessment Coordinator, Natasha Baker – City Planning Manager, Natalie Stanowski – Principal Planner, Belinda Borg – Senior Environmental Planner, Jamie Gordon – Scentre Group (Westfield).

LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Tricia Hitchen.

Erich Weller opened the meeting at 5.15pm and advised that the Apologies and Minutes would be moved and seconded when Councillor Carney arrives.

BUSINESS ARISING FROM PREVIOUS MINUTES

GB2 Accessible and Wheelchair Seating at the Joan Sutherland Performing Arts Centre

Erich Weller advised that the solution for the accessible and wheelchair seating in the Joan is close to being finalised. Costings are presently being sought.

GB10 Roundabout near the corner of Derby and Woodriff Streets

Erich Weller advised that he had spoken to the Engineering Services Manager and an appropriate motion had been drafted in relation to this matter. Erich Weller read out the proposed motion which cannot be moved and seconded until Councillor Carney arrives.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

2 Westfield Penrith Riley Street Dining Precinct Public Domain Upgrade Works

Gavin Cherry introduced Jamie Gordon from Scentre Group Westfield who gave a presentation on the designs for the upgrade works to the Riley Street dining precinct at Westfield Penrith. Feedback from the Access Committee will be sought in regard to the proposed works.

Councillor Carney arrived at the meeting at 5.22pm and gave apologies for his late arrival.

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Councillor Carney assumed the Chair for the meeting.

Jamie Gordon advised the following:

• The location of the upgrade works is on Riley Street known as the dining precinct • The project has been in the making for four years and will improve the ambience and customer experience • There will be new landscaping, seating, new trees, new awnings, and points for fans and heaters • The shops will all have the same café blinds at the front • The shoreline runs around the entire precinct • A paver will be run around the whole extent of the licenced seating area • Tenants will not be permitted to use café barriers • The final paver tile will be 20% dark and coarser than the sample shown • The paving will be 600 wide • The service and accessible drop-off is to be replaced, the bus drop-off remains the same • New benches, planter boxes and trees will be provided • The pedestrian crossing remains unchanged • A rubber finish will encapsulate the roots of trees.

The Committee discussed the following issues:

• The difference/contrast in the tactiles – over 30% contrast • Wayfinding – how the vision impaired will locate the shops and businesses • Café barriers to movement • The location of seats with respect to the shore line • Possibility of a warning sign near the Bavarian restaurant warning that there is a road ahead.

Councillor Carney thanked Jamie Gordon for his presentation.

RECOMMENDED That the information contained in the report on Westfield Penrith Riley Street Dining Precinct Public Domain Upgrade Works be received.

APOLOGIES Apologies were accepted from David Currie, Graham Howe, and Diane Brookes.

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 June 2017 The minutes of the Access Committee Meeting of 14 June 2017 were confirmed.

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DELIVERY PROGRAM REPORTS

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

1 Development Applications Referred to the Access Committee

Belinda Borg spoke to the two development applications for Caddens Hill subdivision.

DA17/0479 Construction and Embellishment of Caddens Hilltop Park

Belinda Borg advised that this development application had previously been presented to the Access Committee. It is a condition of consent that a separate application to be submitted for the Hilltop Park.

It is proposed that the Hilltop Park include two slides 10m long, a climbing rope, softfall, rock walls, lawn areas, shade sails and disabled access points through to the park. There will be a climbing net, slippery dips, mounded softfall climbing areas, a picnic shelter and an accessible path of travel.

Discussion by the Committee included the following issues:

• Query whether people with disabilities can use the top and bottom of the slide and the barbecue area • Providing like for like – if a sheltered area is provided then replicate it for people with disabilities • Providing a physical warning that a stairway is up ahead • Consistency of tread widths on steps to avert slips, trips and falls.

Belinda Borg said that a sheltered area could be provided down the bottom of the park or at the top which is accessible for people with disabilities. On street parking is available for the pocket park and accessible parking is provided at the sporting oval.

DA17/0508 Construction and Embellishment of Local Open Space for Sports Fields, Courts, Amenities Building, Playground, Carpark and Associated Works

Belinda Borg advised that the proposed development is for the construction of a sporting oval to be used for rugby union, soccer and cricket, a half-court basketball court, a playground with softfall, three swings including a basket swing, a climbing frame, an amenities building incorporating change rooms and bathrooms, a canteen area and storeroom.

There will be circular pathway around the perimeter of the oval – the width of the pathways will be 1.5m to 1.8m. There are proposed to be five pedestrian access entries to the park, four of which are accessible. The amenities building will include two change rooms, a unisex bathroom, and an accessible bathroom with space for an adult change table. Accessible parking space will be provided close to the main entrance of the site.

Discussion by the Committee included the following issues:

• Doors in the ambulant facility • The accessible toilet requires a shower to be installed • The configuration of the change table • Accessible parking

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• Seating along the walkway • Signage at the entrance with steps.

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

Gavin Cherry and Belinda Borg left the meeting at 6.05pm.

3 Adaptable and Accessible Housing

Natalie Stanowski introduced herself and Natasha Baker to the Access Committee meeting.

Natalie Stanowski advised that as part of the Penrith Local Housing Strategy there will be a review of adaptable, accessible and universal housing. The types of housing to deliver to meet the needs of our growing community for the next 20 years will be considered.

A Summary of Current Development Controls for Accessible/Adaptable Housing Penrith DCP 2014 was handed out to the Committee. The definitions of adaptable housing, accessible housing and universal design as outlined in the report were highlighted. The feedback of the Access Committee was sought on current controls, understanding the standard, researching new controls and ideas for improvement.

Farah Madon provided a list of around 40 Councils over NSW and what their current controls are. She advised that currently Penrith is one of the Councils with the least amount of accessibility requirements.

Discussion by the Committee included the following issues:

• The class and percentage of dwellings which should be adaptable • If a building is three storeys or higher 20% of all units should have compliance with Liveable housing guidelines which include door sizes, bathroom sizes etc. • Stairways to have activated sensor lights for accessibility • The accessibility of facilities in common areas of unit buildings (such as toilets).

Natalie Stanowski asked which class the Committee would recommend for adaptable units. Farah Madon replied that Class C is considered adequate – one bedroom, one bathroom, doorways, kitchen compliant. Class A is very onerous.

Farah Madon suggested that Council keep an online register of adaptable units to support people with disabilities. Discussion was held around this matter.

Farah Madon recommended not putting the year of the standard into documentation. For example, just referring as AS4299 of current Australian standard and not AS4299-1995 as standards keep getting updated and the latest version should be followed.

Carole Grayson suggested considering having a slightly higher percentage than 20% of adaptable housing and useable green space for an assistance animal.

Natasha Stanowski advised that they are working through the Local Housing Strategy and should have a draft in early 2018. City Planning will report this matter to the Access Committee when consultation is completed. Natalie Stanowski said that the comments of the Committee were appreciated and thanked members for their input.

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Natasha Baker and Natalie Stanowski left the meeting at 6.32pm.

RECOMMENDED That the information contained in the report on Adaptable and Accessible Housing be received.

OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT

4 Disability Access Improvement Program Claire Galvin spoke to the Disability Access Improvement Program (DIAP) report and advised that the program has $35,000 in funds to allocate each year to projects. The report outlines where the funds were spent in 2016-2017 and the proposed projects for 2017-2018.

Claire Galvin highlighted some of the projects where funds were expended in 2016-2017. These included:

• Accessible bus shelters and pedestrian crossings in Cranebrook • An upgrade of parking at Lewers Gallery • A contribution to the REAL Festival • International Day of People with Disability • A preliminary plan for access improvements at The Joan • Adaptive technology and equipment for the Library

Proposed projects for 2017-2018 include:

• Adjustable table for St Marys Library • Wheelchair access at The Joan • An Auslan video • Adaptive switch toys for loan for children with disability • Accessible versions of the Disability Inclusion Action Plan.

Farah Madon asked if money could be set aside for making a Council register of adaptable units in Penrith. Erich Weller advised that more investigation of this matter would be undertaken and a report would be brought back to a subsequent Access Committee meeting.

RECOMMENDED That the information contained in the report on Disability Access Improvement Program be received.

5 Nepean Jobs For All - Project Update

Claire Galvin presented the Nepean Jobs For All Project Update report. Council received funding under the National Disability Insurance Scheme (NDIS) Information Linkages and Capacity Building (ILC) Program to implement the Nepean Jobs for All Project:

A Project Reference Group has been established and Council officers from three Councils are involved – Blue Mountains and Hawkesbury along with Penrith. A representative from each Access Committee with business expertise is also part of the reference group. David Currie has agreed to be Penrith’s Access Committee representative on the Project Reference Group. Councillor John Thain, Mayor of Penrith, has agreed to be a Project Champion.

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The first Nepean Jobs For All breakfast forum will be held in Penrith on 10 October, followed by a breakfast in Hawkesbury on 18 October and another in the Blue Mountains on 26 October 2017.

Discussions have been held with the UTS Business School to undertake evaluation of the project.

Erich Weller advised that this is an ambitious project over a 12 month period. It is important to target particular businesses and key organisations to increase their employment of people with disability.

Councillor Carney thanked Claire Galvin and the Community and Cultural Development Department for undertaking the Nepean Jobs For All project.

RECOMMENDED That:

1. The information contained in the report on Nepean Jobs For All - Project Update be received.

2. The contribution that David Currie is making to the Nepean Jobs For All Project Reference Group be noted.

GENERAL BUSINESS

GB 1 Disability Inclusion Action Plan Launch

Access Committee members were reminded of the Disability Inclusion Action Plan launch to be held on Thursday 17 August 2017. Claire Galvin handed out copies of the Disability Inclusion Action Plan 2017-21.

GB 2 General Business Item from 14 June 2017 meeting – GB10 Roundabout near the corner of Derby and Woodriff Streets

RECOMMENDED that the Access Committee request that Council advocate for funding to provide traffic lights at the roundabout intersection of Derby and Woodriff Streets, Penrith to provide a safe crossing for residents accessing community and other facilities in this area.

GB 3 Local Government NSW Awards Evening Councillor Todd Carney, Councillor Karen McKeown, Erich Weller, Diane Boyde and Claire Galvin attended the Local Government NSW Awards evening on 3 August 2017.

Penrith Council’s nomination for the awards was for the new toilet facilities with an adult change room near the Triangle Park in Penrith. Councillor Carney said that though Council did not win an award it was great to see all the different programs being run by other Councils and to be part of the night.

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There being no further business the Chairperson declared the meeting closed the time being 6.55pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 August, 2017 be adopted.

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REPORT AND RECOMMENDATIONS OF THE LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 SEPTEMBER, 2017

PRESENT Deputy Mayor, Councillor Tricia Hitchen, Councillor Karen McKeown, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Matthew Shirvington – Penrith Police LAC, Stephen Page – St Marys Police LAC.

IN ATTENDANCE Councillor Marcus Cornish, Steve Grady – Busways, Jodie Mallia – Comfort Delgro Cabcharge NSW (Blue Mountains Transit), Nick Veljanovski – Transit Systems NSW, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Kevin King – Trainee Engineer, Steve Purvis - Senior Ranger, Shelley Lee – Event Development Officer.

APOLOGIES Councillor Aaron Duke (Representative for the Member for Londonderry), Adam Wilkinson – Engineering Services Manager, Laura Van Putten – Roads and Maritime Services, David Lance – Roads and Maritime Services, Catherine Waerner – Road Safety Officer, Bernie Meier – Signs and Linemarking Officer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 August 2017 David Drozd – Traffic Engineering Coordinator on behalf of the Roads and Maritime Services, made reference to Item 1 on “Tench Avenue, Jamisontown - Proposed Traffic Calming Facilities” previously raised at 7 August 2017 LTC meeting. David Drozd reiterated RMS’ request for barriers such as bollards, fencing or garden beds to be installed on the eastern side of the proposed speed humps, in order to restrict access for pedestrians and ensure that drivers do not attempt to go around the speed humps, and these factors be included in the final Design Plan TES004 for construction.

The minutes of the Local Traffic Committee Meeting of 7 August 2017 were confirmed.

DECLARATIONS OF INTEREST NIL

DELIVERY PROGRAM REPORTS

OUTCOME 3 - WE CAN GET AROUND THE CITY

1 Traffic Facilities Prioritisation Program - Selection Criteria Review RECOMMENDED That: 1. The information contained in the report on Traffic Facilities Prioritisation Program - Selection Criteria Review be received. 2. The Traffic Facilities Prioritisation Process continue to be used as a tool whereby traffic facilities within the Major Traffic Facilities budget are ranked for inclusion in future programs. 3. Council note the information.

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Nick Veljanovski of Transit Systems NSW and Shelley Lee – Event Development Officer arrived at the meeting, the time being 9:15am.

2 Gold Coast Commonwealth Games 2018 - Queen's Baton Relay - Sunday 4 February, 2018 - Proposed Route RECOMMENDED That: 1. The information contained in the report on Gold Coast Commonwealth Games 2018 - Queen's Baton Relay - Sunday 4 February, 2018 - Proposed Route be received. 2. The route for the Commonwealth Games Queen’s Baton Relay in Penrith on Sunday, 4 February, 2018 be endorsed. 3. Approval be given to the following temporary rolling road closures for the Commonwealth Games Queen’s Baton Relay in Penrith on Sunday, 4 February, 2018 generally between 10.00am and 11.00 am:- • Tench Avenue, between Boat Ramp and Jamison Road; • Jamison Road, between Tench Avenue and York Street; • Blaikie Road, at Jamison Road; • Anakai Drive, at Jamison Road; • Harris Street, at Jamison Road; • McNaughton Street, at Jamison Road; • Mulgoa Road, at Jamison Road; • Station Street, at Jamison Road; and • Woodriff Street, at Jamison Road.

4. The Traffic Management Plan for the Commonwealth Games Queen’s Baton Relay 2018 be endorsed, subject to RMS requested amendments being considered by Transport Management Centre, Police as well as the event organiser.

5. Council’s Event Development Officer and Who Dares Pty Ltd be advised of Council’s resolution.

3 Ninth Avenue, Llandilo - Proposed Double Barrier (BB), Separation Line (S1) and Edge Linemarking Councillor Marcus Cornish enquired about the existence of line marking on Third Avenue, Llandilo. David Drozd – Traffic Engineering Coordinator confirmed that line marking does exist on Third Avenue, Llandilo. RECOMMENDED That: 1. The information contained in the report on Ninth Avenue, Llandilo - Proposed Double Barrier (BB), Separation Line (S1) and Edge Linemarking be received. 2. Double barrier centre line marking (BB) and separation line marking (S1) be installed for the length of Ninth Avenue, Llandilo as shown in Appendix 1.

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3. Edge line marking be provided for the length of Ninth Avenue, Llandilo as show in Appendix 1. 4. Councillor Kevin Crameri OAM be advised of the outcome.

4 Brisbane Street and Sydney Street, Oxley Park - Changes to Bus Stop and Associated Signage Nick Veljanovski of Transit Systems NSW enquired about the length of the proposed bus zone on the southern side of Brisbane Street, Oxley Park and the ability for buses to ingress and egress. RMS comments supplied to the LTC indicated that the minimum required length of a bus zone is 30 metres and Council should consider extending the length of the bus zones. Steve Grady of Busways confirmed that in this instance, the proposed 15 metres bus zone and 9 metres of ‘No Stopping’ on the southern side of Brisbane Street, the 18 metres bus zone and 7 metres of ‘No Stopping’ on the northern side of Brisbane Street and the 27 metres bus zone on the eastern side of Canberra Street are sufficient in allowing buses to safely ingress and egress. Councillor Marcus Cornish enquired about the proposed kerb blister islands at the existing marked pedestrian crossing. David Drozd – Traffic Engineering Coordinator advised that the proposed kerb blister islands at the existing marked pedestrian crossing on Brisbane Street would be similar to the kerb blister islands near Nepean Hospital. Nick Veljanovski of Transit Systems NSW enquired about appropriate signage being erected at the pedestrian crossing. David Drozd – Traffic Engineering Coordinator confirmed that the appropriate signage and chevron indicators will be installed at the pedestrian crossing when the kerb blister islands are installed. RMS comments supplied to the LTC requested that a detailed design of the proposed kerb blisters at the pedestrian crossing on Brisbane Street be brought back to a future LTC meeting. RECOMMENDED That: 1. The information contained in the report on Brisbane Street and Sydney Street, Oxley Park - Changes to Bus Stop and Associated Signage be received. 2. Consultation be undertaken with affected shop owners and residents regarding the proposed changes to Bus Stop and associated signage. 3. Subject to no substantial objections being received, kerb blisters be approved in principle at the pedestrian crossing on Brisbane Street, east of the intersection with Sydney Street and the ‘No Stopping’ zone on the south eastern side of the crossing on Brisbane Street be reduced to 9 metres as shown on Appendices 1 and 2, with Council’s Design Coordinator requested to design the blisters and be brought back to a future LTC meeting when the matter receives priority on Council’s Traffic Facilities Prioritisation List. 4. A ‘Bus Zone’ of 15 metres be installed next to the proposed ‘No Stopping’ zone in on the southern side of Brisbane Street east of Sydney Street, as shown on Appendices 1 and 2 upon completion of the kerb blisters.

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5. A ‘Bus Zone’ of 18 metres length be installed next to the ‘No Stopping’ zone on the northern side of Brisbane Street, to the east of the intersection with Sydney Street, as shown on Appendices 1 and 2. 6. A Bus zone 17 metres long be installed on Sydney Street starting 10 metres from the intersection with Canberra Street to a location 6 metres south of the driveway of property 54 Sydney Street, as shown on Appendix 3. 7. Councillor Hitchen, Council’s Place Management Team, shop keepers on Sydney Street, Oxley Park, Busways and affected property owners be informed.

5 Vincent Road, Cranebrook - Concept Plan for Watts Profile Speed Hump Councillor Marcus Cornish and the RMS (advised by David Drozd on their behalf) enquired about the placement of and distance between the proposed watts profile speed hump to the existing speed hump located further east on Vincent Road, Cranebrook. Councillor Marcus Cornish suggested to the Committee that a reduction in the spacing between the speed humps to a car length may reduce the likelihood of drivers speeding between speed humps. David Drozd – Traffic Engineering Coordinator advised that the Austroads Guidelines recommend 80-150 metres spacing between speed humps and the proposed watts profile speed hump is 93 metres from the existing speed hump. David Drozd also advised that the placement of speed humps at close intervals can be an issue for buses. Steve Grady of Busways seconded this. RECOMMENDED That: 1. The information contained in the report on Vincent Road, Cranebrook - Concept Plan for Watts Profile Speed Hump be received. 2. A Watts profile speed hump be approved in principle on Vincent, Cranebrook, as shown in Concept Plan Appendix 1, with a detailed design plan be brought to a future meeting of the Local Traffic Committee. 3. Consultation take place with the adjacent property owner. 4. A speed count be taken at the midpoint between the two roundabouts on the frontage of Henry Fulton Public School. 5. Penrith Police be informed of the speed count on Vincent Road. 6. Ms Emma Husar MP, Member for Lindsay and the resident be informed.

6 Adelaide Street, Oxley Park - Proposed Speed Humps Steve Grady of Busways advised the Committee that Design Plan TES010 does not indicate the location of the proposed speed humps in relation to the existing bus stops on Adelaide Street, Oxley Park. Steve Grady requested of the Committee that the speed humps be constructed at a safe distance that is not within two to three houses of a bus stop. Daniel Davidson – Senior Traffic Engineer advised that the proposed speed humps will be constructed at suitable distances from the existing bus stops on Adelaide Street, Oxley Park. Councillor Marcus Cornish expressed concerns about the noise produced from vehicles travelling over the proposed speed humps, particularly in this residential street.

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David Drozd – Traffic Engineering Coordinator advised that Council considered many other possible traffic calming facilities in this residential street and determined that the provision of speed humps are the best option to reduce vehicle speeds and are best suited to the current road environment on Adelaide Street, Oxley Park as no parking loss results. RMS comments supplied to the LTC indicated that each of the three proposed watts profile speed humps are over 200 metres apart from one another and should ideally be spaced between 80-150 metres apart in line with Austroads Guidelines, to adequately lowers speeds in Adelaide Street. David Drozd – Traffic Engineering Coordinator indicated that whilst the 80-150 metres spacing is a guide, similar treatments across Oxley Park have 200 metres spacing and speed reduction is still achieved. RECOMMENDED That: 1. The information contained in the report on Adelaide Street, Oxley Park - Proposed Speed Humps be received. 2. Consultation be undertaken with affected residents, with any substantial objections to be referred back to Local Traffic Committee for consideration. 3. Subject to no substantial objections, Design Plan TES010 for a series of three (3) Watts profile speed humps on Adelaide Street be endorsed for construction (as shown in Appendix 1). 4. The project be funded from the 2017-2018 Major Traffic Facilities budget.

7 Reserve Street and Woodriff Street, Penrith - Design Plan AR166 Endorsement for Pedestrian Refuge Construction Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised the Committee (for their information) of previous requests submitted to Council for the provision of pedestrian crossings on Reserve Street, Penrith and near the intersection with Woodriff Street, however, marked pedestrian crossings are not warranted on this street at this time. Deputy Mayor, Councillor Tricia Hitchen requested of the Committee on behalf of residents that ground tactile indictors be placed in the centre of the pedestrian refuge island to assist vision impaired people with crossing the road. Graham Green – Senior Traffic Engineer advised that ground tactile indicators can be placed at pedestrian refuge islands to assist vision impaired in identifying their surroundings and to safely cross the road. Councillor Marcus Cornish enquired about the number of car parking spaces lost following the construction of the proposed pedestrian refuge island. Daniel Davidson – Senior traffic Engineer advised that one car space will be lost on Reserve Street following the construction of the proposed refuge island. Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised the Committee (for their information) that Council is currently reviewing design plans for the development of an aged care facility at the temporary car park, adjacent to Reserve Street. RMS comments supplied to the LTC enquired about the turning path of heavy vehicles at the proposed pedestrian refuge and requested that a copy of the turning paths design plans by forwarded to the RMS for review, prior to construction.

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RECOMMENDED That: 1. The information contained in the report on Reserve Street and Woodriff Street, Penrith - Design Plan AR166 Endorsement for Pedestrian Refuge Construction be received. 2. Design Plan AR166 (dated August 2017) with the inclusion of ground tactile indicators at the pedestrian refuge be endorsed for construction, subject to receiving concurrence from the RMS, with funding provided from the 2017/18 LTC/Urgent Traffic Facilities budget. 3. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy to ensure compliance with the relevant lighting category. 4. Nepean Village Shopping Centre Management be advised of Council’s resolution.

8 Huntingdon Parade, Cambridge Gardens - Proposed Line Marking Councillor Marcus Cornish advised the Committee of the similar road geometry of Summerfield Circuit, Cambridge Gardens located north of Huntington Parade, and requested that Council investigate the provision of providing similar line marking on the bend of Summerfield Circuit. Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised that Council has investigated Huntingdon Parade in response to resident concerns. Wayne Mitchell also advised that although no resident concerns about Summerfield Circuit have been received, Council will investigate the possibility and appropriateness of providing similar double barrier line marking on the bend of Summerfield Circuit. RECOMMENDED That: 1. The information contained in the report on Huntingdon Parade, Cambridge Gardens - Proposed Line Marking be received. 2. Line Marking be installed on Huntingdon Parade, Cambridge Gardens as shown in Appendix 1. 3. The resident who raised the matter and adjoining property owners be informed of the outcome. 4. Council’s Traffic Officers investigate the bend of Summerfield Circuit, Cambridge Gardens and review the option of providing double barrier linemarking.

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9 Glennie Street, Colyton - Proposed Part-Time Parking Restrictions Wayne Mitchell (Chair) – Executive Manager Environment and City Development advised the Committee (for their information) that the current contract for waste services is coming up for review and may change. Wayne Mitchell also advised the Committee that the days that waste service collection is undertaken are subject to change and as such, suggested that the proposed Part-time Parking Restrictions be amended to all day ‘No Parking’ restrictions. Daniel Davidson – Senior Traffic Engineer advised that they will consult with Council’s Waste Services Section in regards to adjusting the timed part-time parking restrictions to all day ‘No Parking ‘on Glennie Street, Colyton for future waste collection services and will then consult with the affected residents in Glennie Street, Colyton. RECOMMENDED That: 1. The information contained in the report on Glennie Street, Colyton - Proposed Part-Time Parking Restrictions be received. 2. Consultation be undertaken with affected residents regarding the proposal to install parking restrictions within the eastern end of Glennie Street, Colyton, and any substantial objections be referred back to the Local Traffic Committee for consideration. 3. Subject to no substantial objections, part-time “No Parking (5pm Thurs – 5pm Fri) be installed in the eastern end of Glennie Street, Colyton as shown in Appendix 1. 4. Council’s Waste Services section be advised of Council’s resolution.

10 The Australian Ballet - Sydney International Regatta Centre - Saturday 4 November, 2017 RECOMMENDED That: 1. The information contained in the report on The Australian Ballet - Sydney International Regatta Centre - Saturday 4 November, 2017 be received. 2. The event applicant be advised that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3. The Traffic Management Plan for The Australian Ballet- Ballet under the Stars at the Sydney International Regatta Centre on Saturday 4 November, 2017 be endorsed, subject to the following conditions:

(a) Any affected properties including the Castlereagh Christian Conference Centre, be advised of the event by the applicant.

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

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injury which may result from the proposed event.

(c) Traffic Control Plans be prepared by a qualified and certified professional and submitted to Council and NSW Police prior to the event.

(d) Where Traffic Controllers are to be used, all Traffic controllers have current Roads and Maritime Services certification.

(e) The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(f) The event applicant provides variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for information. VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

(g) The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

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

4. Any proposed speed limit reductions are subject to the separate approval of the Roads and Maritime Services. 5. The applicant be advised of Council’s resolution.

11 High Street, Penrith - Proposed 1 Hour Parking (1P) Zone Restrictions Councillor Marcus Cornish advised the Committee of his concerns about the proposed 1 Hour Parking zone restrictions not providing adequate time for customers and suggested adjusting the proposed 1 Hour Parking to 2 Hour or 3 Hour Parking. Wayne Mitchell (Chair) – Executive Manager Environment and City Development advised that the propose 1 Hour Parking zone will allow for greater turnover and opportunity for loading vehicles to park and load and unload their goods. Wayne Mitchell also advised that a 1 Hour Parking zone is a compromise to providing a ‘Loading Zone’, as a ‘Loading Zone’ will result in a loss of parking for customers as it restricts all non-loading vehicles completely from parking there. RMS comments supplied to the LTC indicated that the changes to parking is within a 1km radius of Penrith Station and RMS requested that Council send a formal request to RMS to review the proposed changes to parking restrictions and also gain the appropriate support from Transport NSW.

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RECOMMENDED That: 1. The report be deferred and Council’s Traffic Officers be requested to review the surrounding streets in Penrith and Council’s Penrith City Centre Car Parking Strategy with regards to implementing parking restrictions on the southern side of High Street, Penrith fronting business No. 282 High Street.

2. A detailed report be prepared and presented back to a future Local Traffic Committee Meeting.

12 Andromeda Drive, Cranebrook - Proposed Refuge Island Councillor Marcus Cornish enquired about the width of the proposed footpath leading from the Council Reserve adjacent to Borodin Close and extending to Andromeda Drive, Cranebrook. Kevin King – Trainee Engineer and Wayne Mitchell (Chair) - Executive Manager Environment and City Development confirmed that the standard width of a footpath is 1.5 metres wide. RMS comments supplied to the LTC indicated that they previously provided a response to Council on 31August 2017 regarding the proposed refuge island. RMS enquired about the lane width of southbound traffic on Andromeda Drive. RMS requested of the Committee that the signage and line marking plans be amended to provide at least 3 metres of travel on the southbound traffic lane and the installation of W6-1 and W8-25 signage. David Drozd – Traffic Engineering Coordinator advised that the minimum 3 metres travel lane will be maintained. RECOMMENDED That: 1. The information contained in the report on Andromeda Drive, Cranebrook - Proposed Refuge Island be received. 2. Consultation be undertaken with affected residents. 3. Subject to no substantial objections, pedestrian refuge, amended signage and line marking plan (Project Number NW150240, Drawing Numbers C1.01 and C1.02) prepared by ACOR Consultants providing at least 3 metres of travel on the southbound traffic lane and the installation of W6-1 and W8-25 signage be endorsed for construction, subject to (as shown in Appendix 1 & 2). 4. All costs associated with the installation of the roundabout, signage and line marking be funded by the applicant. 5. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy to ensure compliance with the relevant lighting category. 6. ACOR Consultants be advised of Council’s resolution.

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13 Monfarville Street and Carpenter Street, St Marys - Proposed Roundabout Steve Grady of Busways requested to the Committee that the proposed roundabout at the intersection of Monfarville Street and Carpenter Street, St Marys be constructed as a mountable roundabout to assist bus turning movements. Kevin King – Trainee Engineer advised that adjustments can be made to the Design Plan with regards to the location of the blister islands to assist bus turning movements. Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised the Committee that the Design Plan is a concept for in-principle support from the Committee and not for construction. Wayne Mitchell also advised that a future detailed design plan will be presented back to the LTC Committee at a future meeting when the matter becomes a priority on Council’s Traffic Facilities Prioritisation List and funding becomes available. RECOMMENDED That: 1. The information contained in the report on Monfarville Street and Carpenter Street, St Marys - Proposed Roundabout be received. 2. The Proposed roundabout, as shown in Appendix 1, be approved in principle and be entered into Council’s Traffic Facilities Prioritisation Program. 3. When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to prepare a design for the Roundabout, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement. 4. The resident who raised the matter be advised of Council’s resolution.

14 Coreen Avenue and Arakoon Avenue, Penrith - Proposed Roundabout Councillor Marcus Cornish advised the Committee of his concerns about the suitability of the proposed roundabout at the intersection of Coreen Avenue and Arakoon Avenue, Penrith. Councillor Marcus Cornish does not support the proposed roundabout and suggested to the Committee for the installation of traffic lights at this intersection. David Drozd – Traffic Engineering Coordinator advised that traffic volumes and speeds are high on Coreen Avenue and indicated that the provision of a roundabout would be the best traffic calming facility to slow vehicles down in this length of road, noting that warrants for traffic lights would not be met at present. RMS comments supplied to the LTC indicate RMS concerns about the proposed roundabout to assist the elderly residents from St Stephens Retirement Village as the Austroads Guidelines indicate that it is ‘acknowledged that some pedestrians are concerned about their safety because roundabouts do not give positive priority to pedestrians over through and turning traffic movements. Exits are problematic, particularly for elderly pedestrians and children.’ David Drozd- Traffic Engineering Coordinator advised the Committee generally of safety concerns received from Anglicare St Stephens Village aged care facility with regards to the safety of the elderly crossing Coreen Avenue to access the bus stop on the opposite side of the road. David Drozd clarified that the intention of this roundabout is to address the issues of speeding and traffic control on Coreen Avenue and the 2 stage crossing of Coreen Avenue is a secondary benefit for pedestrians. Whilst exits may be problematic for the elderly at roundabouts, in this case, a single lane roundabout with moderate side street

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volumes is an overall positive outcome for both safety and traffic control. RECOMMENDED That: 1. The information contained in the report on Coreen Avenue and Arakoon Avenue, Penrith - Proposed Roundabout be received. 2. The proposed Roundabout as shown in Appendix 1 be approved in principle and be entered into Council’s Traffic Facilities Prioritisation Program. 3. When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to prepare a design for the Roundabout, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement. 4. St Stephens Retirement Village be advised of Council’s resolution.

15 Jordan Springs East, Stage 2 - Signs and Lines Plans Councillor Marcus Cornish enquired about the placement of pram ramps on the proposed footpath depicted in the Signs and Lines Design Plans. Wayne Mitchell (Chair) - Executive Manager Environment and City Development advised that pram ramps would have been considered by Council’s Design and Major Projects Section during the design stage and reassured that pram ramps would have been depicted in the Signs and Lines Design Plans where necessary. Wayne Mitchell (Chair) - Executive Manager Environment and City Development commended the Committee members for all their work and effort in the design, installation and future monitoring of this project works. The RMS requested minor amendments and clarification on the design plans. RECOMMENDED That: 1. The information contained in the report on Jordan Springs East, Stage 2 - Signs and Lines Plans be received. 2. The signage and line marking plan prepared by Cardno for Jordan Springs East Subdivision Works (Drawing Numbers: 89914020-ST02-1321, 89914020-ST02-1322, 89914020-ST02-1323, 89914020-ST02-1324; and 89914020-ST02-1325) be endorsed for construction (as shown in Appendix 1), subject to RMS concurrence. 3. All associated signage and line marking be installed in accordance with Australian Standards. 4. All costs associated with the installation of the signage and line marking be funded by the applicant. 5. Cardno be advised of Council’s resolution.

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16 National Blackspot Program Evaluation - Penrith LGA RECOMMENDED That: 1. The information contained in the report on National Blackspot Program Evaluation - Penrith LGA be received. 2. Council note the information.

17 Adelaide Street, Oxley Park - Provision of Marked Parking Spaces Steve Grady of Busways advised the Committee (for their information) that roughly 4 buses a day operate and travel along Adelaide Street, Oxley Park. RECOMMENDED That: 1. The information contained in the report on Adelaide Street, Oxley Park - Provision of Marked Parking Spaces be received. 2. Marked parking spaces, removal of sections of double barrier centre line and relocation of two “No Stopping” zone signs be implemented in Adelaide Street, Oxley Park between Sydney Street and Perth Street, as shown on Appendices 1, 2 and 3. 3. Deputy Mayor, Councillor Tricia Hitchen, Oxley Park Public School and affected residents be advised of Council’s decision.

18 Smeeton Road, Nutt Road and Taylor Road, Londonderry - Endorsement of Design Plan AN189 Councillor Marcus Cornish requested of the Committee that raised ‘cats eye’ reflectors being installed at the intersection of Smeeton, Nutt and Taylor Roads, Londonderry due to concerns about poor lighting at this intersection. The RMS indicated some elements of the design plan may differ from the approved concepts. David Drozd – Traffic Engineering Coordinator indicated the scope of works treat the required accidents and are in accordance with the nomination provided to the RMS. RECOMMENDED That: 1. The information contained in the report on Smeeton Road, Nutt Road and Taylor Road, Londonderry - Endorsement of Design Plan AN189 be received. 2. Design Plan AN189 (dated 17 August 2017) including the installation of raised pavement reflectors (RRPM’s) be endorsed for construction, with funding provided from the 2017/18 National Building Black Spot Program. 3. Adjacent residents be notified of Council’s resolution. 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.

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GENERAL BUSINESS

GB 1 Nepean Street, Emu Plains - Visibility of Chicanes at Pedestrian Refuge Islands Councillor Marcus Cornish expressed concerns to the Committee about the visibility of the black and white chicanes situated at the pedestrian refuge islands on Nepean Street, Emu Plains, adjacent to the shared use path. Councillor Marcus Cornish requested that reflectors be placed on the poles of the chicane signs to assist with visibility for drivers. RECOMMENDED That: 1. Council investigate the black and white chicanes situated at the pedestrian refuge islands on Nepean Street, Emu Plains, adjacent to the shared use path and review options for either reflectors or other methods to improve visibility for drivers.

2. Councillor Marcus Cornish be advised of the outcome.

GB 2 M4 Motorway, Leonay - Concerns about Dead Tree Overhanging Off Ramps near Roundabout Cornish Councillor Marcus Cornish advised the Committee of his safety concerns about a dead tree overhanging the M4 Motorway off ramps, near the Leonay exit roundabout. RECOMMENDED That: 1. Council’s Traffic Officers send a letter to the RMS requesting they investigate the removal of or trimming of the dead tree overhanging the M4 Motorway off ramps near the roundabout in Leonay.

2. Councillor Marcus Cornish be advised of the outcome.

GB 3 Doonmore Street and Jamison Road, Penrith - 'Rat Running' and Pedestrian Safety Concerns Deputy Mayor, Councillor Tricia Hitchen raised concerns on behalf of residents about instances of vehicles ‘rat running’ along Doonmore Street, from Jamison Road, Penrith and concerns about pedestrian safety near Penrith High School. RECOMMENDED That: 1. Council’s Traffic Officers investigate Doonmore Street, from Jamison Road Penrith for instances of ‘rat running’ and review pedestrian safety conditions near Penrith High School and for options of improvement.

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

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GB 4 St Marys Spring Festival and Street Parade on Saturday 2 September 2017 - Feedback on Bus Operations Steve Grady of Busways advised the Committee that bus operations for the St Marys Spring Festival and Street Parade on Saturday 2 September 2017 went well and no complaints were received by Busways. RECOMMENDED That the Committee note the information.

There being no further business the Chairperson declared the meeting closed the time being 10:40am.

A presentation was conducted by Lendlease regarding The Northern Road Upgrade from Glenmore Parkway to Jamison Road.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 September, 2017 be adopted.

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REPORT AND RECOMMENDATIONS OF THE POLICY REVIEW COMMITTEE MEETING HELD ON 11 SEPTEMBER, 2017

PRESENT Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee.

LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Ben Price for the period 5 September 2017 to 12 September 2017 inclusive. Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 28 August 2017 to 11 September 2017 inclusive. Leave of Absence was previously granted to Councillor John Thain for the period 4 September 2017 to 11 September 2017 inclusive.

APOLOGIES There were no apologies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 August 2017 The Policy Review Committee Meeting of 14 August 2017 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

1 The Penrith Mayoral Challenge - Review and Proposed Future Direction RECOMMENDED That: 1. The information contained in the report on The Penrith Mayoral Challenge - Review and Proposed Future Direction be received. 2. Council endorse the proposed schedule of playground sites for inclusion in the Penrith Mayoral Challenge for 2018-19 and 2019-20. 3. Options for two additional playground sites for 2020-2021 and 2021-2022 be included in the report when outcomes of the Cook Park, St Marys is presented to Council.

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2 Oxley Park Place Plan RECOMMENDED That: 1. The information contained in the report on Oxley Park Place Plan be received. 2. Council endorse the Oxley Park Place Plan 2017 – 2020. 3. The Place Management Department continue to liaise with residents and support the implementation of the Oxley Park Place Plan.

OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

3 Waste and Resource Recovery Strategy RECOMMENDED That: 1. The information contained in the report on the Waste and Resource Recovery Strategy (2017-2026) be received. 2. Council endorse the Penrith Waste and Resource Recovery Strategy (2017- 2026).

Councillor Ross Fowler OAM requested that names be recorded. For Against Councillor Kath Presdee Councillor Marcus Cornish Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney

There being no further business the Chairperson declared the meeting closed the time being 8:06pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 September, 2017 be adopted.

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DELIVERY PROGRAM REPORTS

Item Page

OUTCOME 1 - WE CAN WORK CLOSE TO HOME

1 Expression of Interest Reference 16/17-01, Development and Project Management Services 1

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

2 Development Application DA17/0352 Demolition of Existing Structures & Construction of 5 x Town Houses with Basement Parking & Strata Subdivision Lot 1 DP 202002 (No. 43) College Street, Cambridge Park Applicant: Michael Wong; Owner: ~Evelyn Ashni and Dale Mathew Thomas Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 15

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

3 Establishment of Alcohol Free Zones and Alcohol Prohibited Areas 31

4 Tender Reference 17/18-01, Mechanical Services Upgrade 41

OUTCOME 6 - WE ARE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT

5 Emu Plains Tennis Court S377 Committee 51

6 The Community Assistance Program Planned Component 2017-18 53

7 Western Sydney Academy of Sport - Board Director 64

8 Request for Penrith Panthers Premier League Netball Sponsorship 66

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

9 Election of Deputy Mayor 71

10 Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited 75

11 Review of Delegations 83

12 Council Office Space within Civic Centre - Licence Agreement to CivicRisk West 92

13 2016-17 Draft Financial Statements 95

14 2017-18 Financial Assistance Grant 102

15 Summary of Investments & Banking for the period 1 August to 31 August 2017 105

OUTCOME 1 - WE CAN WORK CLOSE TO HOME

Item Page

1 Expression of Interest Reference 16/17-01, Development and Project Management Services 1

Ordinary Meeting 25 September 2017

1 Expression of Interest Reference 16/17-01, Development and Project Management Services

Compiled by: David Ellks, Property Projects Co-ordinator Authorised by: Neil Farquharson, Acting Chief Financial Officer

Outcome We can work close to home Strategy Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors Service Activity Utilise Council's property portfolio to stimulate growth and development opportunities in the City

Executive Summary This report advises the Council on the outcome of the Expression of Interest (EOI) stage that has been conducted to establish a panel of three (3) to five (5) pre-qualified Development and Project Managers (DM and PM) for the various types of property development projects Council may undertake to achieve its strategic objectives.

Establishing the panels will enable Council to more quickly procure DM and/or PM advice which is required early in the life of a project, achieve efficiencies with procurement and ensure quotes or tenders are being obtained from qualified and appropriately experienced consultants whose rates represent value for money.

This EOI is stage one (1) of a two (2) stage procurement process. Stage 2 will involve obtaining quotes or tenders from the panel members based on a specific brief in accordance with Council’s Supply and Tender Guidelines.

The EOI for the provision of DM / PM services EOI 16/17-01 was advertised on 27 July 2017 in the Western Weekender, Australian Financial Review and on the e-tendering and Apet360 websites, and on the 1 August 2017 in the Sydney Morning Herald. A total of 51 EOI’s were received.

The panel members recommended for each type of project are (in alphabetical order): • DM services for Type A projects (complex, large city shaping / urban renewal developments): APP Corporation, Avenor, Casiluma, Deloitte and Savills Project Management • PM services for Type A projects (complex, large city shaping / urban renewal developments): APP Corporation, Casiluma, Deloitte and Savills Project Management • DM services for Type B projects (single building developments with a contract value less than $20m): APP Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting • PM services for Type B projects (single building developments with a contract value less than $20m): APP Corporation, Deloitte, Root Partnerships, Savills Project Management, Thornton Consulting

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• DM services for Type C projects (single building developments with a contract value greater than $20m): APP Corporation, Avenor, Casiluma, Deloitte, Savills Project Management • PM services for Type C projects (single building developments with a contract value greater than $20m): APP Corporation, Casiluma, Deloitte, Root Partnerships, Savills Project Management • DM services for Type D projects (land disposals, joint venturers or private public partnerships for a specific development by a 3rd party): App Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting • PM services for Type D projects (land disposals, joint venturers or private public partnerships for a specific development by a 3rd party): App Corporation, Casiluma, Deloitte, Root Partnerships, Thornton Consulting • DM services for Type E projects (small scale subdivisions for a variety of uses): APP Corporation, AT&L, Benaiah, Savills Project Management, Thornton Consulting • PM services for Type E projects (small scale subdivisions for a variety of uses): APP Corporation, AT&L, Benaiah, Mepstead and Associates, Thornton Consulting • DM services for Type F projects (medium to large scale subdivisions): APP Corporation, AT&L, Beniah, Casiluma, Deloitte • DM services for Type F projects (medium to large scale subdivisions): APP Corporation, AT&L, Beniah, J. Wyndham Prince, Mepstead and Associates • DM services for Type G projects (preparing a parcel of land for taking to the market or development by Council): APP Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting • PM services for Type G projects (preparing a parcel of land for taking to the market or development by Council): APP Corporation, Casiluma, Deloitte, J. Wyndham Prince, Thornton Consulting

The duration of the panels will be three (3) years from the date of inception, and Council reserves the right to obtain quotes from consultants not on the panel.

Background

To achieve strategic objectives and respond to opportunities that arise for the growth of the City, Council will assess and undertake a number of different types of property development projects. The project types include: A. Complex, large scale city shaping / urban renewal style projects of regional significance on large land parcels involving infrastructure upgrades and a mix of uses in multiple buildings delivered in stages over a number of years. B. Single building developments or redevelopments where Council is the developer and the head contract value is less than $20m. C. Single building developments or redevelopments where Council is the developer and the head contract value exceeds $20m. D. Land disposals, joint ventures or Public Private Partnerships for a specific development involving a 3rd party.

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E. Small scale subdivisions (20 lots or less) for a variety of uses. F. Medium to large scale subdivisions (greater than 20 lots) delivered in 1 or more stages. G. Preparing one or more lots for taking to the market, or development by Council.

Each project type will require a DM and / or PM with the appropriate capabilities and experience to work with Council to set projects up for success and to direct and manage their implementation. Ideally the DM and / or PM will become involved early in the process, preferably as soon as the strategic need has been identified and the business case work is set to commence. Hence the ability to source the right service provider and procure their services as quickly as reasonably possible is important.

The benefits from establishing a pre-qualified panel of three (3) to five (5) DM’s and PM’s for each type of project include: • Enabling Council to source the specific services an opportunity or project needs more quickly. • Achieving efficiencies with procurement of services. • Ensuring value for money is obtained where there is an urgent need, or the right consultant for specific services is clear. • Reduced risk of breaching tendering requirements (Council will have rates and information to better estimate the cost of services required and hence the need for a tender).

Respondents were required to submit their EOI through the APET360 Portal, which clearly identified the required response against each of the evaluation criteria. Proponents were also required to provide a schedule of hourly, daily, weekly and monthly rates for staff.

The EOI document advised that Council would establish a panel of three (3) to five (5) consultants capable of delivering each project type described above, and that this EOI was the first stage in a two (2) stage procurement process, with the second stage involving the panel members being invited to quote, or participate in a select tender process depending on whether or not the estimated cost of services exceeds the limit set in the Local Government Act where a tender is required.

The EOI document also noted that Council reserves the right to seek proposals from consultants not on the panels.

EOI Evaluation Process

The EOI Evaluation Panel consisted of Andrew Moore (Chief Financial Officer), David Ellks (Property Projects Coordinator) and Tara Braithwaite (Property Projects Officer).

Laura Stott (Supply Officer - Contracts), provided the Evaluation Panel with advice on process and scoring.

Angus Fulton (Property Development Manager) did not participate in the evaluation due to perceived conflicts of interest.

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Evaluation Criteria

The evaluation criteria in the EOI document and used to assess EOI’s included the following: • Demonstrated Ability • Task Appreciation and Methodology • Value Adding • Schedule of Rates • Social Responsibility • Quality Assurance • Work Health and Safety

Process Steps

The process for the evaluation of EOI’S was as follows: 1. An initial review for compliance and identification of proposals to be set aside from further consideration on the basis on non-conformance. 2. Score and rank all conforming EOI’s against the published non-commercial criteria using the criteria weightings that were determined before the receipt of EOI’s. 3. Determine a short list of consultants that met Council’s minimum requirements. 4. Review the short-listed consultants schedule of rates to complete the value for money and ranking assessment.

Summary of Tenders Received

A total of 51 proposals were received in response to the advertised EOI. All EOI’s listed in alphabetical order in Table 1 were included in the initial evaluation.

Table 1 – the 51 companies in alphabetical order who responded to the call for an EOI Company Location Directors Altus Group Consulting Pty Ltd Sydney Niall McSweeney Barry Woollam Liana Turrin Steve Howell Angelo Bartolini Nick Marston Stuart Colhoun Murray Baker Ampersand Development Consulting Sydney Glyn Richards Alex Maffi APP Corporation Pty Ltd North Sydney Ian Michael Maxted Derek Andrew Osborn Adam Castro Todd Prideaux SelbyCorporation Company secretaries: Angelique Fleur Nesbitt AREA3 Consulting Pyrmont Darren Hawkins Charles Penny Artazan Property Group Pty Ltd Sydney Jennifer Margaret White Gavin Paul White Michael Gregory Kirkby

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Company Location Directors AT&L and Associates Pty Ltd North Sydney Anthony McLandsborough Aurecon Australasia Pty Ltd Neutral Bay Africon Connell Wagner Ninham Shand Avenor Sydney Mr. James Paver Mr. Peter Clemesha Aver Pty Ltd Darlinghurst David Riddell BENAIAH Pty Ltd Hurstville Ben Bourke BG&E Pty Limited Sydney Frank Cerra Joe Catanzariti Peter Coughlan Simon Shaw Donald MacMillan Peter De Bruin BGIS LTD PTY Sydney Jonathan Ignatius McCormick Monique Louise Holmes Jon McCormick Monique Holmes Richard Gee Natalie Forbes Todd Johnsen Buildquest Westmead Elie Aktila Andy Saada CARAS North Sydney Noel Storan Niall Byrne Cardno NSW/ACT Pty Ltd Sydney Peter Anthony Barker Brett Phillips David Pitronaci Martin Christopher Wells Casiluma Pty Ltd Longueville Catherine Pagett CBRE (GCS) Pty Ltd Sydney Robert Blain Mark Granter Amanda Steele Cameron Grier Ray Pittman Jamie Maione Census Advisory Pty Ltd Sydney Paul Humphries Ben Bacon Scott Steventon Cornu Australia Pty Limited Randwick Michael Filo Cushman & Wakefield Pty Ltd Melbourne ultimately owned by funds controlled by the consortium comprising TPG Capital, PAG Asia Capital and Ontario Teachers’ Pension Plan Board (together, the Consortium) Deloitte Touche Tohmatsu Sydney Cindy Hook Andrew Griffiths David Hill DJ Gabriel Consulting Pty Ltd t/a SPM Crows Nest Dean Gavrilovic Engine Room Venture Management Pty Sydney William McGeachie Ltd James Brooks epm Projects Pty Ltd North Sydney Andrew Graham Stephen Welsh Johan O'Brien Mark Blizard Ryan Mooney Findlay Management Consulting Pty Ltd Coledale Andrew George Findlay

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Company Location Directors GHD Sydney Rob Knott Ashley Wright Denise Anderson Sheryl Cornelius Michael Muntisov May Ngui Iver Skavdal Jan Babiak Peter Wasow Highgate Management Pty Ltd Sydney Michael Jessett David Hume HILLPDA Pty Limited Sydney Martin Hill HVH Group Pty Ltd North Sydney Alex Halliburton Brian Vanden Hogen J. Wyndham Prince Pty Ltd Penrith Wayne Young Greg Moran Peter Mehl David Johnson Lineaire Projects Pty Ltd Woolloomooloo Hediyeh Vahdat Michael Kaluza Mace Australia Sydney Jeremy Oakes Marcus Burley Christopher Othen Macroplan Holdings Pty Ltd Sydney Brian Haratsis Michael Tilt Mepstead & Associates Pty Ltd Thornleigh Stella L Walter Craig D Coggins Mitchell Brandtman Miranda Andrew Opperman Shane Brandtman Simon Brandtman Darryl Bird, Gary Thompson Maoibh Russell Matthew Hemming Michael Ivey Montlaur Project Services Sydney Leon Lachal Jason Buchanan Christian Gunnersen Richard Hume Brian Miller Andrew Murray Courtney Simmonds Rocky DePace North Projects Pty Ltd North Sydney Graham Billings Tim Hogg Stephen Rowe Simon Shiel James Durney Orion Consulting Engineers Pty Ltd Baulkham Hills Leon Lachal Jason Buchanan Christian Gunnersen Richard Hume Brian Miller Andrew Murray Courtney Simmonds Rocky DePace ORKA Construction Solutions Pty Ltd Fairy Meadow Kevin Anger Oriana Romano

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Company Location Directors Projects & Infrastructure Holdings Pty Surry Hills Rob Woolf Ltd Resource Co-ordination Partnership PL Sydney Russell Martoo ACN010285757 as trustee for Resource Jennifer Smith Co-ordination Partnership Neal Taylor Ian Kerr Richard Little Romney Group Pty Ltd Elizabeth Bay Jeffrey Appel Root Partnerships Sydney Peter Root David Gundy Matthew Dalmau Mac Lydiard William Woodhead Craig Hausler John Taylor Penny Hutchinson RPSPM Pty Ltd Sydney Brendan John Michael Bilston Stuart Conrad Roberts John Campbell Tompson Benjamin Raymond Perry Michael James Owens Sage Developments Pty Ltd Erina Heights Steve Jensen Angela Jensen Savills Project Management Pty Ltd Sydney Paul Craig Simon Fenn Brett Kauffman SJA Construction Services Pty Ltd Sydney Stephen Abbott SMEC Australia Pty Ltd Campbelltown James Phillis Thelem Consulting Pty Ltd Sydney Justin Woodcock Thornton Consulting Pty Ltd Crows Nest Warren Yates Turner & Townsend Thinc Pty Ltd Sydney Vince Clancy Anooj Oodit Suresh Gopalani Darren Munton Brad Richardson Dave Liddle Matt Billingham Ross Dunkerly

Evaluation of Proposals

The initial review for compliance saw five (5) consultants set aside from further consideration.

The remaining 46 were assessed and scored against the non-commercial criteria. This produced a short list of sixteen (16) consultants that met Council’s minimum requirements.

The schedule of rates provided by the sixteen (16) remaining consultants were then considered to finalise the value for money assessment and recommended panel membership. The competitiveness of a consultant’s rates was assessed by comparing them with what others proposed in this EOI and the many fee proposals received in recent years for like services from like consultancies.

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Recommended DM / PM Services Panels

Table 1 lists the recommended panel members in alphabetical order for each type of project.

Table 1 – recommended panel members in alphabetical order:

PROJECT TYPE DM SERVICES PANEL PM SERVICES PANEL Large scale city shaping / urban • APP Corporation Pty Ltd • APP Corporation Pty Ltd renewal style projects on large • Avenor • Casiluma Pty Ltd land parcels involving • Casiluma Pty Ltd • Deloitte infrastructure upgrades and a • Deloitte • Savills Project Management mix of uses in multiple buildings Pty Ltd delivered in stages over several • Savills Project Management years. Pty Ltd Single building developments • APP Corporation Pty Ltd • APP Corporation Pty Ltd where Council is the developer • Casiluma Pty Ltd • Deloitte and the head contract value is • Deloitte • Root Partnerships Pty Ltd less than $20m. • Savills Project Management • Savills Project Management Pty Ltd Pty Ltd • Thornton Consulting Pty Ltd • Thornton Consulting Pty Ltd Single building developments • APP Corporation Pty Ltd • APP Corporation Pty Ltd where Council is the developer • Avenor • Casiluma Pty Ltd and the head contract value • Casiluma Pty Ltd • Deloitte exceeds $20m. • Deloitte • Root Partnerships Pty Ltd • Savills Project Management • Savills Project Management Pty Ltd Pty Ltd Land disposals for the purpose • APP Corporation Pty Ltd • APP Corporation Pty Ltd of a specific development by a • Casiluma Pty Ltd • Casiluma Pty Ltd 3rd party. • Deloitte • Deloitte • Savills Project Management • Root Partnerships Pty Ltd Pty Ltd • Thornton Consulting Pty Ltd • Thornton Consulting Pty Ltd Small scale subdivisions for a • APP Corporation Pty Ltd • APP Corporation Pty Ltd variety of uses. • AT&L • AT&L • Benaiah Pty Ltd • Benaiah Pty Ltd • Savills Project Management • Mepstead & Associates Pty Pty Ltd Ltd • Thornton Consulting Pty Ltd • Thornton Consulting Pty Ltd Medium to large scale • APP Corporation Pty Ltd • APP Corporation Pty Ltd subdivisions delivered in 1 or • AT&L • AT&L more stages. • Benaiah Pty Ltd • Benaiah Pty Ltd • Casiluma Pty Ltd • J. Wyndham Prince • Deloitte • Mepstead & Associates Pty Ltd Preparing a single or number of • APP Corporation Pty Ltd • APP Corporation Pty Ltd lots for taking to the market, or • Casiluma • Casiluma development by Council. • Deloitte • Deloitte • Savills Project Management • J. Wyndham Prince Pty Ltd • Thornton Consulting Pty Ltd • Thornton Consulting Pty Ltd

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The proposed panels comprise small to large organisations with the experience, capability and capacity needed for the type of project for which they are nominated, plus the rates they have provided are competitive and represent value for money.

Duration of Panel Arrangement

The panels will remain in effect for a period of three (3) years from the date of inception.

Note: Council reserves the right to obtain quotes and tenders from other consultants.

Acting Financial Services Comment

The establishment of two panels for Development Management Services and Project Management Services is considered appropriate given the complex nature of these type of projects. It is envisaged that this approach will be more efficient and reduce the time taken to source and engage the appropriate resources.

Council’s Supply and Tendering requirements will still need to be maintained meaning that quotes will be obtained from the panel members where the cost of services will cost less than $150,000 (GST inclusive), or panel members will be invited to participate in a select tender process where the cost of services will cost $150,000 (GST inclusive) or more. The establishment of the panels doesn’t restrict the organisation to using the panels if it considers that better efficiencies or value for money could be achieved outside of these panels.

This process is in accordance with clause 169 of the Local Government Regulation 2005 Part 7.

Tender Advisory Group (TAG) Comment The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Acting Financial Services Manager, David McIllhatton, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the Expression of Interest for Project and Development Management Services. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendation.

Conclusion

The Development Management and Project Management service panels recommended in this report will provide Council with a strong and broad mix of property professionals capable of directing, managing, assessing and advising on Council’s various types of property development projects at a value for money price.

Council’s Supply and Tendering requirements still apply and competitive quoting and select tendering will be used as required. The benefits from forming these panels are: • Select tenders or quotes are able to be called from a panel of pre-qualified consultants who have provided a schedule of rates. • Gain efficiencies and reduce time with finding and engaging DM’s / PM’s who are usually required early in the life of a project.

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RECOMMENDATION That: 1. The information contained in the report on Expression of Interest Reference 16/17-01, Development and Project Management Services be received 2. A new three (3) year contract (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following consultants (in alphabetical order) for the specified services in accordance with the terms and conditions of the Expression of Interest: • Development Management services panel for Type A projects (complex, large city shaping / urban renewal developments) - APP Corporation, Avenor, Casiluma, Deloitte and Savills Project Management. • Project Management services panel for Type A projects (complex, large city shaping / urban renewal developments) - APP Corporation, Casiluma, Deloitte and Savills Project Management. • Development Management services panel for Type B projects (single building developments with a contract value less than $20m) - APP Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting. • Project Management services for Type B projects (single building developments with a contract value less than $20m) - APP Corporation, Deloitte, Root Partnerships, Savills Project Management, Thornton Consulting. • Development Management services panel for Type C projects (single building developments with a contract value greater than $20m) - APP Corporation, Avenor, Casiluma, Deloitte, Savills Project Management • Project Management services panel for Type C projects (single building developments with a contract value greater than $20m) - APP Corporation, Casiluma, Deloitte, Root Partnerships, Savills Project Management • Development Management services for Type D projects (land disposals, joint venturers or private public partnerships for a specific development by a 3rd party) - APP Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting • Project Management services panel for Type D projects (land disposals, joint venturers or private public partnerships for a specific development by a 3rd party) - APP Corporation, Casiluma, Deloitte, Root Partnerships, Thornton Consulting • Development Management services panel for Type E projects (small scale subdivisions for a variety of uses) - APP Corporation, AT&L, Benaiah, Savills Project Management, Thornton Consulting

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• Project Management services for Type E projects (small scale subdivisions for a variety of uses) - APP Corporation, AT&L, Benaiah, Mepstead and Associates, Thornton Consulting • Development Management services panel for Type F projects (medium to large scale subdivisions) - App Corporation, AT&L, Beniah, Casiluma, Deloitte • Project Management services for Type F projects (medium to large scale subdivisions) App Corporation, AT&L, Beniah, J. Wyndham Prince, Mepstead and Associates • Development Management services for Type G projects (preparing a parcel of land for taking to the market or development by Council) - APP Corporation, Casiluma, Deloitte, Savills Project Management, Thornton Consulting • Project Management services for Type G projects (preparing a parcel of land for taking to the market or development by Council) - APP Corporation, Casiluma, Deloitte, J. Wyndham Prince, Thornton Consulting.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

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Compiled by: Mahbub Alam, Environmental Planner Authorised by: Peter Wood, Development Services Manager Requested By: Councillor Kevin Crameri OAM

Outcome We plan for our future growth Strategy Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities Service Activity Deliver timely assessment of development in accordance with statutory requirements

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

Executive Summary Council is in receipt of a development application for the demolition of existing structures and the erection of five x two storey town houses with basement parking and a 5 x lot strata subdivision at 43 College St, Cambridge Park.

The subject site is zoned R3 Medium Density Residential under the provision of Penrith Local Environmental Plan 2010 (LEP 2010) and the proposed development is permissible with Council consent.

The application was advertised and notified to nearby owners and occupiers of adjoining properties and exhibited from 12 May 2017 to 26 May 2017. Three (3) submissions were received raising concerns with respect to the scale of development, car parking provision and amenity impacts. Amended plans were received which have suitably addressed these concerns.

The application has been assessed in accordance with the requirements of Section 79C of the Environmental Planning and Assessment Act, 1979 and on balance the proposed development is supported. The application is recommended for approval subject to conditions of consent.

Site and Surrounds

The development site is located on the western side of College Street and approximately 70m south of Oxford Street. The site is regular in shape and has an area of 923m2. It is generally orientated in an east-west direction, with a gradual fall from the rear of the property down to its north-eastern corner (adjacent to College Street). The site currently contains a centrally located single storey dwelling and associated outbuildings. The surrounding area is characterised by low and medium density residential development. A locality plan is provided at Attachment No.1.

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Proposed Development

The proposed development includes the following works:

• Demolition of the existing dwelling and outbuildings; • Construction of 5 x 2 storey town houses with basement parking; • 5 x lot strata subdivision; • Ancillary landscaping, fencing, tree removal, and retaining walls; and • Associated drainage works.

Copies of the architectural plans for the proposal are provided at Attachment No. 2.

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following considerations are addressed: -

Section 79C(1)(a)(i) – Any Environmental Planning Instrument

Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

Water quality and drainage has been considered in assessing the ultimate stormwater design which drains into the street system. Council’s Development Engineers and Environmental Waterways Team have reviewed the application and subject to recommended conditions relating to stormwater management, support the proposed development. In addition, suitable erosion and sediment control measures are proposed in recommended conditions to ensure sediment as a result of the development is not deposited in the Hawkesbury-Nepean River via the stormwater system.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The BASIX scheme aims to encourage sustainable residential development. The policy requires certain kinds of residential development to be accompanied by a list of commitments to be carried out by the applicant. A BASIX Certificate has been submitted with the development application which demonstrates compliance with set sustainability targets for water, energy efficiency and thermal comfort. Recommended conditions refer to the certificate will ensure the nominated commitments are maintained for the life of the proposed development.

Penrith Local Environmental Plan 2010

The subject site is zoned R3 Medium Density Residential under Penrith Local Environmental Plan 2010 and multi dwelling housing is permissible with consent in the zone. The R3 Medium Density Residential zone provides the following objectives:

• To provide for the housing needs of the community within a medium density residential environment. • To provide a variety of housing types within a medium density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

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• To provide for a concentration of housing with access to services and facilities. • To enhance the essential character and identity of established residential areas. • To ensure that a high level of residential amenity is achieved and maintained. • To ensure that development reflects the desired future character and dwelling densities of the area.

The proposal is consistent with the zone objectives through contributing to a range of additional housing types in close proximity to public transport and services to suit the needs of residents within a medium density context.

Clause 4.1A Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

A minimum site area of 800m² for multi-unit housing is required. The site is 923m² which satisfies this requirement.

Clause 4.3 – Height of Buildings

The LEP allows a maximum height of 8.5m. The proposed building height is 8.4m which complies with this requirement. The proposed building is compatible with the height, bulk and scale of the existing and desired future character of the locality.

Clause 5.9 Preservation of trees or vegetation

The proposal involves the removal of a number of existing exotic trees however, the large gum tree adjoining the boundary of the property to the rear is provide with sufficient clearance for retention. The proposal also incorporates landscape embellishment works in the submitted landscape plan to help soften the physical bulk and built form of the proposed development along side boundaries.

Clause 7.7 Servicing

The development site is serviced by water and sewer. Electricity clearances will be obtained prior to works commencing on site and clearance certificates will also be obtained prior to issue of an Occupation Certificate as required under recommended conditions.

Section 79C(1)(a)(iii) – Any Development Control Plan

Penrith Development Control Plan 2014 (DCP 2014)

The proposed development is in accordance with the relevant provisions of Penrith Development Control Plan (DCP) 2014. An assessment of the application has been undertaken and the proposal is consistent with the relevant provisions or objectives with the following exceptions proposed as variations:

Minimum Side Setback

The DCP requires minimum 2m side setbacks between the proposed town houses and the property boundary. A non-compliance is proposed to the southern and northern side boundaries adjoining Units 4 and 5 towards the rear of the site with 1.516m and 1.464m setbacks respectively.

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The objectives of Building Envelope and Side Setbacks is to minimise disturbance to existing topography and natural soil-profiles, and provide for reasonable landscaped separation between neighbouring buildings.

The proposed side setback variation associated with Town House 4 and 5 is less than 600mm and this is considered to be acceptable for the following reasons:

• Town Houses 4 and 5 provide only a bathroom window with a sill height of 1.10m on the first floor with no windows on the ground floor of the southern and northern elevations. This ensures the variation does not result in privacy concerns or overlooking of neighbouring properties from habitable rooms;

• A privacy screen is also proposed adjacent to bedroom windows on the first floor which face into the development (east elevation). This also minimise direct views from these windows to the southern adjoining properties; and

• The proposed town houses comply with the building envelope requirements within the DCP and provide greater setbacks than would be permitted for a single dwelling house being a minimum of 900mm.

• The proposed noncompliance will not create adverse overshadowing of adjoining properties noting that the allotment provides an existing east / west orientation and some overshadowing is unavoidable. The proposal provides spatial separation between each grouping of buildings enabling solar penetration through the development, minimising the impact on the side setback non-compliance with respect to solar access.

As the proposal suitably manages privacy and amenity impacts and ensures compliance with the objectives of the setback standard, the proposed variations are considered to be supportable.

Minimum Landscaped Area

Clause 2.4.8 of Penrith DCP 2014 requires a minimum of 40% of site area to be landscaped as the site is zoned R3 – Medium Density Residential. Landscaped areas are to have a minimum width of 2.0 metres with no encroachments by a basement.

The proposed development provides 194sqm of landscaped area exclusive of basement works which equates to 21% of the site as landscape area. This represents a variation to the DCP. It is noted however that the proposal includes raised planter box landscaping to compensate for the minimised deep root soil zone landscaping which if included, would ensure compliance with the 40% requirement.

The objective for landscaped area is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation, and provide reasonable separation between neighbouring dwellings.

The proposal non-compliance to landscape area (exclusive of basement works) is considered to be acceptable for the following reasons:

• Though the landscaped area does not numerically meet the DCP requirements, the proposal provides deep soil planting areas to the eastern street frontage and western rear boundary which promotes a continuous tree corridor between developments and along the streetscape.

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• Raised planter boxes are proposed which provide screen planting opportunities between the proposed development and southern neighbouring property.

• The landscape elements propose meandering pathways within the site which are integrated with screen planting of various heights and species. This provides landscaped separation between dwellings within the development and neighbouring properties without an abundance of driveway and manoeuvring areas.

• Canopy trees are proposed to private courtyards areas and common areas which provides shade during the summer months. It is noted that the common area be constructed with a reticulated watering system to ensure survival of the planted species.

As the proposal ensures compliance with the objectives of the landscaping development standard, the proposed variation is considered to be supportable.

Section 79C(1)(b) – The Likely Impacts of the Development

Context and Setting

The proposal is designed with a high level of architectural merit that is representative of the emerging and desired character of the area. This proposal is suitable with respect to the emerging built form in a medium density zoned area noting that this proposal specifically provides an architectural form which provides diversity and interest within the streetscape. The design will contribute positively to the existing and emerging streetscape along both College Street and the wider area.

Accessibility

The proposal provides access for people with a disability to comply with the accessibility requirements of the Building Code of Australia (BCA), Australian Standard (AS) 1428 and the primary objectives of the Commonwealth Disability Discrimination Act 1992. The development incorporates lift access from basement parking area.

Access, Parking and Traffic

Suitable car parking and vehicle access arrangements have been provided for the proposal. As per the requirements within the DCP, 2 car parking spaces must be provided for every 3 or more bedroom dwellings. In addition 1 visitor parking space is to be provided for every 5 dwellings.

The proposal is required to provide 11 car parking spaces on site. And this is achieved as follows:

• 10 residential car parking spaces within the proposed basement (2 per dwelling); and • 1 visitor car parking space within the proposed basement.

The proposed car parking arrangements ensure compliance with the requirements within the DCP. The proposal will generate additional traffic in the locality, however the local road network has capacity to accommodate this additional traffic volume noting that the site is specifically zoned for this type of housing density. Vehicular access to the basement levels is via a double width driveway/ramp on the southern side of the property which has been

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assessed by Council’s Development Engineers and found to be compliant with Council’s requirements.

Tree Removal and Protection

The proposal involves the removal of a number of trees however, the submitted landscape plan provides for extensive re-planting where nominated species will be up to 8m in height at maturity. It is noted that two trees on neighbouring properties are located within close proximity to the rear property boundary. These trees are not proposed to be removed and the basement excavation is sufficiently set back to ensure their protection.

Social and Economic Impacts

The proposal will increase the diversity of housing within the area which is in close proximity to existing facilities and services. It provides housing opportunities for the local community and provides for economic investment into the city of Penrith which aligns with growth targets for the local government area. The design proposed largely provides for retention of the existing amenity that adjoining residents currently enjoy.

Section 79C(1)(c) – The Suitability of the Site of the Development

The application has demonstrated that the site is suitable for the proposed development. The site has been identified as being suitable for higher density development through local zoning provisions and as such the development will contribute to achieving the strategic vision for the area. The lot size and wide street frontage are conducive to a development of this scale and the design suitably responds to the site conditions and objectives of the DCP.

Section 79C(1)(d) – Any Submission made in relation to the Development

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2014, the proposed development was notified and advertised in local papers with an exhibition period between 12 May 2017 and 26 May 2017. Council received a total of three (3) individual submissions raising concerns with the proposal however it is noted that 19 comments have been received via www.planningalerts.org.au, with a 13 signature petition in support this application.

The issues raised in the three (3) submissions are summarised and addressed below.

Issue Raised Comment Over-development The subject site is zoned R3 Medium Density Residential under of the site Penrith Local Environmental Plan 2010. Within this zone, multi dwelling housing developments are permissible.

The proposal provides an appropriate scale of medium density dwellings and generally complies with the DCP provisions. The non-compliances identified with respect to side setback and landscape area have been suitably addressed in the design of the development by the spatial separation between built form and the landscaping incorporated as mix of planter box and deep root zone plantings.

The proposal is responsive to the site conditions and neighbouring properties and does not represent an overdevelopment of the site with regard to the zone and emerging character of the area.

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Inadequate car The proposed development will provide 11 car parking spaces parking and street in the basement which ensures compliance with the reliance requirements of the DCP.

The proposal does not rely on street parking to achieve DCP compliance. It is acknowledged that some on street parking may occur associated with this proposal, however the basement parking proposed encourages on site parking for residents and a visitor.

Loss of privacy The upper level of the development comprises bedrooms and bathrooms which are passive areas and therefore pose minimal impact in regard to overlooking. Nonetheless privacy screens are proposed to the first floor outer windows on the eastern elevation of Town House 4 and 5 adjoining the northern and southern boundaries to mitigate angled views that may be possible into adjoining properties. The proposal is not considered to result in adverse amenity or privacy impacts to adjoining properties.

Overshadowing Shadow diagrams have been provided for the subject development. The subject allotment is orientated east west and

as such overshadowing in some form is unavoidable. The proposal provides spatial breaks between each groupings of buildings to maximum solar access opportunities and minimise the impact of the development with respect to overshadowing. The proposal still ensures that sufficient solar access is provided to the private open space areas of adjoining properties by way of these spatial breaks in building form and increased southern boundary setbacks (greater than DCP requirements) for Town Houses 1 – 3. The property to the south currently has a carport and garage on its northern side and overshadowing won’t be too dissimilar to that caused by the existing boundary fence and tree.

Noise The site is zoned for medium density residential development and the use of the site for the proposed residential purposes

would not give rise to unreasonable noise disturbance to the area. The area most susceptible to noise by pedestrians and vehicle access is adjoined by a garage of an existing dwelling and a blank wall above.

Section 79C(a)(iv) – The Regulations

Subject to the imposition of conditions of consent, Council’s Building Surveyor has raised no objection to the proposed development regarding fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

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Section 79C(1)(e) – The Public Interest

The site is suitable for the proposed development and the proposed development is permissible with consent. The proposal meets the aims and objectives of the relevant environmental planning instruments applying to the development. The proposal will provide a significant boost to the housing supply in an area zoned for high density development. For these reasons, the proposal is in the public interest.

Section 94 Contributions

The following Section 94 contributions are applicable to the proposed development:

Contributions Plan Contribution Cultural Facilities $1,404.00 Penrith City District Open Space Facilities $13,055.00 Penrith City Local Open Space $4,719.00 Total Contributions $19,178.00

Conclusion

The proposal is in accordance with the relevant provisions of the environmental planning instruments pertaining to the land. The development is of high architectural merit and will contribute to the future character of the locality. The design responds to the considerations raised by Council.

The proposed development is unlikely to result in any unacceptable impacts on the surrounding environmental conditions and will substantially contribute to the provision of housing for Penrith, aligning with the strategic direction for the area. Where potential impacts have been identified, mitigation measures have been incorporated into the development’s design or addressed through relevant recommended conditions.

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The application is therefore recommended for approval subject to recommended conditions of consent.

RECOMMENDATION That: 1. The information contained in the report on Development Application DA17/0352 Demolition of Existing Structures & Construction of 5 x Town Houses with Basement Parking & Strata Subdivision Lot 1 DP 202002 (No. 43) College Street, Cambridge Park be received. 2. Development Application DA17/0352 Demolition of Existing Structures & Construction of 5 x Town Houses with Basement Parking & Strata Subdivision Lot 1 DP 202002 (No. 43) College Street, Cambridge Park be approved subject to the following conditions of consent:

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2.1 Standard Conditions A001 – Approved Plans A019 – Occupation Certificate A038 – Lighting system A039 – Graffiti A046 – Obtain Construction Certificate before commencement of works B001 – Demolition of existing structures B002 – AS for demolition and disposal to approved landfill site B003 – Asbestos B004 – Dust B005 – Mud / Soil B006 – Hours of work (demolition) D001 – Implement approved erosion and sediment control measures D007 – Cut and fill of land requiring Validation Certificate D009 – Covering of waste storage area D010 – Appropriate disposal of excavated or other waste E01A – BCA compliance E009 – Annual fire safety statement F006 – Water Tank & nuisance G002 – Section 73 Certificate G004 – Endeavour Energy clearance G006 – NBN connection H001 – Stamped plans and erection of site notice H002 – During construction requirements H033 – Clothes line H036 – Rainwater Tank H037 – Safe supple of water from catchment areas H038 – Connection of rainwater tank supply H039 – Rainwater tank pumps H041 – Hours of work H042 – Adaptable dwelling certification K101 – Works at no cost to Council K201 – Infrastructure bond K202 – S138 Roads Act – Works and Structures K209 – Stormwater Concept Plan K211 – Stormwater Discharge – Basement Car parks K221 – overland Flow

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K222 – Access, car parking and manoeuvring K301 – Sediment & Erosion Control K405 – Turf to verge K501 – Penrith City Council clearance for Roads Act works K502 – Works as executed K503 – Stormwater compliance K504 – Restriction as to user and positive covenant K505 – Stormwater management system operation and maintenance L001 – Landscape approved plans L002 – Landscape construction L003 – Landscape report requirements L005 – Planting of plant material L006 – Landscape AS requirements L007 – Tree protection measures L008 – Tree preservation order M008 – Linen Plan N001 – Section 94 contribution: Cultural Facilities N002 – Section 94 contribution: District Open Space N003 – Section 94 contribution: Local Open Space Q01F – Notice of commencement and appointment of PCA Q009 – Strata Certificate

2.2 Special Conditions

2.2.1 Prior to the issue of an Occupation Certificate, a user/sensor electronic security system shall be installed at the basement car park entrance/exit or alternative access control measures shall be provided. 2.2.2 Prior to the issue of an Occupation Certificate, the property owner/developer shall make provision for all required retaining walls, courtyard fencing and replacement boundary fencing. Timber retaining walls will not be permitted. All retaining walls and fencing works shall be at full cost to the property owner/developer. 2.2.3 The property owner or agent acting for the owner shall arrange for the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 4732 7615 for the commencement of waste services.

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2.2.4 The current waste infrastructure provided within the development is to be built in accordance with configurations specified in the plan titled ‘Site analysis, ground and first floor’, job no. 16037 02/08 DA, prepared by ACA Design Consultants, issue D, dated 08.09.17. On- site waste infrastructure permissible to change only in accordance with conditions stipulated by Councils Waste Service department. 2.2.5 The wall height of the screening surrounding the Bin Bay and Bulky Goods Bay to not exceed 1.4m above natural ground level. 2.2.6 The Bin Bay and Bulky Goods Bay are to provide an adequate supply of water through a centralised mixing valve and hose cock.

2.2.7 Service path leading to the Bulky Goods Bay to be 1.2m wide, concrete and remain parallel to the contours at all points with no steps or obstructions.

2.2.8 All dimensions provided on the plans titled ‘Site analysis, ground and first floor’ are internal dimensions for the construction of the Bin Bay and Bulky Goods Bay.

2.2.9 Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that appropriate fencing treatment is provided where pedestrian pathways are located adjacent to vertical drops associated with the above ground on-site detention system and access ramp for the basement carpark.

2.2.10 Prior to the issue of an Occupation Certificate, at least one (1) street trees (preferably a native species) capable of and nurtured to grow to 10m in height at maturity shall be planted in suitable locations in front of the property along College Street.

3. Those individuals who made a submission be advised of Council’s decision.

ATTACHMENTS/APPENDICES 1. ⇩ Locality Plan 1 Page Attachments Included 2. ⇩ Architectural Plans 12 Pages Attachments Included

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OUTCOME 3 - WE CAN GET AROUND THE CITY

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OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

Item Page

3 Establishment of Alcohol Free Zones and Alcohol Prohibited Areas 31

4 Tender Reference 17/18-01, Mechanical Services Upgrade 41

Ordinary Meeting 25 September 2017

3 Establishment of Alcohol Free Zones and Alcohol Prohibited Areas

Compiled by: Allison Kyriakakis, Community Safety Coordinator Authorised by: Jeni Pollard, Place Manager

Outcome We have safe, vibrant places Strategy Improve our public spaces and places Service Activity Maintain a Community Safety Plan for the City

Executive Summary Alcohol Free Zones and Alcohol Prohibited Areas are an enforcement tool to assist Police in responding to reported incidents of alcohol-related antisocial behaviour. They are one strategy used by Council to promote safe, vibrant and well-utilised public spaces across the city.

Penrith City Council has a total of 85 alcohol-free public spaces across the city. This includes 54 Alcohol Free Zones (applicable for public roads, footpaths and car parks) and 31 Alcohol Prohibited Areas (applicable for parks, reserves and public open spaces).

These locations were established as alcohol-free for the four (4) year period 1 July 2013 to 30 June 2017. This period has now expired. Advice from Police and the Penrith Community Safety Partnership supports the re-establishment of the existing locations as alcohol-free public spaces for an additional four (4) year period.

In accordance with NSW Government Ministerial Guidelines for the Establishment of Alcohol Free Zones, Council must follow the same procedures when wishing to re-establish the alcohol free public spaces for another four (4) year period. This includes consultation with local Police Officers and the advertisement of a 30 day public exhibition period via public notices in local newspapers. Council is also required to notify the Anti-Discrimination Board of the intention to re-establish Alcohol Free Zones and Alcohol Prohibited Areas.

This process has now been completed. No objections were received.

Representations were received from Penrith Local Area Command requesting an additional Alcohol Free Zone on Henry Street in the Penrith City Centre. Council also received representations from Thornton Community Group Inc. requesting that Council consider the establishment of new Alcohol Prohibited Areas in Thornton (North Penrith). In accordance with ministerial guidelines, if these locations are considered suitable, an additional public exhibition period and consultation process is required to establish the newly requested locations as alcohol-free.

This report recommends that:

1. The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Prohibited Areas be received 2. Council support the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas at each of the locations proposed for the four (4) year period from 1 November 2017 to 31 October 2021.

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3. An additional public exhibition period be advertised for the establishment of an additional Alcohol Free Zone on Henry Street, Penrith, from Lawson Street to Station Street, following a request from Penrith Police. 4. Further discussions be held with Thornton Community Group Inc. to determine the suitability of Alcohol Prohibited Areas in Thornton (North Penrith). Pending the outcome of discussions and advice from Penrith Police, these locations may be included in a public exhibition process, if determined suitable. 5. A final report be presented to Council at the conclusion of the exhibition period for the additional alcohol-free locations, with a recommendation based on the outcomes of the consultation process.

Background The establishment of both Alcohol Free Zones and Alcohol Prohibited Areas aims to assist in minimising alcohol-related antisocial behaviour at public places where there have been reported issues.

Alcohol-free public spaces are one ‘tool’ as part of broader efforts to promote safe and well- utilised public spaces for the community. Council works closely with the Police, community and other stakeholders on a broad range of strategies to address alcohol-related safety issues as they are identified.

A proposal to establish an Alcohol Free Zone or Alcohol Prohibited Area must be supported by evidence of alcohol-related antisocial behaviour. This may include Police statistics or advice, or ongoing community reporting. For example, there could be instances of malicious damage to property, littering of alcohol bottles/cans, or offensive or intimidating behaviour impacting on people’s use of the space of perceptions of safety.

Locations established as ‘alcohol free’ are clearly signposted to advise the community of the zoning and provide information to assist with community enquires. Alcohol-free signage supports local Police in their efforts to effectively respond to reports of alcohol-related issues in public spaces by enabling them to seize alcohol.

Legislative Framework

‘Alcohol Free Zones’ can be established and are enforced under Section 644 of the Local Government Act 1993. The drinking of alcohol is prohibited in an Alcohol Free Zone that has been established by a council. Public places that are public roads, footpaths or public carparks may be included in an Alcohol Free Zone.

Alcohol Free Zones are enforced by the olice. Any person observed to be drinking in an Alcohol Free Zone may have the alcohol in their possession immediately seized and tipped out or otherwise disposed of.

An Alcohol Free Zone may be established for a maximum period of four years. Once established, it applies 24 hours per day, 7 days per week.

‘Alcohol Prohibited Areas’ can be established and are enforced under Section 632A of the Local Government Act 1993 – Confiscation of alcohol in certain public and other places. A council may declare any public place (or any part of a public place) in the council’s area to be an Alcohol Prohibited Area, apart from spaces which are a public road (or part of a public road) or car park.

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Alcohol Prohibited Areas do not have a maximum timeframe they can be established for, but for consistency, Penrith City Council reviews Alcohol Prohibited Areas once every four (4) years in conjunction with Alcohol Free Zones.

Alcohol Prohibited Areas can be time-specific (i.e. to prohibit alcohol only during certain times of the day or days of the week) or can be 24 hours per day, 7 days per week. The Police powers for Alcohol Prohibited Areas are the same as those for Alcohol Free Zones.

Re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas

A total of 54 Alcohol Free Zones and 31 Alcohol Prohibited Areas have previously been established in public spaces across Penrith. These were established for a four (4) year period from 1 July 2013 to 30 June 2017 and have now expired.

Following discussions with local Police and the Penrith Community Safety Partnership, it was determined that these locations continue to be a valuable tool to assist police efforts in responding to alcohol-related antisocial behaviour in these spaces. It was therefore resolved to advertise a consultation and public exhibition period to have the existing locations be re- established as alcohol-free.

The complete list of Alcohol Free Zones and Alcohol Prohibited Areas proposed for re- establishment is attached (refer Appendix 1).

Under current legislation, the procedures for establishing Alcohol Free Zones and Alcohol Prohibited Areas are as follows: 1. Advertising of the proposed locations and inviting community comment from the public; 2. Advising holder of liquor licences adjacent to the intended Alcohol Free Zones/Alcohol Prohibited Areas; 3. Advising and obtaining approval from the relevant Local Police Commanders; 4. Advising the Anti-Discrimination Board of the intention to establish the zones/areas; 5. Consideration of any representations made in respect of the proposal.

In accordance with the above mentioned procedures, Council has written to both Penrith and St Marys Local Area Commanders and relevant stakeholders to seek input on the proposal to re-establish Alcohol Free Zones and Alcohol Prohibited Areas at each of the existing locations.

A public notice was also advertised in the Western Weekender on 7 July 2017 inviting community comment on the proposal, allowing a 30-day timeframe for submissions. This process has now been completed.

Outcome of public exhibition and consultation process

No objections were received from the community in response to the proposal to re-establish Alcohol Free Zones and Alcohol Prohibited Areas at each location.

Local police from Penrith and St Marys Local Area Commands continue to support the establishment of existing alcohol-free public spaces to assist in minimising opportunities for alcohol-related antisocial behaviour to occur.

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Representations were also received from Penrith Local Area Command requesting the establishment of an additional Alcohol Free Zone on Henry Street between Lawson Street and Station Street, Penrith. Whilst adjacent areas have previously been established as alcohol-free, the inclusion of this location as a designated Alcohol Free Zone would help to provide consistency in enforcement for this area of the Penrith City Centre.

Representations were also received from Thornton Community Group Inc. for Council to consider the establishment of Alcohol Prohibited Areas at a number of locations in Thornton (North Penrith). This included: - North Penrith Station Plaza Area – between the Railway Station steps and Lord Sheffield Circuit; - Thornton Park – corner of Mountain View Crescent and Empire Circuit; - Thornton Playground – Aviator’s Way; - Thornton Green (Oval) – Lord Sheffield Circuit; - Thornton Community Centre – corner of Lord Sheffield Circuit and Aviator’s Way; - Thornton Canal (the Water’s Edge) - Thornton Drive; - Thornton Common/Wetlands Area – Thornton Drive and Combewood Avenue.

In accordance with NSW Government Ministerial Guidelines, Council must only establish Alcohol Free Zones and Alcohol Prohibited Areas in public places where there is local crime data or other evidence to indicate that alcohol-related issues or antisocial behaviour are a concern. Council is also required to seek and obtain approval from local Police.

Council’s Community Safety team will therefore be meeting with Thornton Community Group Inc. to further discuss this request. A request has also been made to Penrith Police to provide any data that may support the establishment of Alcohol Prohibited Areas at the specified locations. It is also noted that some of the above locations are not yet under the care and control of Council, and as such cannot be considered for suitability as Alcohol Prohibited Areas at this time.

With consideration to the representations received, it is proposed to progress with re- establishing the existing Alcohol Free Zones and Alcohol Prohibited Areas (as outlined in Appendix 1) for an additional four (4) year period from 1 November 2017 to 31 October 2021.

In accordance with Ministerial Guidelines, the Penrith Police request for an additional Alcohol Free Zone on Henry Street is supported by data and it would provide consistent coverage for this area of the Penrith city centre. In accordance with Ministerial Guidelines, this new location will be the subject of further consultation and a public exhibition period, with a report presented to Council at a later date.

The Community Safety team are eager to work with the Thornton Community Group to proactively address opportunities to improve perceptions of safety and improved amenity in this community. This approach was agreed at the September Community Safety Partnership meeting. Should further discussions with Thornton Community Group Inc. raise data regarding the suitability of Alcohol Prohibited Areas, these locations may also be included in the additional exhibition period and a further report to Council.

Conclusion

Alcohol Free Zones and Alcohol Prohibited Areas are a public awareness and enforcement tool to assist the police in responding to alcohol-related antisocial behaviour in public places with reported issues. They are one part of a broader range of community safety strategies designed to encourage safer public spaces across the city.

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Local police continue to support the establishment of Alcohol Free Zones and Alcohol Prohibited Areas in identified locations across the city, as proposed.

All legislative requirements in relation to the advertising of the proposed alcohol-free public spaces have been met, and no objections have been received in response.

It is proposed that Council support the establishment of the abovementioned Alcohol Free Zones and Alcohol Prohibited Areas for the four (4) year period 1 November 2017 to 31 October 2021.

Following the request from Penrith Police for an additional Alcohol Free Zone on Henry Street, Penrith, an additional public exhibition period will advertised for this location in the coming months, in accordance with ministerial guidelines. An additional report will be provided to Council at the conclusion of the exhibition period, with a recommendation based on the outcomes of the consultation process.

Pending the outcome of further discussions with Thornton Community Group Inc. regarding the suitability of Alcohol Prohibited Areas in Thornton (North Penrith), some of these locations may also be included in the additional exhibition period.

RECOMMENDATION That: 1. The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Prohibited Areas be received 2. Council support the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas at each of the locations proposed for the four (4) year period from 1 November 2017 to 31 October 2021. 3. An additional public exhibition period be advertised for the establishment of an additional Alcohol Free Zone on Henry Street, Penrith, from Lawson Street to Station Street, following a request from Penrith Police. 4. Further discussions be held with Thornton Community Group Inc. to determine the suitability of Alcohol Prohibited Areas in Thornton (North Penrith). Pending the outcome of discussions and advice from Penrith Police, these locations may be included in a public exhibition process, if determined suitable. 5. A final report be presented to Council at the conclusion of the additional exhibition period (for the additional Penrith and Thornton alcohol-free locations), with a recommendation based on the outcomes of the consultation process.

ATTACHMENTS/APPENDICES 1. List of proposed Alcohol Free Zones and Alcohol Prohibited Areas 5 Pages Appendix ⇩

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Ordinary Meeting 25 September 2017 Appendix 1 - List of proposed Alcohol Free Zones and Alcohol Prohibited Areas

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Ordinary Meeting 25 September 2017 Appendix 1 - List of proposed Alcohol Free Zones and Alcohol Prohibited Areas

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Ordinary Meeting 25 September 2017 Appendix 1 - List of proposed Alcohol Free Zones and Alcohol Prohibited Areas

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Ordinary Meeting 25 September 2017 Appendix 1 - List of proposed Alcohol Free Zones and Alcohol Prohibited Areas

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Ordinary Meeting 25 September 2017 Appendix 1 - List of proposed Alcohol Free Zones and Alcohol Prohibited Areas

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Ordinary Meeting 25 September 2017

4 Tender Reference 17/18-01, Mechanical Services Upgrade

Compiled by: Joshua Martin-Lewis, Asset Co-ordinator Laura Stott, Supply Officer - Contracts Graham Howe, Building Projects Co-ordinator Authorised by: Hans Meijer, City Assets Manager

Outcome We have safe, vibrant places Strategy Improve our public spaces and places Service Activity Implement the Building Asset Renewal Program

Executive Summary A tender for Mechanical Service Contractors to upgrade and replace the Air Conditioning at Penrith Regional Gallery at 86 River Road, Emu Plains for a lump sum price with a 12 month maintenance and defect liability period was advertised on 12 July 2017 in the Western Weekender and 18 July 2017 in the Sydney Morning Herald and closed on 9 August 2017. This report advises Council of the outcome of the tender process and recommends that the tender from Hirotec Maintenance NSW Pty Ltd be awarded the contract for the sum of $523,379 (ex GST).

Background Council was successful in securing a grant for the air conditioning replacement and upgrade at Penrith Regional Gallery through the Australian Government Department of Infrastructure and Regional Development, under the Community Development Grants Programme CDG669. Under this grant Council was successful in securing $380,000 of funding, with an additional $200,000 allocated within Council’s adopted 2017/18 Building Asset Renewal Program to complete the project.

The specification and plans were designed by a mechanical consultant Engineered Environments Pty Limited. The tender is to replace all the existing air conditioning plant throughout all the buildings, with new green technologies being geothermal ground loop heat pump units, offering reduced operational and maintenance costs, along with reduced noise levels. As the Main Gallery and Lewers House operate 24/7 this will provide a significant improvement for the residential neighbours which has been a concern in the past regarding potential noise.

The new systems will utilise thirteen 90m deep wells to exchange the heat from the refrigeration cycle into the ground to dissipate, as the site is located beside a river with an underground water table, the ground loop will gain additional heat dissipation properties and provide better overall performance, resulting in greater energy savings.

The project includes the replacement of the Critical Room Air Conditioning Unit (CRAC) in the picture store, with a new remote condenser unit. The new air cooled condensers will be located on the roof behind acoustic screens to significantly reduce the noise output.

The new air conditioning system is designed to be connected to a Building Management System (BMS), the same BMS as Council is rolling out across all major buildings. This will allow for remote access of the BMS through a cloud based server so it can be managed and checked remotely off site. The BMS is to be full BacNet open protocol, which will allow for

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competitive pricing for the maintenance and allow open marketplace pricing for replacement / servicing.

The new air conditioning unit to Lewers House will include humidification so that the space can be conditioned to Museum standards, hence increasing the display floor space of the gallery.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Graham Howe- Building Projects Coordinator, Joshua Martin- Building Projects Coordinator and was chaired by Hans Meijer- City Assets Manager.

The evaluation criteria advertised and used in assessing the tenders received included the following:

• Demonstrated Ability • Works Method and Program • Financials • Employment Policies • Quality Assurance Systems • Environmental Management Systems • Work Health and Safety

Evaluation process

The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of services specified;

2. Assessment of costs based on the lump sum pricing tendered and the capacity of the company to perform the services;

3. Determination of a short-list based on the best rankings from 1 and 2 above;

4. Further evaluation of the short-listed companies through:

• Independent Financial Risk Analysis

• Independent Referee Checks

Summary of Tenders Received

A total of 6 submissions were received in response to the advertised tender. All tenders as listed in alphabetical order were included in the initial evaluation:

$ Lump Sum Owners/Sharehold Provider Address Price (ex ers Directors GST) A.G. Coombes NSW U16/4 Avenue of the Russell Telford – $735,000.00 Pty Ltd Americas Newington NSW Managing Director

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2127 Castlereagh Group Level 4, 95 Pitt St Sydney Bruce Maples - $583,900.00 Industries NSW 2000 Director David Tunstall – $707,017.00 Katopa Holdings Pty U14/148, James Ruse Drive Managing Director Ltd T/A CBD Rosehill NSW 2142 Robert Galvin – Mechanical Electrical Director Paul Sicari - $523,379.00 15/4 Avenue of the Hirotec Maintenance Director Americas Newington NSW NSW Pty Ltd 2127 Mark Sicari - Director J&J Metro West Pty 229 Victoria Road John Megalli – $737,000.00 Ltd Rydalmere NSW 2116 Managing Director Fazle Mannan – $799,427.00 Director U224/ 14-16 Lexington Total Energy KK Ralhan – Drive, Norwest Business Solutions Pty Ltd Director Park Bella Vista NSW 2153 Jayashiree Ralhan - Director

Evaluation of Tenders

All tenders were assessed using Apet360 software to provide a ranking for conformance with the evaluation criteria. The following tenderers did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, quality assurance, employment policies, environmental management systems and therefore were not able to be assessed further: • A.G. Coombes NSW Pty Ltd • Castlereagh Group Industries • Katopa Holdings Pty Ltd T/A CBD Mechanical Electrical • Total Energy Solutions Pty Ltd

The tenderers that met the minimum requirements set by the tender evaluation committee were then further assessed based on the Tenderers’ price schedules to determine the best value for money solution with competency in technical aspects of the Tender.

Out of all the tender responses Hirotec Maintenance NSW Pty Ltd provided the most advantageous price to Council, and was the highest ranking tenderer in the overall evaluation criteria.

Evaluation of Preferred Tenderer The company recommended within this report was selected based on their high level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive lump sum price and independent financial / risk assessment advice.

Hirotec Maintenance NSW Pty Ltd is the NSW maintenance branch of Hirotec, an Australia wide company that starting in 1972 in Sydney and now employs over 200 people across Australia. Hirotec offers an array of services including mechanical, electrical, fire and energy, to provide building owners and operators a total solution for all their mechanical requirements. Hirotec are the current encumbered major mechanical servicing contractor for Penrith City Council, and have worked with Penrith Council for the last 5 years without any non conformance reports or other related issues.

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Hirotec Maintenance NSW Pty Ltd were considered by the Tender Evaluation Committee to be the number one company to undertake the mechanical services upgrade at Penrith Regional Gallery based on their: 1. Demonstrated ability 2. Project plan and timeline 3. Understanding of the work to be completed 4. Competitive pricing 5. Ability to meet all the requirements set out in the tender documents

Hirotec Maintenance NSW Pty Ltd overall had the most advantageous price for the work, complete and accurate price schedules, and demonstrated ability to meet the requirements of Council.

Acting Financial Services Manager’s Comment Included in the assessment of the tender was the commissioning of an independent reference check, financial analysis and performance analysis. This check was completed by Corporate Scorecard Pty Ltd and has been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Hirotec Maintenance NSW Pty Ltd to perform the works described.

Federal Government funding of $380,000 has been allocated through the Community Development Grant Programme which was adopted at the 28 November 2016 Ordinary Meeting. In addition a further $200,000 has been allocated through the Building Asset Renewal program. The tendered price is within the available budget.

Tender Assessment Group (TAG)

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Acting Financial Services Manager, David McIllhatton, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for Mechanical Services Upgrade. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendation.

Conclusion Based on the detailed evaluation, analysis of staffing and sub-contractors, demonstrated ability to undertake the work including relevant past and current experience, price submitted, and financial analysis and referee checks, the Tender Evaluation Committee recommends that Hirotec Maintenance NSW Pty Ltd be accepted to complete the work as set out in the tender.

RECOMMENDATION That: 1. The information contained in the report on Tender Reference 17/18-01, Mechanical Services Upgrade be received 2. An AS4000 contract be awarded to Hirotec Maintenance NSW Pty Ltd for the specified services in accordance with the terms and conditions of the tender for the sum of $523,379 (ex GST).

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ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

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OUTCOME 6 - WE ARE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT

Item Page

5 Emu Plains Tennis Court S377 Committee 51

6 The Community Assistance Program Planned Component 2017-18 53

7 Western Sydney Academy of Sport - Board Director 64

8 Request for Penrith Panthers Premier League Netball Sponsorship 66

Ordinary Meeting 25 September 2017

5 Emu Plains Tennis Court S377 Committee

Compiled by: Andrew Robinson, Facilities Manager Authorised by: Brian Steffen, Executive Manager - City Assets

Outcome We are healthy and share strong community spirit Strategy Provide opportunities for our community to be healthy and active Service Activity Manage sport and recreation facilities, programs and services

Executive Summary Council owns two synthetic tennis courts at Dukes Oval, Park Street, Emu Plains which have been operated by a s377 Committee of Council, the Emu Plains Tennis Court Committee.

Emu Plains Tennis Courts Committee was originally established to provide quality service provision to the Emu Plains community through the ongoing management of the tennis courts. The Committee has been responsible for all bookings, maintenance and asset renewal at the facility.

Over time, the Committee’s membership has declined. This report therefore recommends that the s377 Emu Plains Tennis Court Committee be dissolved, Council manages all operations of the facility, and any remaining committee funds be returned to the Recreation Reserve. It also recommends that a letter of thank you is provided by the Mayor to the Committee members for the services that they have provided.

Background The Emu Plains Tennis Courts complex, consisting of two synthetic tennis courts, is located within Dukes Oval, Park Street, Emu Plains The reserve consists of an oval (used by cricket and AFL), amenities building (in which tennis users can access a kitchenette), play facility and associated pathways.

The tennis courts have been operated by a s377 Committee of Council with dedicated volunteers maintaining the facility, and administering bookings. The Booking Officer volunteered her time to receive and return call bookings, collect money for bookings, unlock the courts for users ‘on demand’ and adjust light timers for evening bookings. The Booking Officer has subsequently relocated from the Penrith area, leaving the Committee with one remaining member.

Current Situation

The relocation of the Booking Officer has left one remaining Committee Member. Council has therefore been supporting the management of the facility through providing maintenance and asset renewal which has been able to be accommodated within existing resources. In addition, Council Officers have installed an online booking and automated access system allowing bookings, and access to the courts, at any time. This system also creates the opportunity for simultaneous access, with casual ‘turn up and play’ users attending the courts able to make a booking using a mobile phone gaining access to the courts and, lighting if required.

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Ordinary Meeting 25 September 2017

With Council undertaking maintenance and asset renewal at the facility, and the introduction of the online booking system, there has been limited need for a s377 Committee to operate the tennis courts at Emu Plains on Council’s behalf.

Discussions have taken place with the remaining Committee member who has agreed that the Committee should be dissolved. The Committee member has subsequently returned all records, books, and property to Council.

Financial Considerations At present the funds that are collected on behalf of the Emu Plains Tennis Court Committee sit in a separate bank account with the Commonwealth Bank. These funds assist in the ongoing maintenance and repairs including the associated costs of providing an online booking system. As part of dissolving the committee Council would need to close this account and transfer the funds currently (at the time of writing this report) in the account of $19,813 to Penrith City Council’s general bank account. This amount of $19,813 would be allocated to Council’s Recreation Reserve to assist in the future maintenance and repair needs of the tennis courts including the associated costs of the online booking system.

Conclusion The Emu Plains Tennis Court s377 Committee has provided a valuable service to the community over a number of years providing a well maintained facility and access to the courts to meet user needs. The arrangements that are now in place will ensure that the level of service which has been provided is maintained into the future and allow the s377 Committee to be dissolved.

RECOMMENDATION That: 1. The information contained in the report on Emu Plains Tennis Court S377 Committee be received 2. The Emu Plains Tennis Court s377 Committee be dissolved. 3. Any remaining Emu Plains Tennis Court s377 Committee funds be transferred to Council’s Recreation Reserve. 4. A thank you letter from the Mayor be provided to Emu Plains Tennis Court s377 Committee members in recognition of their services provided.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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6 The Community Assistance Program Planned Component 2017-18

Compiled by: Casey Holtom, Community Projects Officer - Social Sustainability Authorised by: Erich Weller, Community and Cultural Development Manager

Outcome We are healthy and share strong community spirit Strategy Provide opportunities for our community to be healthy and active Service Activity Resource and implement social programs that contribute to community wellbeing

Executive Summary This report informs Council of the applications received in the 2017/18 Planned Component of the Community Assistance Program (CAP).

Council has an annual Community Assistance Program through which small grants are allocated to non-profit organisations and community groups to meet local community needs. This Program enables many organisations and groups across the City to deliver activities, programs and events that build community capacity and contribute to the wellbeing of our communities. The maximum grant available under the program is $1,200. The available budget is $30,000.

Eligible applications have been given a ranking of high, medium or low.

A total of 48 applications requesting a total of $52,371 were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. Of these, 31 have been recommended with a high ranking for either full or part funding as outlined in Table 2 of this report. The total amount recommended for the 31 applications with a high ranking is $30,218. It is proposed that the shortfall of $218 be taken from the rolling component of the Community Assistance Program.

Of the remaining 17 applications, 5 applications still met the assessment criteria and have been assigned a medium ranking. These 5 applications total an amount of $3,100 for either full or part funding. A rationale against the assessment criteria for the 5 medium ranking and 12 low ranking applications is provided at Attachment 1 and 2.

The report recommends that Council receive the information contained in the report on the Community Assistance Program Planned Component 2017/18. The report also recommends that Council approve funding the highly ranked applications and amounts totalling $30,218 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $218 allocated from the Rolling Component of the 2017/18 Community Assistance Program.

Background The Community Assistance Program is in its twenty-third year of providing local community organisations and groups the opportunity to apply for small grants to support their service delivery to residents of the City. In many cases the requests for funding enable local groups to extend and add value to core activities. A number of the groups that apply are made up of volunteers and receive no other government funding. Some groups would also not be able to access small grant funding from any other source.

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There are two components of the Community Assistance Program. These are the Planned Component and the Rolling Component.

The Planned Component of the program is undertaken once a year. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of Community Assistance Program funds ($30,000) are allocated under the Planned Component.

Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program.

All Planned and Rolling Component applications are assessed against the eligibility and assessment criteria as outlined in the Community Assistance Program Policy adopted by Council on 24 September 2007.

Eligibility and Assessment Criteria There are three eligibility criteria for applications under the Community Assistance Program. All projects must satisfy these criteria to be eligible for funding:

• Community based non-profit organisations providing one off activities • Direct benefit to, and participation by, Penrith City residents • Project and project management in line with Council’s Access and Equity Principles.

Fundraising programs or organisations whose main role is to fundraise are not eligible. Any organisation or group that received funding in the 2016/17 financial year were required to submit to Council a short evaluation form that included project outcomes.

All CAP applications are assessed for priority against the assessment criteria adopted by Council as part of the CAP Policy. Recommendations for funding are made according to the assessment criteria listed below:

• Whether the applicant for the community assistance receives significant Government funding, and whether the application is seen as a core responsibility of a Government funded program; • The size of the organisation or group, and its capacity to access alternative resources; • The possibility of access to other sources of funding for the request; • The willingness of the applicant to work collaboratively with residents and other community groups; • The level of participation and direct benefit for residents of Penrith LGA; • Whether the proposal addresses the priority needs and issues of Penrith LGA residents, as identified through social planning processes; • Whether the proposal is realistic; • The cost effectiveness of the proposal; • The beneficiaries of the project, ensuring that funds are distributed to diverse groups right across the Penrith LGA.

The panel for assessing CAP applications comprised:

• Erich Weller, Community and Cultural Development Manager

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• Melissa McSeveny, Social Planning Coordinator • Casey Holtom, Community Projects Officer – Social Sustainability

2017/2018 Planned Component Timeframe

The 2017/18 Community Assistance Program Planned Component funding round opened for four weeks commencing on 24 July and closing on 21 August. The funding round was advertised in the Western Weekender, on Council’s website homepage and was also promoted through a range of local community interagencies and networks.

Community Assistance Program applicants were required to complete an application form, identifying their project objectives, population target groups, budget and benefits to the local community. Community groups were given the option of utilising an online application facility to apply for Community Assistance Program funding.

Planned Component Funding History

Council has received 48 applications requesting a total of $52,371 for Community Assistance Program funding in the 2017/18 Planned Component. The number of requests for funding is consistently high and amounts requested significantly exceed the available budget which is $30,000.

Table 1 below presents the funding history of the Planned Component compared to previous financial years.

Table 1 – Funding History

Applications Funding Funding Applications Received Requests Available Recommended

2016/17 63 $70,312 $30,153 33

2015/16 67 $73,265 $30,000 35 +$9,990 Voted Works 13

2014/15 69 $77,130 $30,000 37 +$9,000 Voted Works 10

2013/14 51 $54,714 $30,000 34

2012/13 56 $55,236 $30,000 37

Applications Highly Recommended for Funding

Of the 48 applications received, 31 have been recommended with a high ranking for funding of either all of the requested amount, or an adjusted amount in light of the merit of the project. Where there is a recommendation for part funding, the amount recommended was based on the applicant’s own budget provided and the response they provided to the question on the application form; “If you only got part of the funding you have asked for, would you still be able to go ahead with your project? Which part of the project could change?”.

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The total amount recommended for the 31 projects with a high ranking is $30,218. Table 2 below is a summary of all projects with a high ranking that are recommended for funding.

Table 2 – Highly recommended for funding List Amount Amount Reques Recom No Group Project Title Project Description Area ted mended 1 Adele House Stronger To purchase sports Penrith Everyday equipment for men in drug LGA and alcohol rehabilitation $540 $540 program, who are homeless or at risk of homelessness 2 Association ABA Nepali To keep Nepali language Penrith, of Bhutanese speaking classes running whilst Kingswood, in Australia project applying to NSW Ethnic Werrington $1,200 $500 (ABA), Schools for ongoing Sydney funding 3 Caring Quilts For To purchase quilting Penrith Hearts Comfort supplies and equipment, as LGA Community well promotional materials, $820 $700 Quilters for seniors group making hand-made quilts for community 4 Community North St To purchase laptop and Penrith Junction Marys binding machine to allow LGA Creative publishing of annual $1,015 $1,015 Writing anthology of creative Group writing 5 Community Digital To purchase two iPad mini Penrith Junction Inc Jumpstart notebooks, for use in 6 LGA Workshops weeks of free digital $1,095 $1,095 workshops. Workshops will include one-on-one support and can use own device. 6 Community Team To contribute to catering, Penrith Junction Inc Colyton face painting, jumping LGA castle and resources for $1,170 $700 women's health awareness event 7 Community Erskine Park To purchase equipment for Erskine Junction Inc. Brekkie weekly free breakfast for Park Engagement Erskine Park high students $1,175 $1,175 Project 8 Community Fashion To run workshops and Werrington Junction Inc. Project: Mini facilitate a youth committee and Penrith Comicon to run a Comicon LGA $1,200 $1,200 Event fashion/youth culture event 9 Community Building To purchase BBQ and St Clair of Holy Spirit Community equipment to help support Erskine Parish St. Strength by diverse community groups Park $975 $975 Clair BBQ of St Clair 10 Cricket NSW Mosaic To contribute to program Jordan Cricket costs to support more Springs & diverse participation in 8 Thornton $1,200 $1,200 week cricket program

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Amount Amount Reques Recom No Group Project Title Project Description Area ted mended 11 Empowerabil Castlereagh To purchase equipment for Penrith ity Inc House a new program located in LGA Castlereagh to meet demand in the Penrith area, $751 $751 for young adults with a disability to learn job skills and make social connections 12 Enosis Enosis To provide a Christmas Penrith and Seniors Christmas event for socially isolated St Marys Greek Group Party older people $1,200 $900

13 Glenmore New To purchase a storage Penrith Park Mother's cupboard and resources for LGA Anglican Community a new group for first time $500 $319 Church (Joey Equipment mums. Jivers) 14 Kingswood Kingswood To run a moonlight cinema Kingswood Park Public Park event for community, and Park School Moonlight access local services $1,200 $1,200 Parent and Cinema Citizen Association 15 LifeStart New To purchase equipment for St Marys Open Play equipment inclusive playtime and and supplies social activity for children $1,194 $1,194 with a disability and their families 16 Luke Priddis Luke Priddis To contribute to Penrith Foundation Foundation entertainment, catering, LGA and Christmas venue hire and gifts for Western party Christmas event for Sydney $1,200 $900 children with ASD and their families, to be held at PCYC 17 Nepean Early To purchase children's play Penrith Community Childhood blocks and other equipment LGA & Construction for resource pool for three $1,200 $1,200 Neighbourho Resource supported playgroups and od Services Pool community events 18 Nepean Tenant To contribute to equipment Cranebrook Community Engagement hire and children's play & Project activity for Christmas event Neighbourho Cranebrook for disadvantaged $1,200 $1,200 od Services Summer Fun community Christmas Party 19 Nepean Reclaim the To contribute to catering, Penrith Domestic Night Penrith entertainment and LGA Violence 2017 promotion for domestic $1,100 $1,100 Network violence awareness event 20 Nepean Let’s Talk To contribute to catering, Penrith Men’s Shed About Men’s entertainment, promotion LGA Health and health checks for $1,200 $1,200 men's mental health event

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Amount Amount Reques Recom No Group Project Title Project Description Area ted mended 21 Nordoff Recording To purchase recording Penrith Robbins equipment equipment for music LGA Music for music therapy sessions $1,200 $527 Therapy therapy 22 #NorthStMar North St To contribute to equipment North St ysMatters Marys hire, face painting, jumping Marys, Residents Celebrates castle and promotion for surrounding $1,200 $1,200 Group - Christmas Christmas event run by areas North St resident group Marys 23 Penrith Hat Project - To contribute to Penrith Performing & consultation consultation, transport and LGA Visual Arts and design catering costs for $1,200 $1,200 collaborative art project with Aboriginal community 24 Queen of Office To purchase printer and Penrith Hearts equipment other equipment to provide LGA Community resources to clients who $1,198 $1,198 Foundation have experienced violence 25 Riding for the RDA Nepean To contribute to stage hire Penrith Disabled Family Fun for open day event to raise LGA and Association Day awareness and showcase Western $1,200 $1,000 NSW Penrith LGA and Western Sydney Nepean Sydney emergency Centre services 26 St Marys Peace Of To contribute to equipment Penrith Interagency Mind hire, catering and LGA entertainment for a fun event connecting the $1,200 $850 community with mental health and community services 27 Sunnyfield Program To purchase art supplies Orchard items for for weekly arts program for Hills Disability clients with intellectual $1,179 $1,179 Hub disabilities 28 Swagatam Indian To contribute to decoration, Penrith Inc Subcontinent promotion and co- LGA Durga Puja ordination of cultural Cultural celebration, with a focus on $1,200 $800 Festival 2017 inclusion, diversity and improved understanding

29 Thornton Community To build and decorate Local Community Street Library children's and adult's mini community Group Inc pop-up community libraries, in Penrith in partnership with Nepean $1,200 $1,000 Men's Shed, with a focus on linguistic diversity and building social connections 30 WestCare WestCare To purchase a laptop to Penrith Community Mobile Cloud improve reach of WestCare LGA Services Inc Service services and give access to $1,000 $1,000 online processing of Energy Accounts Payments

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Amount Amount Reques Recom No Group Project Title Project Description Area ted mended Assistance Scheme payments

31 Zimwarriors Zimpride – To contribute to venue and Penrith Inc African equipment hire and LGA community promotion for a Zimbabwean cultural $1,200 $1,200 celebration and soccer challenge to be held at Jamison Park

Ranking of Applications Of the 48 applications received 31 were given a high ranking and these are summarised in Table 2 above. There are 17 applications seeking a total of $18,259 that have been allocated a medium or low ranking through the 2017/18 Community Assistance Program Planned Component.

Of these 17 applications, there are 5 that met the assessment criteria and have been allocated a medium ranking. These 5 medium ranked applications total an amount of $3,100 for either full or part funding, and are listed in Attachment 1 to this report.

Of the remaining applications, 12 did not sufficiently meet the assessment criteria and have been allocated a low ranking. These are listed in Attachment 2.

Summary Council has received 48 applications, requesting a total of $52,371 for Community Assistance Program funding in the 2017/18 Planned Component. The available budget for the CAP Planned Component is $30,000. After careful consideration against the identified criteria, 31 projects totalling $30,218 have been ranked highly and are recommended for funding. It is proposed to take the additional $218 from the available rolling component budget of the Community Assistance Program. An additional 5 projects totalling $3,100 have been given a medium ranking.

The high ranking projects that are recommended for funding cover a range of target groups and suburbs across the city, address many different social and related needs, and include a number of city-wide initiatives. A Mayoral Certificate Presentation to all successful recipients is planned to be held on 16 October 2017.

RECOMMENDATION That: 1. The information contained in the report on The Community Assistance Program Planned Component 2017-18 be received. 2. Council approve funding the highly ranked applications and amounts totalling $30,218 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $218 allocated from the Rolling Component of the 2017/2018 Community Assistance Program.

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ATTACHMENTS/APPENDICES 1. Community Assistance Program 2017-18 Planned Component - 1 Page Appendix ⇩ Medium Ranked Applications

2. Community Assistance Program 2017-18 Planned Component - 2 Appendix ⇩ Low Ranked Applications Pages

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Ordinary Meeting 25 September 2017 Appendix 2 - Community Assistance Program 2017-18 Planned Component - Low Ranked Applications

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Ordinary Meeting 25 September 2017 Appendix 2 - Community Assistance Program 2017-18 Planned Component - Low Ranked Applications

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7 Western Sydney Academy of Sport - Board Director

Compiled by: Andrew Robinson, Facilities Manager Authorised by: Brian Steffen, Executive Manager - City Assets

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

Executive Summary At Council’s Ordinary Meeting, on 27 February 2017, it was resolved that:

‘Councillor Bernard Bratusa be nominated for the position of Local Government Director on the Western Sydney Academy of Sport Board for appointment until August and for reappointment at future Academy AGM’s for the course of Council’s term.’

Councillor Bratusa was subsequently appointed to the Academy’s Board and has been an extremely keen advocate for the work of the Western Sydney Academy of Sport. He has also ensured that, through his Board representation, that Penrith Council has maintained a strong presence in the Academy’s operations.

The Academy Board meets bi-monthly on a Monday night. Requests have been made to consider an alternate night for Board meetings but this cannot be accommodated. Due to Council commitments on a Monday, Council Bratusa has therefore written to the Board advising of his resignation. The report recommends that Council note Councillor Bratusa’s resignation from the Board and that Andrew Robinson, Facilities Manager, be proposed as Council’s nomination to replace Councillor Bratusa.

Background

The Academy was incorporated in June 2004 as an independent, not-for-profit community based organisation and is one of 11 Regional Academies of Sport located throughout New South Wales.

The Academy’s Charter is to provide quality development programs for talented young athletes in the Western Sydney Region across a wide range of sporting disciplines, in collaboration with the State Sporting Associations for each sport. The programs bring together technical and skill development resources, educational providers and personal development activities which are delivered at some of the region’s best sports venues.

Penrith City Council provides an annual contribution to the Academy to assist its operations.

Current Situation

The Academy’s operations are governed by a Board of Directors who represent a range of stakeholders including the NSW Government, Local Government, and the business and sporting community.

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The Academy’s constitution provides for three Local Government representatives to be appointed to the Academy Board of Directors (voluntary basis) on an annual cycle. At its Ordinary Meeting on 27 February 2017, it was resolved that:

Board meetings are held bi-monthly, on a Monday night, at the Rydges Hotel in Parramatta. This schedule, which is not able to be changed, unfortunately conflicts with the program of Council Meetings, Policy Review Meetings and Briefings. Councillor Bratusa has therefore written to the Board, offering his resignation, outlining that his commitment to Council and serving the Penrith community are his first priority.

Councillor Bratusa’s commitment to supporting the work of and advocating for the Western Sydney Academy has been clearly evident as both a Board Director and a Councillor. While resigning from the Director role will result in not being a member of the Board, Councillor Bratusa’s association with the Academy will continue as he is also Council’s endorsed Councillor representative on the Academy’s Sports Advisory Forum. This Forum meets quarterly on a Thursday and consists of Councillors and Officers from member Councils.

Conclusion

Councillor Bratusa’s representation on the Academy Board and the Advisory Forum has strengthened and extended the valuable relationship which already exists between the Academy and Council. It has also provided further opportunity to represent the interests of Penrith’s sporting community in the region.

Given Councillor Bratusa’s resignation from the Board, it is proposed that Council’s presence is maintained on the Board to continue the growth of the relationship with the Western Sydney Academy of Sport. The existing meeting schedule will prevent Councillor representation at this time, it is therefore proposed that Council’s nomination for the position of Local Government Director on the Western Sydney Academy of Sport Board is Council’s Facilities Manager whose role includes working in partnership with sporting entities such as the Academy.

RECOMMENDATION That: 1. The information contained in the report on Western Sydney Academy of Sport - Board Director be received 2. Council nominate Council’s Facilities Manager, Andrew Robinson for the position of Local Government Director on the Western Sydney Academy of Sport Board.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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8 Request for Penrith Panthers Premier League Netball Sponsorship

Compiled by: Andrew Robinson, Facilities Manager Authorised by: Brian Steffen, Executive Manager - City Assets

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

Executive Summary Established in 2015, Panthers Netball is a franchise participating in the Netball NSW Samsung Premier League. The franchise is an amalgamation of three Western Sydney Netball associations – Penrith District Netball Association, Hawkesbury District Netball Association and Blue Mountains Netball Association. Its purpose is to offer a local, elite platform for netball players, coaches, officials and administrators in these areas.

Council has provided an amount of $15,000 to support the operations of Panthers Netball over the last two seasons. A third request has been received for $15,000 from Council for the 2018 season. There are no identified resources from within existing budgets to support this request and the report recommends that the information provided in the report be received.

Background In 2012, Netball NSW proactively commenced an extensive review of its high performance programs, with the inclusion an elite competition in its development pathway seen as a priority in the organisation’s vision of producing State and Australian representatives.

Unveiled by Netball NSW in July 2015, the Netball NSW Premier League (NNSWPL) is a competition which attracts the best current and emerging talent within NSW. It offers a local, elite platform for players, coaches, officials and administrators, and provides bridging opportunities in to the Australian Netball League (ANL) and subsequently, Suncorp Super Netball.

Through a robust application process, overseen by the NNSWPL Commission, eight successful Franchises were granted an initial two-year NNSWPL Licence, these were: Panthers; GWS Fury; ERNA Hawks; Manly Warringah Sapphires; North Shore Utd; Sutherland Stingrays; UTS St George Sparks.

The NNSWPL is contested across two Divisions – Opens and Under 20s. All games in the NNSWPL are played at Netball Central, the world’s leading purpose built netball facility at Sydney Olympic Park.

Financially, Panthers Netball has advised that the operating cost of being in the NNSWPL is $120,000. Each Netball Association involved with the franchise therefore makes an annual financial contribution to assist its operations, these being; Penrith District Netball Association $10,000; Hawkesbury Netball Association $5,000; Blue Mountains Netball Association $5,000. In addition, sponsorship has been provided in the last two seasons by Panthers Leagues Club and Western Sydney University, while Council has provided a $15,000 contribution.

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In 2015-2016 Council’s contribution was allocated from Councillor’s Voted Works and, in 2016-2017, the amount was allocated from the Financial Management Reserve.

The donation has been recognised by Panthers Netball through Penrith City Council being allocated uniform sponsor rights, receiving coverage in promotional collateral, and inclusion in media events.

Current Situation

Panthers Netball has recently been informed that it will be awarded a further 5 year contract to participate in the NNSWPL from 2018 onwards. Netball NSW have requested that Panthers Netball sign an agreement for its continuing involvement in the Premier League competition by 30 September 2017. The cost of operating in the league is $120,000.

Currently, all NNSWPL are games are played at Netball Central in Homebush, however Panthers Netball are currently investigating the options of bringing a game to Penrith. Similarly, Panthers Netball train predominantly at Netball Central. In part, this is due to limited opportunities to access indoor facilities in the Penrith, Blue Mountains and the Hawkesbury.

In 2015-16 season Panthers Netball Under 20’s were crowned champions. At the time of writing this report, the Under 20’s are due to contest the 2017 season Grand Final. The season typically operates between April – September.

Panthers Leagues Club has re-committed its sponsorship for the 2018 season, with Panthers Netball seeking to gain commitment from other sponsors. A request has been received for sponsorship of $15,000 from Council for 2018, which would allow Council to retain uniform sponsor rights. As a uniform sponsor, Council will receive:

- Council’s logo displayed on all uniform items worn by the players, coaching staff and committee. - Sponsor promotion in all Panthers Netball standard publications which have been listed as the Panthers Netball website and Panthers Netball Facebook page. - Invitations to functions throughout the year at which there will be opportunity to promote Council.

It is noted that there are standard sponsorship opportunities of $5,000 per year, which appear to include the sponsor promotion opportunities and invitations to functions.

Into the future, it has been indicated that Panthers Netball would like to enter into a five-year financial agreement with Council, rather than make an annual request for supporting funds.

Acting Financial Services Manager’s Comment

Currently Council has no identified funding source available for the sponsorship funding request from the Panthers Netball franchise. Any request or future request for funding should be considered in conjunction with Council’s other unfunded priorities.

Conclusion

Council’s contribution to date to Panthers Netball has provided the franchise the opportunity to establish itself and operate in the NNSWPL. Success has subsequently been achieved by the Under 20’s, as well as by the local Netball Associations which have been able to provide the opportunity of a sports development pathway from grassroots to elite performance.

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The financial arrangement with Panthers Netball is unique in terms of Council providing sponsorship directly to a sports team. Historically, sponsorship has been provided by Council to facilitate hosting events and, previously, an individual sponsorship has been provided to Jessica Fox as an Olympian and World Champion. In terms of other financial contributions to sports organisations, subsidies (non-sponsor arrangements) are provided to cricket, football and rugby union. However, the intent of these are to assist with facility and grounds maintenance and development.

Given the current approach to sponsorship, developing a ‘Sponsorship Policy Framework’, against which similar future requests can be evaluated objectively, has been identified as required. In the interim, should Council choose to provide a contribution to Panthers Netball in accordance with the request that the franchise has made, it is proposed that a formal agreement is established with the franchise. This agreement will identify sponsor benefits which ensure an appropriate return on investment for Council’s contribution and should seek to allocate an ongoing funding source.

RECOMMENDATION That: 1. The information contained in the report on Request for Penrith Panthers Premier League Netball Sponsorship be received. 2. A ‘Sponsorship Policy Framework’ be established to enable future evaluation of sponsor requests.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

Item Page

9 Election of Deputy Mayor 71

10 Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited 75

11 Review of Delegations 83

12 Council Office Space within Civic Centre - Licence Agreement to CivicRisk West 92

13 2016-17 Draft Financial Statements 95

14 2017-18 Financial Assistance Grant 102

15 Summary of Investments & Banking for the period 1 August to 31 August 2017 105

Ordinary Meeting 25 September 2017

9 Election of Deputy Mayor

Compiled by: Adam Beggs, Governance Coordinator Authorised by: Glenn McCarthy, Governance Manager

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Support the Councillors in meeting their statutory obligations and roles as community representatives

Executive Summary The purpose of this report is to report to Council the procedure and method of the election of a Deputy Mayor by the Councillors. The report recommends that Council consider the election of a Deputy Mayor for the 2017/2018 term and determine the method for the election.

Background Section 231 of the Local Government Act 1993 (the Act) makes the following provision for the election of a Deputy Mayor: (1) The Councillors may elect a person from among their number to be the Deputy Mayor. (2) The person may be elected for the Mayoral term or a shorter term. (3) The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the Office of Mayor. (4) The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.

The election of a Deputy Mayor is not required by the Act but is for each Council to determine.

The balance of this report assumes the continuation of Council’s tradition and practice of electing a Deputy Mayor.

Nominations for Deputy Mayor

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

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

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

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

Term of Office of Deputy Mayor

The NSW Parliament recently made changes to the Local Government Act 1993. The changes have resulted in the term of Office for a Mayor elected by councillors to be increased to two years. As such, the term of Office of the Mayor was resolved in September 2016 to be until the next Mayoral Election in September 2018.

Where a Council does elect a Deputy Mayor, the term can be for the Mayoral term (two years) or a shorter term at the Council’s discretion. The Council in September 2018 resolved to appoint a Deputy Mayor for one year ending in September 2017, as such the term for the next Deputy Mayor would be for up until September 2018.

Method of Voting

Council could resolve to use a different method of voting for the Deputy Mayor, however it has been Council’s practice to use the same method of voting as has previously been used for the Mayoral election, that being Open Voting. The details of all available methods of election are provided below: Ballot If only one Councillor is nominated for the Office of Deputy Mayor, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by open voting, ordinary ballot or preferential ballot. The election is to be held at the Council meeting at which the Council resolves on the method of voting.

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

Ordinary Ballot or Open Voting If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. The Formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

Count in the case of 2 candidates

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

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

Count in the case of there being 3 or more candidates

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

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

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

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

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

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

Preferential Ballot

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

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

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

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

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

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

Tied Candidates

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

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

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

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RECOMMENDATION That: 1. The information contained in the report on Election of Deputy Mayor be received. 2. Council consider the Election of a Deputy Mayor for the term 2017/2018 3. In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Deputy Mayor 4. In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor be determined.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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10 Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited

Compiled by: Adam Beggs, Governance Coordinator Authorised by: Glenn McCarthy, Governance Manager Sandy Davies, Executive Manager - People & Capability

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

Executive Summary This report deals with the requirement for Council to appoint six community representative Directors to the Penrith Performing and Visual Arts Ltd Board (PP&VA). The Board met on 30 August 2017 and considered nominations for the community representative Directors. There were 11 nominations with all existing community representatives electing to re- nominate except for Emeritus Mayor, Pat Sheehy AM. The report will outline the nominations received the recommendations for appointment made by the Board.

Background The Penrith Performing and Visual Arts Limited is a controlled entity of the Council. The objectives and operation of the Penrith Performing and Visual Arts Limited are controlled by a Board of Directors in accordance with the Constitution of the Penrith Performing and Visual Arts Limited.

The Board of the Penrith Performing and Visual Arts Limited consists of 10 Directors. Clause 16.2 of the Constitution provides that the Council shall have the discretion as to whom it appoints to the Board of Directors.

The Council’s Policy Review Committee considered a report on 13 February 2017 which detailed a number of constitution changes. Among those was the following Clause:

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

The change of this Clause means that at the upcoming October AGM all non-Council Director positions will be vacated and there is a requirement for the Board to recommend and for Council to appoint three community representatives for a two-year term and three for a four year term. The details of these recommendations from the Board will be provided in this report.

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Current Situation At the 30 August 2017 Board meeting of the PPVA, the Board considered nominations for the six community representative Director positions that will become vacant at the October 2017 Annual General Meeting (AGM). There were 11 nominations in total with all existing community representatives electing to re-nominate except for Emeritus Mayor, Pat Sheehy AM.

Mr Pat Sheehy AM announced his retirement to the Board of Directors effective on the 25 October 2017 in relation to his position on the Board. Mr Sheehy AM was first appointed to the Management Committee of the Gallery in 1983 – chairing the Committee from 1985 until 1995. Subsequently he returned as a member of the Gallery Board following corporatisation in 2002 until the merger creating PP&VA in 2005.

From 1995 until 1999 Mr Sheehy AM was a Council Nominated Director of the JSPAC. He returned to the JSPAC Board in 2002 where he has remained through the merger until the present day. Mr Sheehy AM was also a Director of Railway Street Theatre Company from 2001 until its merge into PP&VA. He played a significant role in formation of PP&VA and the extensions to the Joan.

Applications were sought for the vacant positions on the Board. A total of 11 nominations were received detailed below:

Existing Board Members Renominating/New Since 1. The Hon. Peter Anderson AM 1995 2. Mrs Cathy Jarman 1999 3. Mr Tony Lackey 2006 4. Ms Alison McLaren 2015 5. Mr John Mullane 2004 1. Peter McGhee New 2. Christine Keeble New 3. Phil Stormer New 4. Miriam Williamson New 5. Jennifer Roberts New 6. Ole Nielsen New

With the exception of Mr Sheehy AM, the Board resolved to recommended the renomination of all existing Board members, this resulted in there being one remaining vacancy and six new applicants (outlined above).

Subsequently, the Chairman raised the nomination of Ms Christine Keeble at the Board meeting of 30 August 2017. The nomination was seconded and was therefore endorsed by the Board to be the nominee, along with the existing five Board members to be recommended to Council for appointment to fill the 6 vacant community representative Director positions.

Ms Christine Keeble’s Curriculum Vitae (CV) is provided at Appendix A. Ms Keeble is a resident of the Blue Mountains. From 1996 to 1999 Christine was on the Railway Street Theatre Penrith Board and has been a promoter, writer, director and producer within the entertainment industry. Ms Keeble holds a Bachelor of Arts in theatre and a triple major in theatre management, marketing and media from University of Western Sydney.

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Accordingly, it is recommended that Ms Keeble’s nomination for appointment to the Board of the Penrith Performing and Visual Arts Limited be endorsed by Council, along with the reappointment of the five renominating Board members.

Terms

A ratification of the constitution in February this year endorsed by Council detailed that for continuity and to better align terms of the Board with Council in addition to enabling succession planning that all non-Council Director positions become vacant in October 2017. The Constitution also detailed that half of the six directors must be appointed for a two-year term with the remaining half be appointed for four year terms. The details of all six recommended nominees for appointment and their term length are provided in Appendix 2. All nominees were consulted prior to determining the term length.

Conclusion

A change to the PP&VA Constitution in February 2017, requires Council to appoint six community representative Board Directors to fill vacancies that will occur after the October 2017 PP&VA AGM. The Board at its August meeting has recommended the reappointment of the five renominating Directors and also recommended the appointment of one new Director. It is recommended that Council endorse the six nominations recommended by the Board as detailed in this report.

RECOMMENDATION That: 1. The information contained in the report on Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited (PP&VA) be received. 2. Council thank Emeritus Mayor, Pat Sheehy AM for his contribution to the PP&VA. 3. The following members of the Board be appointed for a 2 year term: Hon. Peter Anderson, AM, Christine Keeble, Cathy Jarman. 4. The following members of the Board be appointed for a four year term: John Mullane, Tony Lackey and Alison McLaren.

ATTACHMENTS/APPENDICES 1. ⇩ Board Recommendations - Nominee Details 1 Page Appendix 2. ⇩ Chris Keeble Application 4 Pages Appendix

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Ordinary Meeting 25 September 2017 Appendix 1 - Board Recommendations - Nominee Details

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Ordinary Meeting 25 September 2017 Appendix 2 - Chris Keeble Application

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11 Review of Delegations

Compiled by: Madison Foster, Administration Officer Adam Beggs, Governance Coordinator Authorised by: Glenn McCarthy, Governance Manager

Executive Summary The report details the background of delegations and highlights the need to have appropriately constructed delegations of authority to ensure that Council officers can properly and efficiently discharge their responsibilities under Council’s Operational Plan.

All delegated authority must also be exercised within the provisions of:

• The Local Government Act and other relevant legislation; • Any relevant Council policies and procedures; • Budget limitations; • The responsibilities and job description of the delegate’s position.

Under section 380 of the Local Government Act 1993, Council is required to review all its delegations within the first year of its term. Council’s normal practice is to delegate broad authority to the General Manager, who then sub-delegates the necessary authority to Council staff to carry out their duties.

The proposed delegations by Council to the General Manager, Committees and other entities are shown in the appendices to this report and have been reviewed by staff within the Office of the General Manager. The General Manager, in addition to this has the authority to sub-delegate certain delegations that are considered appropriate to the relevant staff. The General Manager’s delegations to staff are continually reviewed and refined and changes to the delegations are ongoing.

The process for the General Manager to sub-delegate involves an assessment from the relevant Manager that is then reviewed by governance staff to ensure organisational consistency before being presented to the General Manager at regular intervals. A register of Delegations is maintained by staff within the Office of the General Manager and is made available for public inspection if requested and is also available to councillors at any time.

Background Delegations of authority are the formal mechanisms by which the Council enables its officers to act on behalf of the Council. They are constructed to maximise the effectiveness and efficiency of Council’s operations, and administrative functions and processes. Staff that are responsible for a particular area of Council’s operation need authority to manage that responsibility. Without delegations of authority, all decisions currently made by Council staff

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would need to be made by Council itself, which would have a significant impact on Council’s ability to meet its statutory obligations and its objectives under the Operational Plan.

The conferring of management and administrative authority to appropriate officers enables them to properly discharge their responsibilities under Council’s Operational Plan, and it allows the formal, public decision-making structures of the Council to focus on other key decisions.

The Local Government Act 1993 (s377) empowers Council to delegate its function and authority. A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act,…

Established practice at Penrith City Council is for the Council to delegate broad authority to the General Manager, and specific management responsibilities to a number of committees and other entities.

Council’s delegations have been reviewed previously by external legal advisors and this is considered important as from time to time the Council’s delegations are called into question during legal matters. Council Officers believe that the delegations remain relatively consistent with the delegations previously reviewed and remain appropriate should they be called into question in the future.

The then Department of Local Government made the following comment regarding Council’s delegations as part of its Better Practice Review of Council’s management. It is considered that our delegations structure and philosophy towards delegations has not changed significantly since this time.

“The delegation of council’s powers to staff is an important tool that assists council officers to carry out the functions of council in an effective and timely manner. Delegations need to be made in accordance with sections 377-381 of the Local Government Act and regularly reviewed, thereby ensuring that they remain current. We examined a number of the instruments of delegation issued to staff and found that all delegations and sub-delegations are documented through council minutes and council’s policy “decision Making Arrangements during Council Recess’ for delegations during council recess. These appear to be in accordance with the Act. The delegations suggest that the council is adopting good governance principles to the delegation of its functions. The delegations are clearly written and precisely drawn. There is clear delineation of the nature and extent of delegations and, as appropriate, the circumstances when they can be exercised.”

Council’s delegations will shortly be undergoing an audited review, any recommendations from the auditors about that review will be communicated to councillors and the appropriate changes implemented.

Delegations and the Role of the General Manager The functions of the General Manager are listed in s335 of the Local Government Act, and include responsibility for the efficient and effective operation of the Council’s organisation. The General Manager must manage the day-to-day affairs of the Council organisation, appoint staff in accordance with the organisational structure and resources approved by the Council, and has authority to appoint, direct and dismiss staff.

Councils are expressly prevented from delegating authority directly to Council staff by s377 of the Local Government Act. Instead, Councils delegate the functions and authority

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necessary for the day to day management of the organisation to the General Manager (except for those that are specifically reserved for the Council under the Act). The General Manager, under s378 of the Local Government Act, has authority to “sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).”

Under the Act, the General Manager can make adjustments to the delegations and sub- delegations of authority given to staff, as circumstances require. Such circumstances could include departmental restructures, the creation of new positions in departments, and changes to the responsibilities attached to a position.

Proposed delegations of authority by Council to the General Manager are contained in “Appendix 1 – Proposed Delegations of Authority to the General Manager”.

The Operation of Delegations Delegations attach to the positions occupied, not to the individual. This allows new staff employed in a position to assume the delegated authority they require to perform their duties, without Council or the General Manager needing to authorise another set of duplicate delegations when staffing changes occur. Delegations are not transferable to others by an officer. An officer acting in another position automatically assumes the delegations of that position.

Delegations can be general or conditional, must be exercised subject to any limitations imposed by a delegation, and cannot authorise officers to do anything which the Council itself cannot do. All delegated authority must also be exercised within the provisions of: • The Local Government Act and other relevant legislation; • Any relevant Council policies and procedures; • Budget limitations; • The responsibilities and job description of the delegate’s position.

The Delegations Review Process Delegations are continually under review by managers within the organisation in consultation with staff from the Office of General Manager. When there are significant legislative changes or changes to Council responsibilities this will often result in a review of specific delegations. Again, when a restructure occurs or a new position title is created the delegations are again reviewed. The review process for delegations is one that is ongoing with regular review meetings occurring between the General Manager and staff to ensure they remain as contemporary as possible.

Delegation to Committees and Other Entities Section 355 of the Local Government Act allows a Council to set up committees or other bodies to exercise its functions on its behalf. Appendix 2 – Delegations to Committees, lists the proposed delegations to Council’s committees to exercise their functions. The proposed delegations to most committees are general rather than specific, to allow for the fact that each Council facility or function managed by a committee has unique qualities that must be adequately accommodated by that committee in the exercise of its delegation. The intent of a general delegation, referring to the exercise of “care, control and management” over a facility, is quite clear and easy to interpret, but still provides the flexibility needed for management committees to function effectively.

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As well as using committees, Council also makes use of other bodies to exercise its functions. Such as the Penrith City Children’s Services Co-operative Ltd. “Appendix 3 – Delegations to Other Entities”, lists the delegations required by these other entities to exercise their functions on behalf of Council.

Identification Required for Council Officers with Power of Entry As part of their duties under a variety of legislations, some Council officers can be required to enter premises. Such entry requires an authority card for the purposes of clearly identifying the officer concerned and setting out his or her delegated authority. Staff with authority to enter premises under the Swimming Pools Act 1992 also require a separate certificate as outlined in Swimming Pools Regulation 1998. This certificate requires Council’s Seal of Authority.

Delegations Register Council maintains a Register of Delegations that is available for inspection by the public and councillors at any time, which contains position delegations under the Local Government Act and any other Act that Council officers require to perform their duties. The Delegations Register is maintained by staff within the Office of the General Manager and is under constant review.

RECOMMENDATION That: 1. The information contained in the report on Review of Delegations be received. 2. Council, in accordance with Section 377 of the Local Government Act 1993, approve the delegation of its functions and responsibilities under the Act and other Acts to the General Manager as listed in “Schedule 1 – Proposed Delegations of Authority to the General Manager” that is appended to this report. 3. Council, in accordance with Section 377 of the Local government Act 1993, delegate authority to Council’s committees, as shown in ”Schedule 2 – Delegations of Authority to Committees” that is appended to this report. 4. Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to the entities as listed in “Schedule 3 – Delegations of Authority to Other Entities” that is appended to this report. 5. Council’s Seal of Authority when required be placed on the Certificate of Identification for Officers with delegated authority under the Swimming Pools Act 1992.

ATTACHMENTS/APPENDICES 1. ⇩ Proposed Delegations to General Manager 1 Page Appendix 2. ⇩ Proposed Delegations to Committees 3 Pages Appendix 3. ⇩ Proposed Delegations to Other Entities 1 Page Appendix

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Ordinary Meeting 25 September 2017 Appendix 2 - Proposed Delegations to Committees

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Ordinary Meeting 25 September 2017 Appendix 3 - Proposed Delegations to Other Entities

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12 Council Office Space within Civic Centre - Licence Agreement to CivicRisk West

Compiled by: Alison Randall, Property Management Officer Authorised by: Angus Fulton, Property Development Manager

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Manage Council's property portfolio

Executive Summary The purpose of this report is to seek the Council’s approval to grant a new licence agreement for the use of the Dungarth meeting room, located on the first floor of the Civic Centre, to Mutual Management Services Limited, in accordance with the terms listed in this report.

Background Mutual Management Services Limited operating as CivicRisk West, previously known as Westpool, have occupied the Dungarth meeting room within the Civic Centre for many years operating as a support administration office for self-insurance on behalf of Councils.

Mutual Management Services Limited was created to provide administration services to CivicRisk, a self-insurance pool for Councils that came together to share risks and self-fund their insurance claim costs. Mutual Management Services Limited operates mutually for the benefit of sixteen Councils being Blacktown, Blue Mountains, Burwood, Bayside, Cumberland, Camden, Hawkesbury, Fairfield, Hunters Hill, Kiama, Lane Cove, Liverpool, Penrith, Parramatta, Shellharbour & Wollongong.

Mutual Management Services Limited has requested that Council grant a new licence agreement permitting them the use of the meeting room space for a further period. Mutual Management Services Limited have been an exceptional tenant and have the financial capacity to enter this lease.

This report recommends that Council approve a new licence agreement as set out in the terms and conditions below:

Premises 601 High Street Penrith (Dungarth meeting room located on the first floor of the Civic Centre) Lessee Mutual Management Services Limited ABN: 48605323948 Directors: Ross Fowler Andrew Moore Michael McMahon Alan Young Craig Wrightson Marianne Saliba Richard Quinn Secretary/ Executive Officer Andrew Armitstead Permitted Use Office/Administration space

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Lease Term 1 year

Commencement Date 1 October 2017

Commencement Date of Rent 1 October 2017

Lease Termination Date 30 September 2018

Option Period NIL

Rental – Gross Rent $ 12,027.96 per annum + GST

GST $ 1,202.80 per annum

Total Rental $13,230.76 per annum including GST

Outgoings NIL

Area 50 sqm approximately Rental Reviews Annual

Method of Rent Review CPI

Guarantor NIL

Car Spaces NIL

Lessee Responsibilities ▪ Lessee accepts room in its current condition ▪ Keep and maintain premises in a clean and tidy condition ▪ Lessee to carry out fit out works to Council approval ▪ Lessee to make good works at termination of lease ▪ Payment of all telephone and communication facilities ▪ $20 Million Public Liability Insurance ▪ Lessee can terminate the licence agreement at any given time with no less than 30 days written notice ▪ Secretarial support on the basis of $30 per hour or subject to the availability of staff in consultation with Council’s Financial Services Manager ▪ Photocopying on a usage basis Lessor Responsibilities ▪ Lessor to maintain building ▪ Council can terminate licence at any given time without reason with no less than 30 days written notice

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RECOMMENDATION That: 1. The information contained in the report on Council Office Space within Civic Centre - Licence Agreement to CivicRisk West be received 2. Council approve the proposed new licence agreement as per the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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13 2016-17 Draft Financial Statements

Compiled by: Daniel Moore, Expenditure Accountant Authorised by: Neil Farquharson, Acting Chief Financial Officer

Outcome We have confidence in our Council Strategy Ensure our finances and assets are sustainable and services are delivered efficiently Service Activity Manage Council's financial sustainability and meet statutory requirements

Executive Summary The draft 2016-17 Financial Statements have been completed and will be presented at this meeting. The Financial Statements are prepared by Council staff, using the accrual method of accounting, and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting.

Introduction This report covers: • Addressing of the meeting by Council’s Auditor • Legislative requirements • Background to the Financial Policies • Budget Performance, and • Summary of Financial Results.

Addressing of the Meeting by Council’s Auditor Ms Karen Taylor, Director of Financial Audit Services for the Audit Office NSW, will be addressing the meeting. This is the first year that the Audit Office NSW has been Council’s auditor.

Legislative Requirements The Local Government Act requires the following steps:

1. Council officers prepare the financial statements 2. Council issues a statement that the accounts are in order 3. Council refers the financial statements to its auditors for checking 4. The Auditor returns the financial statements with an audit opinion attached 5. The Financial Statements are placed on public display and the community may make submissions; and 6. The Financial Statements are formally presented during a Council Ordinary Meeting.

Council officers have completed step 1 by preparing the statements and this report recommends completion of steps 2, 3, 4 and 5 at tonight’s meeting. The auditors have received an advance copy of the financial statements and have now completed several weeks of their audit program. It is considered appropriate that Council issue the required statement for the 2016-17 accounts.

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

An audited copy of the financial statements was presented to a meeting of Council’s Audit Committee on 6 September 2017. At that meeting, it was resolved that:

“1. The information contained in the report on the Draft 2016-17 Financial Statements be received. 2. The Audit Committee refers the 2016-17 Financial Statements to Council for signing.”

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

Summary of Financial Results The following figures provide a summary of the key results for 2016-17. A final copy of the Annual Financial Statements can be provided, once they have been adopted by the Council. Council’s financial performance is aligned with its continued focus on long-term financial sustainability.

All figures are in $’000 unless otherwise stated Item 2016-17 2015-16 % Change Revenue (including capital) 259,176 269,417 -3.8% Operating Expenditure 207,114 200,038 -3.5% Net Surplus 52,062 69,379 -25.0% Operating results before capital 17,030 14,250 19.5% Capital Grants and Contributions 35,032 55,129 -36.5% Total Assets 1,915,575 1,873,337 2.3% Total Equity 1,804,382 1,758,996 2.6% Total Borrowings (excl bank overdraft) 54,388 64,394 -15.5% Cash and Investments 136,734 108,264 26.3% Key Indicators Unrestricted Current Ratio 2.47 1.80 37.2% Adjusted Unrestricted Current Ratio* 2.70 2.03 33.0% Rates Outstanding Ratio 3.01% 3.00% -0.3% Debt Service Cover Ratio 3.16 2.08 51.9% * removes the forward-funded section 94 works (from internal reserves) ahead of receipts

Council’s financial position as at 30 June 2017 reflects a strong performance by Council during the 2016-17 Financial Year. All significant financial performance measures are in line with expectations and Council’s short term financial position is sound with the operating result before capital of $17m for 2016-17 compared to $14.3m in 2015-16. After allowing for $35m of capital grants and contributions, Council finished the year with a net surplus from ordinary activities of $52.1m (2015-16 surplus of $69.4m).

Unrestricted current assets exceed current liabilities by a ratio of 2.47:1. This is above the Office of Local Government’s benchmark of 1.5:1. As previously discussed with the Council,

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this ratio is constrained each year by Council’s practice of forward funding s94 works in advance of contributions by borrowings against internal reserves. For 30 June 2017 these borrowings amounted to $7.9m. Council’s adopted benchmark is 1.25:1 (including internal loans). Once this indicator has been adjusted for internal loans for section 94 funding against reserves, the indicator increases to 2.70:1.

The outstanding loan liability has decreased to $54.4m ($64.4m in 2015-16). Council’s weighted interest rate on borrowings has decreased from 4.23% at 30 June 2016 to 4.14% at 30 June 2017 due to the lower costs of capital, and the volume of refinancing included in 2016-17 (around $6m).

Key Financial Indicators Code Update 22 for 2013-14 included updated indicators which have again been included in the attached 2016-17 Draft Financial Statements.

• Operating performance – measures Council’s achievement of containing operating expenditure within operating revenue. Capital grants and contributions, fair value adjustments, and reversal of revaluation decrements are excluded. The benchmark is greater than 0%. In 2016-17, Council’s indicator was 7.41% (1.4% in 2015-16) which is better than the benchmark and prior year. • Own source operating revenue – is the degree of reliance on external funding sources such as operating grants and contribution. The benchmark is greater than 60% - a higher percentage means a council receives more of its revenue from rates, fees, and charges, and is less reliant on grants and contributions. In 2016-17, Council’s indicator was 71.89% (67.60% in 2015-16) which is better than the benchmark and prior year. • Unrestricted current ratio – measures Council’s liquidity and solvency. This ratio assesses the adequacy of working capital and its ability to satisfy obligations in the short terms for the unrestricted activities of Council. The benchmark is greater than 1.5. In 2016-17 Council’s indicator was 2.5 (1.80 in 2015-16) which is better than the benchmark and prior year. • Debt service cover ratio – measures the availability of operating cash to service the debt including interest, principal and lease payments. The benchmark for this indicator is anything over 2. For 2016-17, Council’s indicator was 3.16 (2.08 in 2015-16). • Rates, annual charges, interest and extra charges outstanding - indicates the impact of uncollected rates and annual charges on Council’s liquidity and the adequacy of recovery efforts. The benchmark is below 5%, Council’s result for 2016-17 was 3% (3% in 2015-16) which is better than the benchmark. • Cash expense cover ratio – indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow. The benchmark is greater than 3 months. Council’s indicator for 2016-17 was 6.49 months (5.30 months in 2015-16) which is better than the benchmark and prior year.

2016-17 Budget Performance Council’s June Quarter and Year End Review was reported to the Ordinary Meeting of Council held 28 August 2017. Commentary relating to Council’s performance was provided in the “Organisational Performance Report”. The Budget result for 2016-17 is a surplus of $195,574 after allowing for several transfers to reserve. Over the course of 2016-17, favourable budget variations have enabled Council to provision for contingencies, and in the June Review allocated $3.1m to various reserves.

The June Review of the 2016-17 Operational Plan is available on Council’s website, and a hardcopy version is available to the public upon request.

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

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

Asset Class Due Water and Sewer 30 June 2017 Property, Plant and Equipment; Operational Land; Buildings 30 June 2018 Roads, Bridges, Footpaths, Drainage 30 June 2020

Council opted to revalue Operational Land, Buildings and Investment Properties during the 2016-17 financial year. The revaluation of these assets were completed by an external valuation company, APV Valuers and have deducted $5.6m from Council’s Statement of Financial Position through Infrastructure, Property, Plant and Equipment. This decrease is attributable to: • Buildings decreased by $7m due to the valuations provided by APV Valuers • Investment Properties increased by $1.4m due to the valuations provided by APV Valuers

Operational Land was also revalued as part of the preparation of Councils financial statements. An internal review of the provided valuations was also conducted by Council’s Property Development department, as recommended by the Audit Office NSW. The internal review identified numerous inconsistencies with the valuations provided by APV Valuers and recent market trends. Due to the large amount of discrepancies, Council has opted not to take up the valuations for Operating Land in 2016-17 and will be reviewing the valuation for the 2017-18 financial year.

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

The backlog previously reported in Special Schedule 7 included low risk items to bring to satisfactory standard. The JRA report recalculated the backlog to align with community expectations for affordable levels of service and remove upgrade / expansion amounts. Special Schedule 7 - “Report on Infrastructure Assets” - in the attached Financial Statements has retained this methodology. The estimated cost to bring to satisfactory standard (BTS) stands at $13.1m as at 30 June 2017.

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

o Infrastructure renewals ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating.

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Council’s indicator in 2016-17 was 45.47% (53.04% in 2015-16). The benchmark is greater than 100%. The ratio varies each year depending on the mix of renewal and new capital works and the nature of funding. The Council will need to stay focused on asset renewal if it is to meet this important benchmark. o Infrastructure backlog – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2016-17 was 1.08% (1.32% in 2015-16). The benchmark is less than 2% and the Council is favourably within this benchmark but will need to monitor this. o Asset maintenance ratio – compares the actual versus required annual asset maintenance. A ratio of above 1.0 indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. The benchmark is greater than 1.0. Council’s indicator for 2016-17 was 1.01 (1.07 in 2015-16) and the Council is favourably within this benchmark but will need to monitor this.

Recognition of Land Under Roads (LUR) AASB 1051 was issued in December 2007 and deals with Land Under Roads (LUR). In circular 09-25 issued by the OLG, it was determined that in accordance with AASB 1051 Land Under Roads, Council may elect to recognise or not to recognise as an asset, land under roads acquired before 1 July 2008. The Circular acknowledged that a method of reliable measurement for fair value of land under roads was yet to be determined on a sector-wide basis. For this reason, the OLG allowed councils to elect to recognise land under roads acquired before 1 July 2008 but defer that recognition until the valuation methodology was available. Council took up this option.

Subsequently the OLG provided three options to value Council’s LUR as part of the Code of Accounting Practice update 19. These options were discussed in the Audit Committee report of 1 June 2011 with Council electing to use the “municipal rate to value its LUR acquired pre- 1 July 2008. This method uses a calculation based on valuations provided by the Valuer General to determine an average value per square metre of all land. Accordingly, $1,107m of LUR was recognised in the 2010-11 Financial Statements as acquired pre-1 July 2008. In 2015-16 a full revaluation was performed which brought the revised total of LUR to $1,934m.

During the preparation of the 2016/17 Financial Statements, it was brought to Council’s attention by the Audit Office of NSW that there had been a late change in the Code of Accounting Practice and Financial Reporting (Code Update 25). As a result of this change, Penrith City Council was required to change the methodology used in valuing LUR. The update required Council to apply discounting to reflect the restrictions placed on LUR.

The discounting to be applied to LUR totalled 90%, which considers the adjustment for the Englobo Value of 65% and an adjustment for access rights of 25%. The discounting of LUR resulted in a $1,740,859,225 restatement of opening balances applied against retained earnings, asset revaluation reserve and infrastructure, property, plant and equipment. There is no impact on the operating results or ratios in Note 13.

Legislative Requirements The Local Government Act classifies various transactions as being write-offs of rates and charges. The reasons for write-offs include properties becoming exempt from rates, pensioner rebates, changes in rating category, rounding down of payments by up to 4 cents, postponed rates, domestic waste charges reversed because they were levied in error and rates and charges reversed due to amended valuations.

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The following tables summarises the rates and sundry debtor’s amounts written off during 2016-17 under delegated authority, or pursuant to Council resolutions, and are provided for information:

Rates And Charges Written Off $ General Rates 55,094 Extra Charges 30,087 Domestic Waste 18,006 TOTAL 103,187

Pensioner Rebate Abandonments $ General Rates - Statutory 1,845,589 Domestic Waste - Statutory 671,759 TOTAL 2,517,348

Penrith City Council offers an annual Pensioner Rebate of $250 per rateable property. The table above represents the total amount of rebates granted to pensioners in the 2016-17 financial year. The NSW Government reimburses Council for 55% of all mandatory rebates granted to pensioners. The subsidy provided to Council for 2016-17 was $1,378,267.

Sundry Debtor Abandonments $ Sundry Debtor 69,063 TOTAL 69,063

Extra charges include interest and legal costs, and are written off due to financial hardship, and where the original rate or domestic waste charge is required to be written off.

During 2016-17, stores and tools to the value of $11,500 were written off:

Stores & Materials Written Off $ Stores and Tools 11,500 TOTAL 11,500

Summary The draft Financial Statements are presented for Council to form its opinion. The required opinion is set out in the following recommendation. If resolved, the Statement of Council's Opinion can be signed and handed to the auditors at tonight’s meeting.

The 2016-17 Annual Financial Statements are nearing completion. Council’s financial position as at 30 June 2017 reflects the strong performance of Council during the year. All significant financial performance measures are in line with expectations and Council’s short term financial position remains sound with the operating result before capital of $17m for

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2016-17 compared to $14.3m in 2015-16. After allowing for $35m of capital grants and contributions, Council finished the year with a surplus from ordinary activities of $52.1m.

RECOMMENDATION That: 1. The information contained in the report on 2016-17 Draft Financial Statements be received 2. Pursuant to s413(2)(c) it is the Council's opinion that: a. The financial statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The statements comply with Australian Statements of Accounting Concepts b. The financial statements present fairly the Council's financial position as at 30 June 2017 and the operating result for the year then ended c. The statements are in accord with Council's accounting and other records. 3. Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that: a. The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable. b. The report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards. c. The financial statements present a modelled scenario for comparative purposes. They do not report an actual result. 4. Council confirm its endorsement of the budget in the knowledge that some of its business activities are not making commercial returns. The existence of notional subsidies represents Council’s commitment to its community service obligations. 5. The Statements be forwarded to Council's Auditors.

ATTACHMENTS/APPENDICES 1. ⇩ Draft Financial Statements 2016-17 105 Pages Attachments Included

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14 2017-18 Financial Assistance Grant

Compiled by: Ben Collins, Management Accountant - Budget Authorised by: Neil Farquharson, Acting Chief Financial Officer

Executive Summary This report provides the Council with an update regarding the 2017-18 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received.

Advice has now been received confirming Council’s 2017-18 Financial Assistance Grant. The Financial Assistance Grant consists of two components, a General component ($8.54m) and a Roads component ($2.33m) with a combined total of $10.87m.

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

This year’s grant is $251,586 above the estimate for the General component, and $41,910 above the estimate for the Roads component compared to what was included in the 2017-18 Budget. This increase in the General component represents an increase of 4.56% on last year’s actual allocation and an increase of 4.30% overall on the combined FAG for 2016-17.

It is proposed that these changes will be incorporated into the September 2017 Quarterly Review and that this will include adjusting the roads budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

Background A significant part of Council’s annual revenue ($10.87m, 4% in 2017-18 and $10.42m in 2016-17) is derived from the Financial Assistance Grant. Local Government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

The grant to be received in 2017-18 consists of two components (1) a General component ($8.54m) and (2) a Roads component ($2.33m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors. In addition, each year an adjustment is required for the previous year’s grants that takes into account variations in the actual CPI and population shares compared to the estimates used to determine that year’s grants.

As part of the 2014-15 Federal Budget, the Government announced that it "...will achieve savings of $925.2 million over four years by pausing indexation of the Local Government

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Financial Assistance Grants Programme for three years commencing 1 July 2014." This period of paused indexation has now ceased and indexation has returned to the program from 1 July 2017. In addition, the first two quarterly payments to councils were brought forward and paid in June 2017 in order to give councils “the opportunity to start work immediately on projects they have been putting off and to benefit from additional interest on their cash in the bank”.

Current Situation In the initial stages of preparing the 2017-18 original budget, a 1.5% increase on the 2016- 17 actual grant received (excluding adjustments) was factored in for both the General component and the Roads component providing a total original budget of $10,577,276.

Advice has now been received confirming Council’s 2017-18 Financial Assistance Grant. The Financial Assistance Grant (FAG) allocated this year is $251,586 more than estimated during the budget process for the General component and $41,910 more than estimated during the budget process for the Roads component.

Financial Assistance Grant 2013-14 to 2017-18 by component 2013-14 2014-15 2015-16 2016-17 2017-18 Total Financial Assistance Grant 11,531,640 11,246,955 10,867,181 10,422,533 10,870,772 General Purpose Component 9,371,435 9,015,198 8,609,738 8,171,284 8,543,844 Roads Component 2,160,205 2,231,757 2,257,443 2,251,249 2,326,928

Financial Assistance Grant 2013-14 to 2017-18 % Increase on prior year 2013-14 2014-15 2015-16 2016-17 2017-18 Total Financial Assistance 6.90% -2.47% -3.38% -4.09% 4.30% Grant General Purpose 7.20% -3.80% -4.50% -5.09% 4.56% Component Roads Component 5.57% 3.31% 1.15% -0.27% 3.36%

Financial Assistance Grant 2013-14 to 2017-18 by component

12,000

10,000

8,000

6,000 $000

4,000

2,000

- 2013-14 2014-15 2015-16 2016-17 2017-18

General Purpose Component Roads Component

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The above table demonstrates the variability of Council’s allocation each year with the average change for the FAG being a 0.3% increase over the last five years. It is proposed that the budget be adjusted to reflect this as part of the September 2017 Quarterly Review.

The Local Government Grants Commission has invited special submissions regarding the distribution of Financial Assistance Grants for 2018-19. Council officers have reviewed the calculations provided and identified no areas where the factors contained within the formula were not adequate for Penrith. In addition, any variation to the existing factors could potentially have an adverse effect on Council’s grant.

Conclusion Council’s 2017-18 Financial Assistance Grant will be $10.87m, and is $293,496 above the estimate included in the 2017-18 budget. It is proposed that the budget be adjusted to reflect this as part of the September 2017 Quarterly Review.

RECOMMENDATION That: 1. The information contained in the report on 2017-18 Financial Assistance Grant be received. 2. The budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2017 Quarterly Review.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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15 Summary of Investments & Banking for the period 1 August to 31 August 2017

Compiled by: Ashley Zanier, Assistant Accountant Authorised by: Neil Farquharson, Acting Chief Financial Officer

Executive Summary This report on the Summary of Investments & Banking for August 2017 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

This report provides a summary of investments for the period 1 August 2017 to 31 August 2017 and a reconciliation of invested funds as at 31 August 2017.

The investment returns versus the benchmark as a percentage for August 2017 are: • Council portfolio current yield (including FRNs) 2.49% • 90 day Bank Bill Swap rate (Benchmark) 1.70%

The report recommends that the information contained in the report be received.

Background

Attached to this report is a Summary of Investments including Economic Commentary for August 2017, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for August 2017 and various Investment Summary and Investment Portfolio analysis tables and charts.

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER I hereby certify the following:

1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2. Council’s Cash Book and Bank Statements have been reconciled as at 31 August 2017.

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Neil Farquharson Responsible Accounting Officer

RECOMMENDATION That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 August to 31 August 2017 be received 2. The certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 August 2017 to 31 August 2017 be noted and accepted. 3. The graphical investment analysis as at 31 August be noted.

ATTACHMENTS/APPENDICES 1. ⇩ Summary of Investments and Banking as at 31 August 2017 6 Pages Appendix

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COMMITTEE OF THE WHOLE

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday September 25 2017

Item Page

1 Presence of the Public 1

2 Easement for Drainage Purposes over Council Land adjoining Harold Corr Community Hall, Werrington 2

3 Property Purchase - 330 Great Western Highway St Marys (Lot 10 DP603827) 2

4 Long Term Licence to Transport for NSW for Penrith Station Transport Interchange 2

Ordinary Meeting 25 September 2017 A Leading City

1 Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed below; or

(b) the receipt or discussion of any of the information so listed.

The matters and information are the following:

(a) personnel matters concerning particular individuals;

(b) the personal hardship of any resident or ratepayers;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

• prejudice the commercial position of the person who supplied it; or

• confer a commercial advantage on a competitor of the Council; or

• reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of the law;

(f) matters affecting the security of the Council, Councillors, Council staff or Council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. The grounds must specify the following: (a) the relevant provision of section 10A(2);

(b) the matter that is to be discussed during the closed part of the meeting;

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

• a motion, based on the recommendation below, is moved and seconded

• the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

• if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

• if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

RECOMMENDATION

That:

Outcome 4

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

Outcome 7

3 Property Purchase - 330 Great Western Highway St Marys (Lot 10 DP603827) 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.

4 Long Term Licence to Transport for NSW for Penrith Station Transport Interchange 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.

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ATTACHMENTS

Date of Meeting: Monday 25 September 2017 Report Title: Development Application DA17/0352 Demolition of Existing Structures & Construction of 5 x Town Houses with Basement Parking & Strata Subdivision Lot 1 DP 202002 (No. 43) College Street, Cambridge Park Attachments: Locality Plan Architectural Plans

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ATTACHMENTS

Date of Meeting: Monday 25 September 2017 Report Title: 2016-17 Draft Financial Statements Attachments: Draft Financial Statements 2016-17

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