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20 June 2012 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 June 2012 at 7:30PM. 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 Leave of absence has been granted to: Councillor Kaylene Allison - 28 May 2012 to 8 July 2012 inclusive.

2. APOLOGIES

3. CONFIRMATION OF MINUTES Ordinary Meeting - 21 May 2012.

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 7. NOTICES OF MOTION TO RESCIND A RESOLUTION 8. NOTICES OF MOTION AND QUESTIONS ON NOTICE 9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Local Traffic Committee Meeting - 4 June 2012. Policy Review Committee Meeting - 4 June 2012.

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 Senior Governance Officer, Mr Glenn Schuil on (02) 4732 7856

ORDINARY MEETING

MONDAY 25 JUNE 2012

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 Group Managers Lectern

Clr Tanya Davies

East Ward

Media Clr Ben Goldfinch Director North Ward Craig Butler

Clr Mark Davies South Ward Director Barry Husking Clr Robert Ardill South Ward

Clr Ross Fowler OAM General North Ward Manager Alan Stoneham Clr Jim Aitken OAM

South Ward His Worship

the Mayor Clr Kevin Crameri OAM Councillor North Ward Greg Davies East Ward

Clr Marko Malkoc

Public Gallery East Ward Senior Governance Clr Jackie Greenow Officer Deputy Mayor Glenn Schuil East Ward

Clr John Thain North Ward

Minute Clerk Clr Karen McKeown South Ward

Clr Kath Presdee North Ward

Clr Prue Car South Ward

Clr Kaylene Allison East Ward

Group Managers

Managers

2012 MEETING CALENDAR January 2012 - December 2012 (adopted by Council on 21 November 2011)

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

10 6 5 9 20#@ 3 15∞ 5 (7.00pm) Ordinary Council Meeting 7.30pm 24^\ 20#@ 26 23 21# 25* 23 19# (7.00pm)

7 4 2 13 3 Policy Review Committee 7.00pm 13 19 16 30 8 12

 Meeting at which the Draft Operational Plan for 2012-2013 is endorsed for exhibition * Meeting at which the Operational Plan for 2012-2013 is adopted # Meetings at which the Operational Plan quarterly reviews are presented @ Delivery Program progress reports ^ Election of Mayor/Deputy Mayor  Meeting at which the 2011-2012 Annual Statements are presented ∞ Meeting at which any comments on the 2011-2012 Annual Statements are presented \ The opportunity may be taken to move this meeting to the 17 September 2012, should the election result be declared early. The Ordinary Council Election will be held on 8 September 2012

- 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 the Senior Governance Officer, Glenn Schuil.

Unconfirmed Minutes UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 21 MAY 2012 AT 7:34PM

NATIONAL ANTHEM The meeting opened with the National Anthem.

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT His Worship the Mayor, Councillor Greg Davies, Deputy Mayor, Councillor Jackie Greenow and Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

APOLOGIES There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 April 2012 99 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 23 April 2012 be confirmed.

DECLARATIONS OF INTEREST Councillor Jim Aitken OAM declared a Pecuniary Interest in Report and Recommendations Item 3 -Report and Recommendations of the Local Traffic Committee Meeting held on 7 May 2012, General Business Item 2 - Billington Place Car Park, Emu Plains – Provision of 4P Parking Restrictions as is a proprietor of land in the area. Councillor Jim Aitken OAM declared he would leave the room for discussion on the item.

MAYORAL MINUTES

1 Thank you to Leigh Hartog for sponsorship 100 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Thank you to Leigh Hartog for sponsorship be received.

This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 21 May 2012 Ordinary Meeting Monday 21 May 2012

2 2012 Relay for Life 101 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the Mayoral Minute on 2012 Relay for Life be received.

REPORTS OF COMMITTEES

1 Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 28 March 2012 102 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 28 March, 2012 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 11 April 2012 103 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 11 April, 2012 be adopted.

4 Report and Recommendations of the Policy Review Committee Meeting held on 7 May 2012 104 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 7 May, 2012 be adopted.

3 Report and Recommendations of the Local Traffic Committee Meeting held on 7 May 2012 Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the meeting, the time being 7:50pm. 105 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 May, 2012 be adopted with the amendment to General Business Item 2 - Billington Place Car Park, Emu Plains – Provision of 4P Parking Restrictions to now read: 1. Council notes the correspondence received from the Roads and Maritime Services on behalf of Transport for NSW. 2. 28 unrestricted parking spaces within Billington Place Car Park, behind Pauls Warehouse, be signposted 2(P). 3. The businesses who signed the petitions be advised of Council’s resolution. 4. The provision of a “Park in Marked Bays” scheme along the Northern side of Railway Row not be supported.

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5. The provision of a “Park in Marked Bays” scheme, along the Southern side of Railway Road be instigated.

6. A review report to Council be prepared after 6 months.

DELIVERY PROGRAM REPORTS

A LEADING CITY

Councillor Jim Aitken OAM, returned to the meeting the time being, 7:56pm.

1 2011-12 Operational Plan - March Quarter Review 106 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on 2011-12 Operational Plan - March Quarter Review be received. 2. The 2011-12 Operational Plan Review as at 31 March 2012, including the revised estimates and revotes identified in the recommended budget outlined in this report and detailed in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary be adopted.

3 Audit Committee 107 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Audit Committee be received. 2. Mr Darren Greentree be appointed to Council’s Audit Committee as detailed in the report. 3. Council write to Professor Reid, Vice-Chancellor of the University of Western Sydney, thanking her for the nomination of Mr Greentree and advising of the appointment.

5 Council Property - Easement for Underground Cables for Endeavour Energy over Lot 700 DP 859470 being part of Surveyors Creek drainage system, Surveyors Creek Road, Glenmore Park 108 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Council Property - Easement for Underground Cables for Endeavour Energy over Lot 700 DP 859470 being

This is Page No 3 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 21 May 2012 Ordinary Meeting Monday 21 May 2012

part of Surveyors Creek drainage system, Surveyors Creek Road, Glenmore Park be received. 2. Council grant Endeavour Energy an Easement for Underground Cables 1 metre wide over Lot 700 DP 859470 Surveyors Creek Road, Glenmore Park, and Council accept compensation in the amount of $12,100 plus GST. 3. Endeavour Energy bear all reasonable costs associated with the granting of the easements. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

8 Summary of Investments & Banking for the period 1 April 2012 to 30 April 2012 109 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 April 2012 to 30 April 2012 be received. 1. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2012 to 30 April 2012 be noted and accepted. 2. The graphical investment analysis as at 30 April 2012 be noted.

Councillor Mark Davies left the meeting, the time being 8:02pm, and did not return.

2 One Association - Nomination of Council's Voting Delegates 110 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee That: 1. The information contained in the report on One Association - Nomination of Council's Voting Delegates be received. 2. Council nominate Councillors Robert Ardill, Mark Davies, Ben Goldfinch, Jackie Greenow, Kath Presdee, Prue Guillaume and John Thain to take part in the forthcoming secret postal ballot to deal with the matter of One Association, and that their names and contact postal addresses be forwarded to the Associations to form the Roll of Voters. 3. Council write to Fair Work Australia and request a ‘No Case’ for amalgamation be put forward with the forthcoming secret postal ballot.

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4 New Residents Nights 111 RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Robert Ardill That: 1. The information contained in the report on New Residents Nights be received. 2. The New Residents Nights be incorporated into Council’s civic and community events program on a 12 month trial basis with the first event taking place in November 2012. 3. Council investigate the use of corporate sponsorship for the New Resident Nights. 4. A further report be presented to Council on the practicality, both legally and physically of holding New Resident Nights in collaboration with Citizenship Ceremonies.

6 Council Property - Easement to Drain Water over Lot 55 DP 28389, No. 28 Maranie Avenue, St Marys 112 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc That: 1. The information contained in the report on Council Property - Easement to Drain Water over Lot 55 DP 28389, No. 28 Maranie Avenue, St Marys be received. 2. Council grant an easement to drain water over Open Space land on Lot 55 DP 28389, No. 28 Maranie Avenue, St Marys to benefit Lot 105 DP 28389, No. 26 Schultz Street, St Marys. 3. Payment of compensation by the applicant to Council in the amount of $7,500 be required for the granting of the easement over Lot 55 DP 28389, No. 28 Maranie Avenue, St Marys. 4. The applicant be responsible for all drainage costs, survey, legal and registration costs associated with the creation of the easement. 5. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement.

This is Page No 5 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 21 May 2012 Ordinary Meeting Monday 21 May 2012

7 Insurance Renewals 2012-13 and Flood Protection of Council Building Assets 113 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Insurance Renewals 2012-13 and Flood Protection of Council Building Assets be received. 2. Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $829,000 to Westpool for liability cover. 3. Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $507,000 to United Independent Pools. 4. Council agree to pay UIP a contribution of $209,000 to the comprehensive motor vehicle insurance pool.

5. Council Officers be congratulated for their efforts in relation to flood protection of Council buildings.

A CITY OF OPPORTUNITIES

9 Development Application DA11/1342 for proposed demolition of the existing dwelling and swimming pool and erection of a detached dual occupancy at Lot 75 DP 703021 (No. 49) Glenbrook Street, Jamisontown Applicant: Margaret J Onus; Owner: Margaret J Onus 114 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Development Application DA11/1342 for proposed demolition of the existing dwelling and swimming pool and erection of a detached dual occupancy at Lot 75 DP 703021 (No. 49) Glenbrook Street, Jamisontown be received. 2. The objection pursuant to State Environmental Planning Policy No. 1 to vary the rear boundary set back distance be supported. 3. The Development Application DA11/1342 for proposed demolition of the existing dwelling and swimming pool and erection of a detached dual occupancy at Lot 75 DP 703021 (No. 49) Glenbrook Street, Jamisontown be approved subject to the following standard and special conditions: 3.1 Standard conditions A001 – Stamped-approved plans (including landscape plan) A008 – Works to BCA requirements A009 – Residential works DCP A019 – Occupation Certificate

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B002 – AS for demolition and disposal to approved landfill site B003 – Asbestos B004 – Dust B005 – Mud/soil B006 – Hours of work D001 – Implement approved sediment and erosion control measures D009 – Covering of waste storage areas E001 – BCA compliance G003 – Section 73 Certificate G004 – Integral Energy H001 – Stamped plans and erection of site notice H041 – Hours of work L003 – Report requirements N001 – Section 94 contribution (4 separate conditions required for each applicable plan) Q010 – BASIX Certificate 3.2 A Construction Certificate shall be obtained prior to commencement of any building works 3.3 The stormwater drainage system shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Kneebone Beretta and Hall Pty Ltd, revision A, dated 13.2.12 The proposed development and stormwater drainage system shall be designed to ensure that stormwater runoff from upstream properties is conveyed through the site without adverse impact on the development or adjoining properties Engineering plans and supporting calculations for the stormwater drainage system are to be prepared by a suitably qualified person and shall accompany the application for a Construction Certificate Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the stormwater drainage system has been designed in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works

3.4 Prior to issue of a Construction Certificate, the Certifying Authority shall ensure that an additional stormwater surface pit (minimum 450 mm sq.) is located in the northern corner of the lawn area for Unit 2 and on the southern side of the landscaped garden. The stormwater surface pit is to capture and discharge any water that has accumulated by the installation of the garden edge system. The additional stormwater pit shall be connected to the proposed stormwater system

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3.5 Prior to the issue of a Construction Certificate a Roads Act application, including payment of application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works: a) Provision of a vehicular crossing/s b) Removal of redundant vehicular crossings and reinstatement of kerb and gutter

All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve. Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required) 4. Persons who have made a submission be notified of the decision. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Against

Councillor Kaylene Allison Councillor Prue Guillaume Councillor Karen McKeown Councillor Kath Presdee Councillor Greg Davies Councillor John Thain Councillor Jackie Greenow Councillor Marko Malkoc Councillor Ross Fowler OAM Councillor Ben Goldfinch Councillor Tanya Davies Councillor Jim Aitken OAM Councillor Kevin Crameri OAM Councillor Robert Ardill

A GREEN CITY

10 Investigation into opportunities for energy generation for Council and the City 115 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Investigation into opportunities for energy generation for Council and the City be received.

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2. A further report be presented to Council investigating the use of water turbines at Penrith Whitewater Stadium, Penrith Weir and Ripples. 3. A further report be presented to Council investigating the feasibility of Council facilitating involvement in a City Wide/Bulk purchase of electricity for local residents and businesses, and also information on encouraging community reduction in energy usage. 4. Council Officers be thanked for a comprehensive report.

A LIVEABLE CITY

11 Western Sydney Carpool Project - Service Agreement 116 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee That: 1. The information contained in the report on Western Sydney Carpool Project - Service Agreement be received. 2. Council enter into a Service Agreement with Western Sydney Community Forum for the management of the Western Sydney Carpool Project. 3. An allocation of $5,000 per year, for three years, (2012/13, 2013/14 and 2014/15) be approved to continue to support this initiative with funding being made available through the Car Parking/Traffic Facilities Reserve.

12 Proposal for Additional Alcohol Free Zones and Alcohol Prohibited Areas 117 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee That: 1. The information contained in the report on Proposal for Additional Alcohol Free Zones and Alcohol Prohibited Areas be received. 2. Council support the progression of a consultation period for the newly proposed Alcohol Free Zones and Alcohol Prohibited Areas outlined in this report.

13 Council's delegation to manage parking within 1km of designated train stations 118 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM That 1. The information contained in the report on Council's delegation to manage parking within 1km of designated train stations be received.

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2. Council convene an urgent meeting with the Local Members of Parliament and relevant Ministers to discuss the overall concept and control of Council car parking spaces within 1km of railway stations.

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Russell Street, Railway Overpass Councillor Ben Goldfinch requested a report to the Local Traffic Committee seeking investigation into the Railway Overpass which travels over Russell Street and the possibility of providing different options to improve safety, and to also speak to the relevant government bodies and State Member.

RR 2 Country Western Music Weekend Councillor Kevin Crameri OAM requested a report to Council investigating the option of a Major Country Western Festival being held at the Rowing Course, with parking for up to 500 caravans. Councillor Crameri OAM indicated a submission from interested parties would soon be provided to Council.

RR 3 Pot Hole Fourth Road, Berkshire Park and Repairs to Ninth Avenue Councillor Kevin Crameri OAM requested urgent repairs to a massive road failure, at Fourth Road, Berkshire Park, East of St Marys Road. Councillor Crameri OAM also requested that a memo reply be provided concerning the cost of repairs to Ninth Avenue, Llandilo, Londonderry, Berkshire Park and Werrington County.

RR 4 Major Oak Restaurant - 32 Years of Operation Councillor Marko Malkoc requested that a letter of congratulations be provided to the Major Oak Restaurant which is celebrating 32 years of operation in St Marys this year. Councillor Malkoc also requested a letter be sent to Host, Bobby Bradford who is celebrating 28 years of service to the restaurant and community.

RR 5 Penrith PCYC Fundraising Councillor Marko Malkoc requested a letter of congratulations be sent to the Penrith PCYC for raising $12,079 in their Time 4 Kids fundraiser that was held earlier this year.

RR 6 All Weather Track - Little Athletics Councillor John Thain requested a report to Council regarding the provision of an All Weather Athletics Track, the cost involved, and identification of a suitable site. Councillor Thain requested that the report should give consideration to a model that Manly Council currently has in place.

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RR 7 Penrith Valley Sports Stadium Councillor John Thain requested a report or memo to Council concerning Council investigating the development of the Werrington Sports Stadium as a sports hub, to work with the adjoining sports to share amenities and outlets. Councillor Thain requested that the Penrith Business Alliance be contacted for possible involvement in seeking expressions of interest for a food and beverage outlet at the centre.

RR 8 Childcare Centres - Enrolment Councillor Prue Guillaume requested a memo reply regarding how childcare centres are using the centralised system of enrolment for families.

RR 9 Declaration of Interests - Code of Conduct Councillor Prue Guillaume requested an urgent report to Council investigating whether Council’s code of conduct can mandate that Councillors with development interests declare that interest in LEP discussions and decisions, given the State Government’s recent decision.

RR 10 Collins Street - Footpath Councillor Greg Davies requested a report to Council concerning the provision of foot paving between Swanston Street and Koala Corner, on Collins Street, St Marys.

RR 11 Old Council Chambers, St Marys Councillor Greg Davies requested a report to Council providing an update on the old Council Chambers, St Marys, in regards to disability requirements.

URGENT BUSINESS

UB 1 Leave of Absence Councillor Prue Guillaume requested Leave of Absence from 4 June 2012 to 15 June 2012 inclusive. 119 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kath Presdee that Prue Guillaume be granted Leave of Absence from 4 June 2012 to 15 June 2012 inclusive.

UB 2 Leave of Absence Councillor Kaylene Allison requested Leave of Absence from 28 May 2012 to 8 July 2012 inclusive. 120 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that Kaylene Allison be granted Leave of Absence from 28 May 2012 to 8 July 2012 inclusive.

This is Page No 11 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 21 May 2012 Ordinary Meeting Monday 21 May 2012

COMMITTEE OF THE WHOLE

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Karen McKeown seconded Councillor Jackie Greenow that the meeting be closed to the press and the public to discuss Confidential Business as recommended in Item 1 of the report to Committee of the Whole, the time being 9:15pm.

A Leading City

2 Personnel Matter - Senior Staff Matters

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

3 Commercial Matter - Council Property - Lot 414 DP 862828 at Andromeda Drive, Cranebrook

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.

A Liveable City

4 Commercial Matter - The Temporary Carpark at Rodgers Street, Kingswood

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.

The meeting resumed at 9:31.pm and the General Manager reported that the Committee of the Whole met at 9:15pm on 21 May 2012, the following being present

His Worship the Mayor, Councillor Greg Davies, Deputy Mayor, Councillor Jackie Greenow Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

This is Page No 12 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 21 May 2012 Ordinary Meeting Monday 21 May 2012

CONFIDENTIAL BUSINESS

2 Personnel Matter - Senior Staff Matters RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Personnel Matter - Senior Staff Matters be received. 2. The recommendation of the Senior Staff Recruitment Review Committee be received and that the offer of a new Contract of Employment to the General Manager in the terms as reported by the Senior Staff Recruitment Review Committee is approved.

3 Commercial Matter - Council Property - Lot 414 DP 862828 at Andromeda Drive, Cranebrook RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Ben Goldfinch CW3 That: 1. The information contained in the report on Commercial Matter - Council Property - Lot 414 DP 862828 at Andromeda Drive, Cranebrook be received. 2. Council raise no objection to Telstra investigating the installation of a mobile telecommunication facility in relation to the existing light pole located at the Andromeda Drive Reserve at Andromeda Drive, Cranebrook on Lot 414 DP 862828. 3. Council accept the access fee in the amount as stated in the report. 4. The applicant be responsible for all survey, legal and construction costs associated with the access notice. 5. The Property Development Manager be authorised to sign an access deed for Telstra to install, operate and maintain telecommunication facilities.

4 Commercial Matter - The Temporary Carpark at Rodgers Street, Kingswood RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Ben Goldfinch CW4 That: 1. The information contained in the report on Commercial Matter - The Temporary Carpark at Rodgers Street, Kingswood be received. 2. Council endorse the amendment of the lease with Nepean Blue Mountains Local Health District for the temporary carpark on Lots 137, 138, 139 and part of 140 in DP14333 on the corner of Rodgers and Somerset Streets,

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Kingswood in accordance with the first 2 years income going to the Nepean Blue Mountains Local Health District and any future years income to be directed to Council.

ADOPTION OF COMMITTEE OF THE WHOLE

121 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Ross Fowler OAM that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 9:35pm.

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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

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MAYORAL MINUTES

Item Page

1 2012 Queen's Birthday Honours 1

2 Passing of Arthur Bennett 3

3 Penrith Swimming Centre achieves excellent safety rating 4

4 Norma Thorburn recognised in 2012 NSW Women of the Year Awards 5

5 New brand for Penrith officially launched 6

Ordinary Meeting 25 June 2012 A Vibrant City

Mayoral Minutes 1 - 2012 Queen's Birthday Honours Mayoral Minute

2012 Queen's Birthday Honours

Strategic Objective: A City with people and places that are inclusive, foster creativity, and celebrate diversity (20)

The 2012 Queen’s Birthday Honours List was announced on Monday 11 June and this year six people from Penrith City and one Blue Mountains resident with strong Penrith connections received the nation’s highest honour, recognising their outstanding achievements or service.

Wayne BUXTON AFSM

Wayne Buxton of Cambridge Park, a Centenary Medal winner in 2001, has been awarded the Australian Fire Services Medal. Mr Buxton has served as a fire-fighter for 45 years with Fire and Rescue NSW and its predecessors. He has been a mentor to aspiring young fire-fighters and after a number of tragic fires instigated new legislation to be introduced across New South Wales specific to backpacker style accommodation.

Dr James BROADBENT AM Dr Broadbent of Mulgoa was recognised for his efforts to preserve Australia’s built heritage through his work with the New South Wales Branch of the National Trust of Australia, the Historic Houses Trust of NSW, Lyndhurst Conservation Resource Centre, Rouse Hill House, Elizabeth Farm and Elizabeth Bay House. He is a historian, conservationist, academic and researcher and has written seven books as well as many papers and journal articles. He is also a public lecturer on Australian architectural and social history, and the preservation and restoration of Australian colonial houses and gardens.

Mrs Dianne GIBLIN AM Mrs Giblin of Werrington Downs was recognised for her service to public education, particularly through the Federation of Parents' and Citizens' Association of New South Wales, and to the community. Improving public education has been Mrs Giblin’s life long passion and she has campaigned tirelessly in her roles within the Australian Council of State School Organisations, Primary Ethics Ltd and Public Education Foundation. She also advocated for the establishment of a local university in Western Sydney.

Mrs Lily COWEN OAM Mrs Cowen of Lapstone, a Penrith Wall of Achievement Award winner in 1999, was recognised for her service to the community through a range of charitable, arts and music organisations. Mrs Cowen has coordinated many fundraising events in her roles within Zonta Club Nepean Valley and Penrith Regional Gallery and the Lewers Bequest. Mrs Cowen has contributed to the theatrical and musical enjoyment of local residents as Honorary Treasurer and Accompanist for the Nepean Concert Singers for 20 years and as a Member of the Nepean District Music Club. She has also been a member of the City of Penrith Eisteddfod Society since 1989 and has served as President, Vice-President and Vocal Convenor.

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Mrs Dulcie Ruth HARRISON OAM and Mr Neiven Maxwell HARRISON OAM Mr and Mrs Harrison of Kingswood were both recognised for their service to the communities of Kingswood and Mount Druitt. Mr and Mrs Harrison founded the Kingswood Neighbourhood Centre and both volunteered at the centre for over 10 years. They have been heavily involved in community campaigns, including the delivery of the Mount Druitt Hospital. They have devoted much of their lives to their local community and have made significant contributions through the Mount Druitt Hospital Auxiliary, the Kingswood Traders Association and Penrith/St Marys Community Safety Precinct Committee.

Mr Maxwell Leslie LAUGHTON OAM Mr Laughton of Penrith, a 2001 Centenary Medal and a Penrith Wall of Achievement Award recipient, was recognised for his service to the community and to the sport of harness racing. Mr Laughton has been actively involved in the sport since he was 24 years old. He founded the Penrith Harness Racing Club in 1964, and has helped to promote and advance the sport as a Harness Racing NSW board member. Mr Laughton is also actively involved in the local Penrith community through the Penrith Agricultural, Horticultural and Industrial Society and the Penrith Show Society.

I’d like to congratulate each of these individuals on this well-deserved recognition and thank them for their outstanding contributions to Penrith City and our community.

Councillor Greg Davies Mayor

Recommendation RECOMMENDATION

That the Mayoral Minute on 2012 Queen's Birthday Honours be received.

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2 - Passing Of Arthur Bennett Mayoral Minute

Passing of Arthur Bennett

Arthur Bennett OAM, who served on Council from 1960 to 1968 and dedicated his life to the Penrith community where he lived for almost 80 years, passed away on 26 May aged 96.

Arthur was a local businessman and founder of the South Penrith Rotary Club who was respected and loved by all who knew and worked with him. Known for his adventurous spirit and love of helping others, he was passionate about this area and volunteered a lot of his time, energy and expertise to community activities and organisations. He served as President of the Penrith Branch of the Crippled Children’s Society and was a driving force behind raising community contributions towards Penrith War Memorial Swimming Pool.

Arthur earned a Medal of the Order of Australia in 2006 for service to the community, particularly through service groups, local government and support for people with a disability.

On behalf of Council I offer our deepest sympathy to his family – his children Stephen and Dawn and his grandchildren and great-grandchildren - and to his many friends.

Councillor Greg Davies Mayor

Recommendation RECOMMENDATION

That the Mayoral Minute on Passing of Arthur Bennett be received.

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3 - Penrith Swimming Centre Achieves Excellent Safety Rating Mayoral Minute

Penrith Swimming Centre achieves excellent safety rating

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

I am extremely pleased to announce that Penrith Swimming Centre continues to be an industry leader in providing safe aquatic services. The recently completed annual Royal Life Saving Society Aquatic Facility Safety Assessment gave the Centre a 95.65% score. This score exceeded the national mean score of 83.3% and the Sydney mean of 91.8%. This achievement also means that the facility retains its five star safety accreditation rating.

I would like to thank, and congratulate, all of the dedicated staff at Penrith Swimming Centre for the tremendous amount of hard work that has been put into achieving this score and for their dedication to continuous improvement in service delivery. In 2010, the first year that a Royal Life Saving Audit was undertaken, the Centre scored 86.41%. During the past two years, the staff have worked tirelessly to implement the improvement plan outlined by the Royal Life Saving Society. These efforts have been justly rewarded in this year’s score which is the highest the Centre has achieved to date.

In its 50th year of operation it is great to see Penrith Swimming Centre go from strength to strength. This summer has been particularly challenging with the extreme wet and cold weather. However the staff at the Centre have always responded positively continuing to provide a commitment to the facility and its customers. In particular, during the flood events early this year, the staff should be commended for attending the centre until the early hours of the morning and cleaning up the venue so quickly that it was able to be reopened only three days after being under water.

There is a high level of responsibility attached to operating aquatic facilities safely. I congratulate the staff at Penrith Swimming Centre for achieving its Royal Life Saving Audit rating. It is fantastic that at Centre which generates over 140,000 visits annually, customers can be assured that the staff are so committed to achieving the highest possible safety standards.

Councillor Greg Davies Mayor

Recommendation RECOMMENDATION

That the Mayoral Minute on Penrith Swimming Centre achieves excellent safety rating be received.

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4 - Norma Thorburn Recognised In 2012 Nsw Women Of The Year Awards Mayoral Minute

Norma Thorburn recognised in 2012 NSW Women of the Year Awards

Strategic Objective: A City with people and places that are inclusive, foster creativity, and celebrate diversity (20)

I would like to congratulate life-long St Marys resident Norma Thorburn on winning the Local Woman of the Year Award for the Mulgoa Electorate in the 2012 NSW Women of the Year Awards. This award recognises the significant contribution she has made to the local community.

Norma was honoured on Council’s Wall of Achievement in 2002 for her service to the community, and was Penrith’s Citizen of the Year in our 2005 Australia Day Awards. She has dedicated so much of her life to St Marys and its people, including through the St Marys Historical Society, the St Marys Spring Festival, the St Marys Development Committee, St Marys South Public School and Council’s Heritage Committee.

Norma’s local knowledge, energy and dedication to her local community are legendary. It is great to see another of our residents receive well-deserved recognition for making our City a better place.

Councillor Greg Davies Mayor

Recommendation RECOMMENDATION

That the Mayoral Minute on Norma Thorburn recognised in 2012 NSW Women of the Year Awards be received.

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5 - New Brand For Penrith Officially Launched Mayoral Minute

New brand for Penrith officially launched

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

The new brand for Penrith declares people are our City’s finest asset and that was certainly proven true at the official launch at the Joan Sutherland Performing Arts Centre on 1 June. The launch, attended by NSW Premier Barry O’Farrell and a host of local dignitaries and community representatives, was an extremely proud day for our community and Council.

The new brand is bold and was developed with the community, for the community. It is already being embraced by business and community groups. Mr O’Farrell commended Penrith’s stance and said it was an example of the competitiveness and confidence he wanted to see throughout NSW.

The new brand will help bring business, investment and jobs to Penrith. Speaking at the launch were business, political and community representatives emphasising the strengths and can-do attitude of our people. All gave a strong picture of our City’s rich heritage and why this is a great place to live, work, invest and play.

I’m proud to be Mayor of a City that knows what it wants and isn’t afraid to go after it. We are truly a City putting ourselves on the world map. This is demonstrated through our growing regional and international partnerships and information exchanges, such as the recent City Talk with guest speaker Toby Compton from Nashville, and the visit by a childcare delegation from Gang-seo, Korea.

I look forward to seeing the Penrith community and Council bring our new brand to life. I would like to commend Council’s Corporate Communications and Marketing team, whose tireless work exemplifies that can-do attitude. I am sure the launch and the Penrith it portrayed will live in many people’s memories for years to come.

Councillor Greg Davies Mayor

Recommendation RECOMMENDATION

That the Mayoral Minute on New brand for Penrith officially launched be received.

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REPORTS OF COMMITTEES

Item Page

1 Report and Recommendations of the Local Traffic Committee Meeting held on 4 June 2012 1

2 Report and Recommendations of the Policy Review Committee held on 4 June 2012 11

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Reports Of Committees 1 - Report And Recommendations Of The Local Traffic Committee Meeting Held On 4 June 2012 REPORT AND RECOMMENDATIONS OF THE LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 JUNE, 2012

PRESENT Michael Alderton – Road Network Services Engineer (Chairperson), Senior Constable Mark Elliott – St Marys Police, Matthew Sherrington – Penrith Police, James Suprain – Roads and Maritime Services, Wayne Mitchell – Group Manager – City Infrastructure, Daniel Davidson – Road Safety Co-ordinator, Emma Lawton – Trainee Engineer, Ruth Byrnes – Senior Traffic Officer.

APOLOGIES Adam Wilkinson – Engineering Services Manager, David Drozd – Senior Traffic Engineer, Deputy Mayor – Councillor Jackie Greenow, Constable Bill Pearson – Penrith Police.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 May 2012 The minutes of the Local Traffic Committee Meeting of 7 May 2012 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

A LIVEABLE CITY

1 Major Traffic Facilities Program 2012/2013 RECOMMENDED That: 1. The information contained in the report on Major Traffic Facilities Program 2012/2013 be received. 2. The following projects listed for construction under the 2012/2013 Major Traffic Facilities Program be noted: a. Swallow Drive, Erskine Park – Slow Point b. Greenbank Drive, Werrington Downs – Slow Point c. Coonawarra Drive/Bennett Road, St Clair – Pedestrian Facility d. Monfarville Street/Swanston Street, St Marys – Pedestrian facility e. Copeland Street/Phillip Street, Kingswood – Pedestrian facility 3. If the detailed cost estimates for projects are higher than listed in the table, the lower ranked projects be deferred to future programs.

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4. All designs be referred back to the Local Traffic Committee for endorsement prior to construction.

2 Manning Street, Kingswood - Proposed Installation of 'Bus Zone' Signage at Existing Bus Stop RECOMMENDED That: 1. The information contained in the report on Manning Street, Kingswood - Proposed Installation of 'Bus Zone' Signage at Existing Bus Stop be received. 2. The existing ‘Bus Stop’ on the western side of Manning Street, at the intersection with Second Avenue, be signposted and formalised as an 18m ‘Bus Zone’ commencing approximately 42m north of the intersection with Edna Street and ending approximately 20m south of the intersection with Second Avenue. 3. Adjoining residents and relevant bus company be advised of Council’s resolution. 4. Westbus be requested to relocate the existing ‘Bus Stop’ pictogram sign to match the proposed ‘Bus Zone’.

3 Bringelly Road, Kingswood - Proposed 'No Stopping' Zone Fronting Kingswood High School RECOMMENDED That: 1. The information contained in the report on Bringelly Road, Kingswood - Proposed 'No Stopping' Zone fronting Kingswood High School be received. 2. Timed ‘No Stopping’ restrictions (8:00am to 9:30am and 2:30pm to 4:00pm School Days) be installed on Bringelly Road at the eastern and western side of the grassed traffic island, fronting the bus bay at Kingswood High School. 3. Kingswood High School’s principal be advised of Council’s resolution.

4 DEFQON.1 Music Festival - Sydney International Regatta Centre, Saturday 15 September 2012 RECOMMENDED That: 1. The information contained in the report on DEFQON.1 Music Festival - Sydney International Regatta Centre, Saturday 15 September 2012 be received. 2. The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4

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August 2006, for the DEFQON.1 Music Festival to be held on Saturday, 15 September 2012 be endorsed, subject to the following conditions: (a) The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events” and that all conditions and requirements specified in the Guide must be complied with prior to the event. (b) Approval be given for the temporary closures of roads listed in Traffic Management Plan, subject to Roads and Maritime Services approval as required. (c) A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event. A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event. (d) The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 form under the Summary Offences Act to the NSW Police prior to the event. A copy of the NSW Police approval must be submitted to Council prior to the event. (e) A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event. (f) The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Control Plan indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification. (g) The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001. (h) The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event and provide Variable Message Signs in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c. (i) The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration. Satisfactory arrangements must be made to address such concerns to allow the event to proceed. (j) The event organiser notify ambulance and fire brigade (NSW Fire Brigade and RFS) and SES for the proposed event and submit a copy of the notification to Council prior to the event.

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(k) The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event. (l) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting. Temporary Mini-Loop Bus Service Stops on public roads shall be approved by the Roads and Maritime Services. In addition, lighting at these “Bus Stops” must be for pedestrian purposes and not affect driver’s vision on adjacent public roads. All proposed “Bus Stops” shall have appropriate facilities for people with disabilities. (m) The event applicant shall ensure that noise control measures are in place as required by the protection of the Environment Operations (Noise Control) Regulation 2000. (n) The event applicant shall ensure that participants obey road rules and Police directions during the event. (o) Exclusive use of the car park on the northern side of Penrith Railway Station not be granted at this time due to the construction works in this area. A further plan shall be developed by the applicant prior to the event that allows parking for commuter vehicles together with bus services for the event. The plan is to be submitted to Council officers for endorsement. (p) Council reserves the right to cancel this approval at any time.

3. The event organisers be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 Billington Place Car Park, Emu Plains – Provision of 2P Parking Restrictions (Raised Council) The Local Traffic Committee, at its meeting on 5 December 2011, considered a report on “Billington Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking Restrictions”. The report considered a request from a local business located on the Great Western Highway, Emu Plains, in the form of a petition signed by eight shopkeepers, for the provision of timed parking restrictions in the car park in Billington Place, Emu Plains.

The report advised that Emu Plains Railway Station is on the Schedule of Nominated Train Stations which prohibits Council from exercising its function in respect of the Roads and Maritime Services (RMS) delegations without separate approval from the RMS and Transport for NSW (TfNSW).

The report was subsequently referred to Council and at its Ordinary Meeting on 12 December 2011, and Council resolved:

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“LTC 123 That a further report be brought to a future Council Meeting on this item including an audit of current and future parking needs in the area including shops at the Great Western Highway.”

Subsequently, at its meeting on 13 February 2012, the Policy Review Committee considered a report on “Billington Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking Restrictions”.

The report considered the information previously provided at the Local Traffic Committee, together with information on the results of recent site inspections and comments from the RMS advising that the necessary approvals for the provision of parking restrictions could not be granted at this time.

The resolution of the Policy Review Committee was subsequently referred to Council and at its Ordinary Meeting on 20 February 2012, and Council resolved that:

“1. The information contained in the report on Billington Place Car Park, Emu Plains - Request for Provision of 4-Hour Parking Restrictions be received. 2. Council prepare a detailed submission to Transport for NSW seeking their urgent review and reconsideration of our request for the allocation of not less than 61 (4P) parking spaces in Billington Place, Emu Plains. 3. Council further write to Transport for NSW, the minister for Transport, the Minister for Roads and the local Members of Parliament to seek engagement in the review process of parking requirements around Railway Stations including Emu Plains Railway Station. 4. A detailed audit be conducted to determine the current usage and demand within the Billington Place carpark and other surrounding carparks in the vicinity. 5. Council investigates the implementation of a park in marked bay scheme along the length of Railway Row. 6. The shop owners and shop keepers who signed the petition be advised of the response from the Roads and Maritime Services and Council’s resolution.”

In accordance with Council’s resolution, a detailed submission was prepared and submitted to TfNSW seeking their review of the matter, together with undertaking a detailed parking audit of the area.

Subsequently, the Local Traffic Committee at its meeting on 7 May 2012, considered a further report on “Billington Place Car Park, Emu Plains – Provision of 4P Parking Restrictions” The report considered the findings of the detailed audit and the response from TfNSW following Council’s detailed submission. The Local Traffic Committee recommended that:

1. “Council acknowledge approval given by the Roads and Maritime Services on behalf of Transport for NSW for time restricted 24 (4P) parking spaces in Billington Place, Emu Plains. 2. 24 unrestricted parking spaces within Billington Place Car Park, adjacent to the shops, be sign posted 4(P). 3. The businesses who signed the petitions be advised of Council’s resolution. 4. The provision of a “Park in Marked Bays” scheme along Railway Row not

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supported.”

Council at its Ordinary Meeting on 21 May 2012, Council resolved that: “ the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 May 2012 be adopted with the amendment to General Business Item 2 - Billington Place Car Park, Emu Plains – Provision of 4P Parking Restrictions to now read: 1. Council notes the correspondence received from the Roads and Maritime Services on behalf of Transport for NSW. 2. 28 unrestricted parking spaces within Billington Place Car Park, behind Pauls Warehouse, be signposted 2(P). 3. The businesses who signed the petitions be advised of Council’s resolution. 4. The provision of a “Park in Marked Bays” scheme along the Northern side of Railway Row not be supported.

5. The provision of a “Park in Marked Bays” scheme, along the Southern side of Railway Road be instigated.

6. A review report to Council be prepared after 6 months.”

Subsequently, this current report considers the change from 24 4(P) timed parking spaces to 28 2(P) timed parking spaces, together with the provision of a “Park in Marked Bays” scheme along the southern side of Railway Row.

Following Council’s resolution on 21 May 2012, the 2(P) parking restriction signs have been installed in accordance with the plan shown below in Figure 1.

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Figure 1 - Authorised 2(P) Spaces

The installation of 2(P) parking restrictions in the location as shown in the plan has been approved by the RMS and TfNSW as required by the RMS delegations to Council.

Following the installation of the signage, Council has received two submissions from business operators in the local shopping strip adjacent to the Billington Place carpark.

The first submission is on behalf of four businesses who advised in part:

“we were all under the impression that the time limit would be four hours”

The petition describes the need for their business and clients to have parking in excess of 2 hours as their clients’ appointments often take in excess of two hours which means that currently clients are now forced to move their cars mid-service. In addition, the submission states:

“As you must be aware times are hard for small businesses and initially timed parking seemed like a good option due to the car park filling up with commuters. But two hours would not benefit our businesses at all. Therefore, please could you reconsider this decision as we are trying to bring business to emu plains not deter it.”

The second submission was on behalf of another business who advised, in part:

“I am writing this letter to voice my concerns about the new 2P parking that has just been placed in the first three parking rows behind my shop on Billington Place.”

The petition describes the current staff numbers at the premises and advises that the minimum roster for workers is 3 hours with no breaks. As such they do not have an opportunity to move their cars in their work time. The petition further states:

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“Now please tell me how I am meant to focus on running a profitable business if I have staff members worrying every 2hrs about having to find a new car spot so they don’t get fined instead of tending to the customers needs that I have in my store.

I think having the parking restrictions is a great idea as it limits the spaces that the commuters can use and it is giving customers and staff guarantied spaces when they need to park. But having it at a time limit of 2P is really not reasonable, a 4P parking would be a lot more realistic and mean that it would give staff and customers more time to move there car if need be.

At the end of the day we want to generate business in the Emu Plains community not turn them away.

I really hope that you reassess the issues we are having with the parking and hopefully lift the parking to 4P limit.”

As required by Council’s resolution, a review report will be prepared for consideration by Council at the end of November 2012 (in six months). The review itself will commence in June 2012 and will consider the concerns raised by the business operators in their latest submissions. The review will survey parking demand on the timed and untimed parking in Billington Place, together with demand at the three commuter car parks surrounding Emu Plains station and the existing on street parking in Billington Place and the Great Western Highway. It is considered that the businesses concerns can be reviewed and reported back to Council at that time.

In regard to the provision of a “Park in Marked Bays” scheme, a site survey and assessment is required to design the scheme in accordance with Australian Standard AS2890.5-1993. In addition, a community consultation process is required with affected property owners prior to the scheme being installed. As such, a further report will be prepared and submitted to the Local Traffic Committee for consideration at a future meeting.

RECOMMENDED

That:

1. 28 unrestricted parking spaces within Billington Place Car Park, adjacent to the shops, be signposted 2(P). 2. The businesses who made submissions be advised of Council’s resolution. 3. A further report be referred to the Committee advising the results of the Community Consultation and investigation regarding the provision of a “Park in Marked Bays” scheme in Railway Row, Emu Plains.

GB 2 Cancer Council – Relay for Life – Traffic Safety (Raised Penrith Police) The Penrith Police representative advised that the 2012 Relay for Life event had been successfully held at Howell Oval this year. The event is growing each year and may require preparation of a formal Traffic Management Plan for future events.

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RECOMMENDED

That Council write to the event organisers of the Penrith Relay for Life event and advise the organiser that a Traffic Management Plan will be required for the 2013 Relay for Life event.

GB 3 The Northern Road and Bradley Street, Glenmore Park – Lighting (Raised St Marys Police) The St Marys Police representative raised concerns in relation to the lack of lighting located at the intersection of the Northern Road and Bradley Street, Glenmore Park. St Marys Police advised that there is only one street light at the intersection.

RECOMMENDED

That Council investigate the matter.

GB 4 Glenmore Ridge, Glenmore Park – Traffic Safety (Raised St Marys Police) The St Marys Police representative raised concerns regarding the new intersections at Glenmore Ridge, Glenmore Park and requested the provision of intersection controls at the cross street intersections.

RECOMMENDED

That Council investigate the matter.

GB 5 Bringelly Road, Kingswood – Traffic Turning Issues (Raised St Marys Police) The St Marys Police representative raised concerns regarding vehicles turning right from Bringelly Road into the Great Western Highway from the left lane and requested the provision of left and right turning pavement arrows.

RECOMMENDED

That Council write to the Roads and Maritime Services requesting their investigation and advise Council and NSW Police of the outcomes of the investigation.

GB 6 Melbourne Street to Australia Street, Oxley Park – Speed Limit Reduction (Raised Roads and Maritime Services) The Roads and Maritime Services representative advised that the existing 80km/hr speed limit on the Great Western Highway, from Melbourne Street to Australia Street, Oxley Park is scheduled to be decreased to 60km/hr and the existing 70km/hr speed limit on the Great Western Highway from O’Connell Street to Santley Crescent, Kingswood is scheduled to be decreased to 60km/hr. The Penrith Police representative requested a speed count be conducted prior to the installation of the new speed zones.

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RECOMMENDED

That Council note the information and write to the Roads and Maritime Services requesting further information regarding the change and the proposed timeframe for implementation.

There being no further business the Chairperson declared the meeting closed the time being 10.00am.

Recommendation RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 June, 2012 be adopted.

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2 - Report And Recommendations Of The Policy Review Committee Held On 4 June 2012 REPORT AND RECOMMENDATIONS OF THE POLICY REVIEW COMMITTEE MEETING HELD ON 4 JUNE, 2012

PRESENT His Worship the Mayor, Councillor Greg Davies, Deputy Mayor, Councillor Jackie Greenow and Councillors Jim Aitken OAM , Robert Ardill, Kevin Crameri OAM, Mark Davies (arrived 7:11pm), Ross Fowler OAM (arrived 7:11pm), Ben Goldfinch, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Kaylene Allison for the period 28 May 2012 to 8 July 2012 inclusive. Leave of Absence was previously granted to Councillor Prue Guillaume for the period 4 June 2012 to 15 June 2012 inclusive. APOLOGIES An apology was received for Councillor Tanya Davies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 7 May 2012 The minutes of the Policy Review Committee Meeting of 7 May 2012 were confirmed.

DECLARATIONS OF INTEREST

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 2 - Rezoning Application - Land at 17-53 Caddens Road, Kingswood (The Knoll) as he owns property in the area the subject of the report.

DELIVERY PROGRAM REPORTS

A LEADING CITY

1 Proposed Adjustment of Glenmore Park Suburb Boundary to include Glenmore Park Stage 2 RECOMMENDED That: 1. The information contained in the report on Proposed Adjustment of Glenmore Park Suburb Boundary to include Glenmore Park Stage 2 be received. 2. Council conduct a community consultation process to ascertain support for the proposed suburb boundary re-alignment between Glenmore Park and Mulgoa, through advertisements and consultation with affected residents and local groups. 3. A further report be brought back to Council on the outcome of the

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community consultation process in view of submitting a proposal to the Geographical Names Board.

Having previously declared a Pecuniary Interest in Item 2, Councillor Jim Aitken OAM left the room, the time being 7:09pm.

2 Rezoning Application - Land at 17-53 Caddens Road, Kingswood (The Knoll) RECOMMENDED That: 1. The information contained in the report on Rezoning Application - Land at 17-53 Caddens Road, Kingswood (The Knoll) be received. 2. In accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000, Council endorse the Planning Proposal – Amendments to Penrith Local Environmental Plan 2010 – Caddens Knoll (attached separately) and forward it to the Department of Planning and Infrastructure seeking the issue of a Gateway Determination to commence the local environmental plan making process and the exhibition of the Planning Proposal. 3. The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal before submitting it to the Department of Planning and Infrastructure. 4. A further report be presented to Council following the public exhibition of the draft Planning Proposal advising of the outcomes of the consultation program and any recommendations relating to the adoption of the final Planning Proposal.

Councillor Mark Davies and Councillor Ross Fowler OAM arrived at the meeting, the time being 7:11pm.

3 Digital Local Government Program and Digital Economy Strategy RECOMMENDED That: 1. The information contained in the report on Digital Local Government Program and Digital Economy Strategy be received. 2. Council endorse the development of a Digital Economy Strategy, which will be incorporated into the Community Strategic Plan 2035.

A CITY OF OPPORTUNITIES

Councillor Jim Aitken OAM returned to the meeting, the time being 7:14pm.

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4 Rural Fencing RECOMMENDED that the information contained in the report on Rural Fencing be received.

5 Sydney over the next 20 years: A Discussion Paper Sustainability & Planning Manager, Paul Grimson introduced the report and gave a presentation. RECOMMENDED That: 1. The information contained in the report on Sydney over the next 20 years: A Discussion Paper be received. 2. A submission on the Discussion Paper Sydney over the next 20 years be forwarded to the Department of Planning and Infrastructure based on the comments outlined in the report and any additional matters raised by Council. 3. A copy of Council’s submission be provided to all Councillors, local State Members, the Penrith Business Alliance and the Western Sydney Regional Organisation of Councils upon its completion.

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Castlereagh Road and High Street, Penrith Councillor Kevin Crameri OAM requested a report to the Local Traffic Committee concerning the design of a left turn lane, south bound on Castlereagh Road and High Street, Penrith.

CONFIDENTIAL BUSINESS

1 Presence of the Public

RECOMMENDED that that the press and public be excluded from the meeting to deal with the following matter the time being 7:37pm:

A Liveable City

2 Grave Digging Services and Internment Fees

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 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.

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The meeting moved out of confidential session at 8:04pm and the General Manager reported that after excluding the press and public from the meeting, the Policy Review Committee met in confidential session from 7:37pm to 8:04pm to consider a commercial matter.

The General Manager reported that while in confidential session, the Committee resolved the confidential business as follows:

CONFIDENTIAL BUSINESS

2 Grave Digging Services and Internment Fees RECOMMENDED CW2 That: 1. The information contained in the report on Grave Digging Services and Internment Fees be received. 2. Council’s Cemeteries Policy be amended to include a clause that states all grave digging services in Council’s cemeteries be carried out by Council’s preferred contractor selected through a competitive tendering process.

3. A further report be presented to Council on the future of Council grave digging services, following the expiry of Council’s current contract.

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

Recommendation RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 4 June, 2012 be adopted.

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Delivery Program Reports DELIVERY PROGRAM REPORTS

Item Page

A LEADING CITY

1 Adoption of Council's 2012-13 Operational Plan 1

2 Making of the Rate 12

3 Audit Committee 26

4 Additional Member for United Independent Pools 31

5 Remuneration Tribunal Determination for Mayor and Councillors for 2012/2013 35

6 Procedural Matters - Panthers Planning Proposal Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 60

7 Council Property - Extiguishment of Obsolete Easement for Pipeline and Right of Way that benefits Council land at Lot 422 DP706223, No. 27 Park Road, Wallacia 62

8 Sponsorship of Jessica Fox to promote Penrith and Penrith Whitewater Stadium 65

9 Summary of Investments and Banking for the period 1 May to 31 May 2012 67

A GREEN CITY

10 Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands 77

A LIVEABLE CITY

11 Penrith Football Stadium Master Plan and Working Party 81

12 Great River Walk successful grants 88

13 Draft Penrith Accessible Trails Hierarchy Strategy (PATHS) 92

14 Federal Nation Building Black Spot Program and Road Toll Response Package 2012/13 - Funding Offer 96

15 Local Government Road Safety Program – Roads & Maritime Services Grant Funding 2012-2013 99

A VIBRANT CITY

16 Penrith and St Marys Centres Management Review Implementation - Governance Changes 105

A LEADING CITY

Item Page

1 Adoption of Council's 2012-13 Operational Plan 1

2 Making of the Rate 12

3 Audit Committee 26

4 Additional Member for United Independent Pools 31

5 Remuneration Tribunal Determination for Mayor and Councillors for 2012/2013 35

6 Procedural Matters - Panthers Planning Proposal Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 60

7 Council Property - Extiguishment of Obsolete Easement for Pipeline and Right of Way that benefits Council land at Lot 422 DP706223, No. 27 Park Road, Wallacia 62

8 Sponsorship of Jessica Fox to promote Penrith and Penrith Whitewater Stadium 65

9 Summary of Investments and Banking for the period 1 May to 31 May 2012 67

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A Leading City 1 - Adoption Of Council's 2012-13 Operational Plan

1 Adoption of Council's 2012-13 Operational Plan

Compiled by: Geraldine Brown, Budget Accountant Graham Pares, Acting Operational Plan Coordinator Authorised by: Andrew Moore, Acting Group Manager - Finance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that behaves responsibly and ethically (5) Outcome Strategic Champion accountability and transparency, and responsible and ethical Response behaviour (5.1)

Executive Summary In accordance with section 405 of the Local Government Act (1993), Council placed its draft Operational Plan 2012-13 on public exhibition from 8 May to 4 June 2012 (28 days). The preparation of the Draft 2012-13 Operational Plan draws upon the extensive community engagement that was carried out for the preparation of the Delivery Program 2009-13, the feedback received after exhibition for each of the subsequent Operational Plans and the specific engagement activities undertaken for key decision steps such as the application for the Special Rate Variation in 2011. The draft Operational Plan 2012-13 represents the final instalment of the Delivery Program 2009-13.

The exhibition process undertaken included on-line exhibition of the documents, contact points established at child care centres, neighbourhood and community centres and hardcopy documents and submission forms at Council libraries and the Council offices at Penrith and St Marys. The exhibition was supported through advertisements on local radio stations, in local papers and notification in the Mayoral column.

Analysis of the usage of the on-line exhibition process demonstrates that the level of engagement is similar to previous years. Three formal submissions were received during the exhibition period, with no substantive changes required for the Draft Operational Plan. A detailed list of these submissions and responses is provided in Appendix 1.

There were however a small number of budget adjustments required to be made to the draft Operational Plan, such as the inclusion of the March 2012 revotes and outcomes of Council decisions during the exhibition period. More significant budget adjustments are detailed later in this report and a complete listing is provided in Appendix 2. After incorporating these adjustments a balanced budget is proposed for 2012-13.

This report seeks Council’s formal adoption of the 2012-13 Operational Plan and approval for the expenditure of the budget as outlined in the Plan.

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Background In accordance with section 405 of the Local Government Act (1993), Council placed its draft Operational Plan 2012-13 on public exhibition from 8 May to 4 June (28 days). This report summarises the public exhibition process, the submissions received and proposed responses to the submissions.

Public Exhibition

The public exhibition process encouraged community feedback on both parts of the draft Operational Plan, that is,

 Part A : Operational Plan (including Service Plans, Budget, Revenue Policies and Special Initiatives)  Part B : Fees and Charges 2012-13

The community had opportunity to view and comment on the draft Plan during the exhibition period through a number of engagement opportunities, primarily focussed in on-line engagement. The exhibition was supported by weekly advertisements in local papers and announcements on the local radio station (Vintage FM). These opportunities included:  Hardcopies of the draft plan (both parts) were publicly exhibited at all Council libraries and at the Council offices at Penrith and St Marys, with accompanying “Have your Say” submission forms. Contact points were established at child care centres, neighbourhood and community centres and CD copies of the documents were provided upon request.  Copies of the draft plan and supporting documents were available on the internet, through www.ourfuture.com.au/draftoperationalplan which could be accessed directly, or through a link from Council’s main website. An on-line submission form was also available at this website.  An on-line forum, which was run throughout the exhibition period by ‘Bang the Table’ at www.ourfuture.com.au/draftoperationalplan, also provided the web community and visitors opportunity for informal comment and discussion about the draft Plan.

The main focus of the exhibition was the on-line forum. Analysis of the usage of that forum indicates that the level of engagement is similar to that in previous years, as demonstrated in the following table.

Website Statistics Public Exhibition Public Exhibition Public Exhibition 2010 2011 2012 No.of visitors 447 571 531 Page views 2,838 3,026 2,959 Aver. time on site 5 min 21 sec 2 min 59 sec 2 min 38sec No. of documents 594 416 763 downloaded  Draft Community  Draft 2011-12  Draft 2012-13 Most downloaded Strategic Plan Operational Plan Operational Plan documents  Draft Fees &  Draft Fees &  Draft Fees &

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Charges 2010-11 Charges 2011-12 Charges 2012-13  Draft 2010-11  Proposed Budget Operational Plan Reductions for 2011-12

Submissions Received

During the public exhibition period, a total of 3 formal submissions were received. The submissions are general in nature and the proposed response to each submission does not require any substantive change to the Draft Operational Plan. A full list of the submissions and proposed responses is included in Appendix 1.

As identified in the report proposing exhibition of the Draft Operational Plan 2012-13, this Plan has been prepared as the final instalment of the 2009-13 Delivery Program. It draws upon the four years of engagement undertaken to prepare these documents, the substantive engagement undertaken for the Special Rate Variation and reflects the on-going development of tasks and activities over 3 subsequent Operational Plans.

Changes to Part A: Budget Adjustments The financial estimates included in the exhibited draft 2012-13 Operational Plan were based on the best information that was available at the time. During the exhibition period, further budget adjustments have been required as a result of Council decisions or as additional information has emerged.

The exhibited draft Operational Plan 2012-13 presented a balanced budget. During the exhibition period a small number of adjustments have been made with a balanced budget maintained, if Council chooses to adopt all the proposed recommendations contained in this report.

At the Ordinary Meeting on 21 May 2012, Council adopted the March 2012 Quarterly Review which included revotes totalling $1.6m for capital works and $281,701 for operational works. The Draft Operational Plan 2012-13 now incorporate these revotes.

There have only been a small number of resolutions made by Council during the exhibition period that have had a financial impact on the 2012-13 budget position. In particular, the 2012-13 budget now includes an allocation for the Great River Walk - Stage 7a Phase 3 derived from an earlier Council report during 2010-11. The final 2012-13 budget will also be adjusted to reflect the outcomes of any Council resolutions that may be made tonight.

Provided in Appendix 2 is a complete list of all budget changes that have occurred during the exhibition period. The more significant changes to the budget not previously reported to Council are detailed below with their impact on the budget surplus, with the impacts – favourable (F) or unfavourable (U) – indicated where applicable.  Inclusion and Professional Support Program – (No effect)

Over the past 6 years, Penrith City Council has received grant funding from the Department of Employment, Education and Workplace Relations (DEEWR) to operate the Sydney North West Inclusion Support Agency covering Penrith, Blue Mountains and Hawkesbury Local

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Government Areas. This agency has been dedicated to building the capacity of eligible services to include children with an Aboriginal and Torres Strait Islander (ATSI) background, children from Cultural and Linguistically Diverse backgrounds (CALD), refugees and children with disabilities in the region. Earlier this year, the Council’s Children’s Services Department lodged an expression of interest to operate the Sydney North West Inclusion Support Agency for 2013-2016. Following a very competitive process, the Sydney North West Inclusion Support Agency will be auspiced by another organisation for the next three years.

 Plant Maintenance – (No Effect) Internal plant charges were increased by $175,000 to reflect the anticipated cost of running and maintaining Council’s plant items. This includes increases to tyres and other replacement parts ($137,000), fuel and oil ($30,000), and insurance ($8,000). The additional costs are recovered against funded projects using internal plant hire rates with no effect to the budget position.  Domestic Waste- (No Effect) Two elements of the Domestic Waste Services budget have been revised to reflect current information.

The first variation is for a revised estimate of tonnages for Cleanups in 2012-13 with an increase of 1,250 tonnes (48%) on the initial 2012-13 estimates. This revised estimate is based on current trends with funding for the $237,500 increase to be provided from the Waste Reserve.

The second variation to the Domestic Waste Budget relates to tipping costs that have now been advised. Adjustment to estimates for Normal Cleanups -Tipping costs is required as the tipping charge for cleanups has now been advised by SITA to be $190 per tonne, which is 7% ($34,375) greater than initial 2012-13 estimates. In addition the EPA levy component of tipping costs which had previously been estimated has now been advised at $95.20 per tonne which is an increase of 0.5% ($12,420). Funding for these increases is to be provided from the Waste Reserve. Capacity exists within the Waste Reserve to meet their two unplanned expenditure cost increases.  People & Places Group- EEP/SRV Sustainability Initiatives Program – ($110,000 F) The Environmental Enhancement Program (EEP) final year is 2011-12, with certain elements to be continued in 2012-13 under the SRV Sustainability Initiatives Program. Recurring savings have been identified during the exhibition period to replace general revenue which had initially been included in the Draft 2012-13 budget to fund continuing components of the EEP program.  Transfer to Asset Reserve - ($129,546 U) It is proposed to transfer to Reserve the available funds at the end of the Exhibition period to provide for significant movements in current assumptions. Areas that may be affected include the Financial Assistance Grant (currently estimated to increase by 3% on actual 2011-12), Government Levies, and the extent of the impact of the carbon price. This will also provide Council with capacity to respond to any additional priorities that may emerge during 2012- 13.

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 Other – ($19,546 F) Other variations totalling $19,546 (favourable) have combined with the above to maintain a balanced budget.

The Making of Rates and Charges This matter is addressed in a separate report in tonight’s business paper Changes to Part B ~ Fees and Charges A small number of changes to the draft 2012-2013 Fees and Charges have been proposed during the exhibition period. Provided in Appendix 3 is a complete list of all proposed changes to the draft Operational Plan 2012-2013 Part B ~ Fees and Charges. Of these changes there are three new fees proposed below:

 Under OOSH Centres in Children’s Services two additional fees, “Vacation Care (Incursion)” and “Vacation Care (Excursion)” have been added to the period 1 January 2013 – 30 June 2013.

 A new fee, “Wireless Internet Access”, is proposed for the Library Computer Centre to be set at $3.50 per day (capped at 500mb). This fee is to recover the monthly charges associated with providing the service.

Other changes include:  In Financial Services, “Interest on overdue rates and charges” has been reduced from 11% to 10% as provided by the DLG.

 Under Records Management, “Building Plans – Reproduction Charges” have been removed due to records having a closed access direction, making them not available to the public under s.51 of the State Records Act 1998.

 A new condition has been added to St Clair Leisure Centre and Penrith Swimming Centre giving the Recreation Manager the discretion to add or vary prices for promotional activities.

 Under the Development Contribution Rates Re-Calculated Quarterly section, four contributions with the heading “Open Space and Community per Person” have been added to Werrington Enterprise Living and Learning Precinct.

There are also a small number of spelling and grammatical corrections to the contents and index pages.

Conclusion The public exhibition of the draft Operational Plan has been able to capture and present comments and feedback received from our communities and stakeholders during an extensive engagement program. The draft 2012-13 Operational Plan, as directed by Council, represents a comprehensive address to the final year of the four year Delivery Program set by this Council.

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After consideration of the submissions made in respect to the draft Operational Plan, and of the proposed variations, Council needs to adopt its Operational Plan for 2012-13, including such variations to that originally exhibited as it decides on, in order to comply with the legislative requirements under the Local Government Act 1993, Local Government (General) Regulation 2005 and Local Government Amendment (Planning and Reporting) Act 2009.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Adoption of Council's 2012-13 Operational Plan be received. 2. Those projects in the 2011-12 Operational Plan, which were approved by Council in the March Quarter Review 2012 to be carried forward, be added to the adopted Operational Plan for 2012-13. 3. Council approve for expenditure the budget as detailed in the 2012-13 Operational Plan, and on that basis formally vote these funds for the 2012-13 financial year.

ATTACHMENTS/APPENDICES 1. Public Submissions 1 Page Appendix 2. Proposed Amendments to Exhibition Document 2 Pages Appendix 3. Fees & Charges Proposed Amendments to Exhibited Document 2 Pages Appendix

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Ordinary Meeting 25 June 2012 Appendix 1 - Public Submissions

Public Submissions

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Ordinary Meeting 25 June 2012 Appendix 2 - Proposed Amendments to Exhibition Document

Proposed Amendments To Exhibition Document

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Ordinary Meeting 25 June 2012 Appendix 3 - Fees & Charges Proposed Amendments to Exhibited Document

Fees & Charges Proposed Amendments To Exhibited Document

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2 - Making Of The Rate

2 Making of the Rate

Compiled by: Matthew Saunders, Rates Administration Officer Authorised by: Andrew Moore, Acting Group Manager - Finance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that behaves responsibly and ethically (5) Outcome Strategic Champion accountability and transparency, and responsible and ethical Response behaviour (5.1)

Executive Summary Following the adoption of the 2012-13 Operational Plan to be considered in a separate report at tonight’s Council’s meeting, Council is further required to make the Rates and Charges for 2012-13 (Section 535 of the Local Government Act 1993).

Current Situation The following resolutions need to be formally adopted by Council to make the Rates and Charges for 2012-13.

The rates and charges proposed are made in line with adopting the full increase approved by IPART for 2012-13. The report recommends that the information be received and that the 2012-13 rates and charges be made as outlined. Further details and information on rates and charges can be found in Appendix 1 to this report.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Making of the Rate be received 2. Ordinary Rate In accordance with Section 535 of the Local Government Act 1993, an ordinary rate named Residential ordinary in accordance with Section 543(1) of point four zero nine zero two (.40902) cents in the dollar being ad valorem amount on the land value of all rateable land in the City categorised as residential under Section 493 and that an ordinary rate named Farmland ordinary of point two zero four five one (.20451) cents in the dollar on the land value of all rateable land in the City categorised as farmland and that an ordinary rate named Business ordinary of point seven one one four eight (.71148) cents in the dollar on all rateable land in the City categorised as business and that an ordinary rate being a subcategory of Business rate named Penrith CBD Rate of point eight one four two two (.81422) cents in the dollar and that an ordinary rate being a subcategory of Business rate named St Marys Town Centre Rate of one point zero nine eight

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zero eight (1.09808) cents in the dollar be now made for the period 1 July 2012 to 30 June 2013 subject to a minimum rate under Section 548(5) of seven hundred and seventy two dollars and fifteen cents ($772.15) in respect of each separate parcel of land categorised as Residential and Farmland and that each separate parcel of land categorised as Business or as a subcategory of Business be subject to a minimum rate under Section 548(5) of the Local Government Act, 1993 of nine hundred and eighty eight dollars ($988.00).

3. Service of Rate Notices The rate or charge for the 2012-13 rate year be levied on the land specified in a rates and charges notice by the service of that notice, and the General Manager be and is hereby authorised, to prepare and serve such notice for and on behalf of Council.

4. Charges The charges attached to the report to the Ordinary meeting on 25 June 2012, titled Making of Rates and Charges for 1 July 2012 to 30 June 2013, be made (see attachment).

5. Interest For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act, 1993, Council make the interest charge for 2012-13 ten percent (10%) per annum.

6. Pension Rebate All eligible pensioners under Section 575 of the Local Government Act, 1993 be granted a rebate of 50% of the ordinary rate and domestic waste management service up to a maximum of $250.00 under Section 575(3) of the Local Government Act, 1993.

ATTACHMENTS/APPENDICES 1. Making of the Rates and Charges 12 Pages Appendix

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Ordinary Meeting 25 June 2012 Appendix 1 - Making of the Rates and Charges

Making Of The Rates And Charges

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3 - Audit Committee

3 Audit Committee

Compiled by: Peter Browne, Internal Auditor Authorised by: Stephen Britten, Group Manager - Legal & Governance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that behaves responsibly and ethically (5) Outcome Strategic Champion accountability and transparency, and responsible and ethical Response behaviour (5.1)

Executive Summary This report provides information on the meeting of the Council’s Audit Committee held on 6 June 2012.

Background The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter. The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council four times, the most recent being on 19 July 2010.

The NSW Local Government Internal Audit Guidelines (issued September 2010) provide that:

An audit committee plays a pivotal role in the governance framework. It provides councils with independent oversight and monitoring of the council’s audit processes, including the council’s internal controls activities.

Current Situation The Audit Committee met on 6 June 2012. This is the twentieth meeting of the committee and the first meeting for the newest member, Darren Greentree, who was appointed at the Ordinary Meeting of 21 May 2012.

Chairperson Frank Gelonesi (centre) welcomes Darren Greentree (left) to the Audit Committee. The appointment of Mr Greentree to replace Professor Robert Coombes continues the cooperative relationship between Council and the University of Western Sydney.

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The Audit Committee adopted the draft minutes of the prior meeting (as provided to Council on 26 March 2012) without alteration. The Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council and a copy of the draft minutes of the last meeting are attached to this report.

The Audit Committee discussed preparations for the 2011/12 Annual Financial Statements, audit programs and governance issues. The main item of business was a discussion of a review of Council’s Internal Audit function by a major accounting firm. The consultants found that “overall, the Internal Audit function is relatively mature. It compares favourably within the Local Government sector …”

Recommendation RECOMMENDATION That the information contained in the report on Audit Committee be received.

ATTACHMENTS/APPENDICES 1. Minutes of Audit Committee Meeting 3 Pages Appendix

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Ordinary Meeting 25 June 2012 Appendix 1 - Minutes of Audit Committee Meeting

Minutes Of Audit Committee Meeting UNCONFIRMED MINUTES OF THE AUDIT COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH ON WEDNESDAY 6 JUNE 2012 AT 8:05 AM

PRESENT Councillor Ross Fowler OAM, Frank Gelonesi (Chairperson) , Darren Greentree, Jayant Gulwadi (Deputy Chair), and Councillor Kath Presdee.

Alan Stoneham (General Manager), Peter Browne (Internal Auditor), Barry Husking (Director), Stephen Britten (Group Manager – Legal and Governance), Vicki O’Kelly (Group Manager – Finance), Andrew Moore (Financial Services Manager), Chris Gardner (Information Management and Technology Manager), and Denis Banicevic (PricewaterhouseCoopers).

WELCOME The Chair welcomed the new member of the Audit Committee, Darren Greentree, to his first meeting.

APOLOGIES Apologies were received from His Worship the Mayor Councillor Greg Davies, and Councillor Jim Aitken OAM.

CONFIRMATION OF MINUTES - Audit Committee Meeting - 7 March 2012 AUC 6 RESOLVED on the MOTION of Councillor Kath Presdee seconded Jayant Gulwadi that the minutes of the Audit Committee Meeting of 7 March 2012 be confirmed.

DECLARATIONS OF INTEREST Nil

DELIVERY PROGRAM REPORTS

A Leading City A LEADING CITY

1 2011-12 Financial Statements Andrew Moore advised the Audit Committee on preparations for the 2011/12 Financial Statements. The transition to Fair Value was completed last year. New valuations will be required at least every five years. Next financial year there will be a revaluation of Land Under Roads and the valuation will be done around Christmas. An update of the NSW Local Government Code of Accounting Practice is expected shortly and based on the contents of the draft version, no significant changes are expected.

Denis Banicevic arrived at 8:10 am.

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Ordinary Meeting 25 June 2012 Appendix 1 - Minutes of Audit Committee Meeting was discussed. It was noted some councils do this. Council Officers were aware of old legal advice that interest could only be charged if the s94 fund formally borrowed from a financial institution. Council’s Legal section is reviewing if that remains the situation given changes to legislation and that more recent Contribution Plans are constructed on a different basis.

AUC 7 RESOLVED on the MOTION of Jayant Gulwadi seconded Frank Gelonesi that the information contained in the report on 2011-12 Financial Statements be received.

2 External Review of the Internal Audit Function Stephen Britten introduced the report and advised the Audit Committee that there were a few actions that should be carried out in response to the consultant’s report. That report is being brought to the Committee now, and the results of actions in response are intended to be brought to the October 2012 meeting. Those matters include tidying up documents, the need to scope Internal Audit work more fully, putting some extra resources into bringing the program up to date, considering if the Internal Auditor is being diverted from key matters, and creating a formal and systematic process for obtaining feedback from stakeholders to audits.

Barry Husking advised the Audit Committee of recent work in improving risk management. A Corporate Risk Register (for strategic risks) is being developed to compliment the Operational Risk Register.

Alan Stoneham advised the Audit Committee of how he and Barry Husking review each completed audit with the Internal Auditor and the relevant Group Managers. Alan indicated that the Audit Committee would be given a more detailed description of current practices to ensure managers gave audit recommendations appropriate attention. There was extensive discussion of follow-up on audit recommendations and of prioritisation of matters needing attention. Peter Browne advised the Audit Committee that there was no issue with high priority matters. The consultant was suggesting that the focus on high priority matters might have had the effect of allowing lower priority issues to remain unresolved longer than was appropriate.

It was noted that risk issues come up at every Audit Committee meeting. Barry Husking advised a report on risk management would be brought back to an Audit Committee meeting later this year.

AUC 8 RESOLVED on the MOTION of Jayant Gulwadi seconded Darren Greentree that the information contained in the report on External Review of the Internal Audit Function be received.

3 Standing Items Stephen Britten advised the Audit Committee of developments with regard to s94 issues and also recent governance issues.

Vicki O’Kelly answered questions on the Carbon Tax. Council does not operate a waste tip so the impact will be the indirect flow through in prices for items we purchase.

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Chris Gardner advised the Audit Committee of status with the Records Audit recommendations.

Denis Banicevic advised the Audit Committee that PricewaterhouseCoopers has experts on Internal Audit and Risk Management and that Andrew McPherson would be happy to address a future Audit Committee meeting on best practice Risk Management.

AUC 9 RESOLVED on the MOTION of Frank Gelonesi seconded Jayant Gulwadi that the information contained in the report on Standing Items be received.

General Business GENERAL BUSINESS

The date of the next meeting was discussed. It is currently set for 15 August 2012 which was understood to correspond to a week and a half into the audit of the Annual Financial Statements. The date is to be checked.

There being no further business the Chairperson declared the meeting closed the time being 9:55am.

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4 - Additional Member For United Independent Pools

4 Additional Member for United Independent Pools

Compiled by: Ken Muir, Risk Management Co-ordinator Authorised by: Andrew Moore, Acting Group Manager - Finance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that manages its finances, services and assets effectively (4) Outcome Strategic Deliver services for the City and its communities, and maintain our long term Response financial sustainability (4.1)

Executive Summary This report has been prepared to inform all members of United Independent Pools (UIP) of a significant development. Kiama Municipal Council has applied to join UIP and after diligent investigation the application has been accepted. This report recommends that this information be received and that the General Manager be authorised to sign the necessary legal documents associated with membership of UIP.

Background Council is a founding member of two local government insurance pools - Westpool and UIP.

Westpool comprises the following Local Government bodies:

.Blacktown City Council  Parramatta City Council .Blue Mountains City Council  Penrith City Council .Fairfield City Council  Shellharbour City Council (July 2011) .Hawkesbury City Council  Wollongong City Council .Liverpool City Council

Liability cover is provided through Westpool. Councillor Ross Fowler OAM has been Chairperson of Westpool for the last 17 years.

UIP was formed by members of Westpool and MetroPool to spread the risks, share resources and stabilise premiums. UIP comprises the following Local Government bodies:

 Westpool Councils  Hunters Hill Council  Auburn City Council  Lane Cove Council  Botany Bay City Council  Marrickville Council  Holroyd City Council  Rockdale City Council

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UIP facilitates insurance programs for Industrial Special Risk (Property), comprehensive motor vehicle and minor ancillary cover.

Kiama Municipal Council approached Metro Pool and UIP in December 2011. They had undertaken a review of the Statewide Service v Metro Pool claim and risk management support and decided that the Pools offered the best solution to meet their needs. They sought membership in February 2012 and their application was considered by both UIP and Metro Pool Boards. Kiama Municipal Council was offered Associate Membership status effective from 1 April 2012 and InConsult was engaged to undertake a due diligence review.

Whilst InConsult was undertaking the due diligence review, Claims Management Australasia (CMA) undertook a review of all Kiama Municipal Council’s claims. In addition, the Pools’ actuary, David Minty, considered the impact of Kiama Municipal Council’s membership on the Pools’ future contributions.

The Pools’ broker, Willis Australia, also carried out a comprehensive review of Kiama Municipal Council’s insurance wording as compared to the Pools for all lines of insurance.

Council is a founding member of Westpool and UIP. There is a strong relationship between Westpool and MetroPool and risk initiatives, information and marketing efforts are shared.

The acceptance of suitable new members will improve the position of UIP in the insurance market and contribute to strengthening risk management for all the members.

Legal documents associated with the inclusion of new members are signed by the General Manager.

Results of the Due Diligence Review InConsult was engaged to undertake a comprehensive review of Kiama Municipal Council’s operations and response to risk. This involved interviewing staff at Kiama Municipal Council and reviewing a range of documents which address the issues raised in the brief.

InConsult completed the due diligence review and submitted the report to Metro Pool and UIP and a copy of the report has been provided to all members.

InConsult has investigated each of the issues raised in the due diligence brief and is satisfied that Kiama Municipal Council is managing their risks well and poses no material risk above that expected within a normal Council operation.

Our claims management firm, CMA, has undertaken a complete review of all files and they have no history of large claims while their small to medium claims appear to be managed effectively.

Their claims reserves have been reviewed and are now consistent with our claims reserving protocols. Their claims experience is excellent and no new claims of any significance have arisen in the past 12 months. It is intended that Kiama Municipal Council will record all claims in our claims management system (CMS) and comply with procedures and practices within our claims manual.

As mentioned previously, our insurance brokers, Willis Australia, undertook a major review of Kiama Municipal Council’s policies and insurance wording. There are some minor

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differences and it is intended that the Pools incorporate the best of each policy wording into one single document for renewal in October.

Impact on Contributions Metro Pool’s actuary, David Minty of Finity Consulting, has undertaken a review of contributions factoring in the relative size of Kiama Municipal Council compared to other members and their claims experience.

The findings were reported to the special Board meetings of UIP and Metro Pool in March and it demonstrated that accepting Kiama Municipal Council as a full member would not impact existing member contributions.

The existing equity of members would not be affected and the addition of Kiama Municipal Council does not have an impact on the minimal capital requirement (MCR).

Additional Issues In considering the application for Kiama Municipal Council it is worthwhile considering some of the additional benefits all members will receive by the inclusion of a new member.

.The Pools grow through sharing knowledge, policies and procedures. Inclusion of Kiama Municipal Council will bring fresh ideas which all can benefit from.

.New membership brings new individuals who can share knowledge and skills to help manage our risks.

.Inclusion of Kiama Municipal Council increases our buying power in the insurance market which, if managed correctly, should help drive prices down.

.Metro Pool and United Independent Pools are susceptible to competition and loss of members could compromise our future. Similarly, inclusion of a member should help to strengthen our position in the market and protect us from competition.

.Inclusion of Kiama Municipal Council will bring an additional $560,300 of funds into both Metro Pool and United Independent Pools. While some of this money is used to pay insurance and running costs, up to 50% of it is retained as claims provisions and increases our investment portfolio.

Decision of Metro Pool and United Independent Pools The due diligence review has resulted in a comprehensive analysis of Kiama Municipal Council risks and their actions to manage these risks. The report has considered the impact on existing members and demonstrates that the introduction of Kiama Municipal Council will add value to our organisations and not adversely impact on existing members.

In light of the review Metro Pool and United Independent Pools have resolved to invite Kiama Municipal Council as a full member commencing 4.00pm 30 June 2012.

A letter has been forwarded to Kiama Municipal Council formally offering full membership to both Metro Pool and United Independent Pools effective 4.00pm 30 June 2012 once their existing insurance expires. Once Kiama Municipal Council has accepted the Pools’ offer a new Deed of Agreement will need to be signed by each member General Manager.

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Recommendation RECOMMENDATION That: 1. The information contained in the report on Additional Member for United Independent Pools be received. 2. The General Manager execute all necessary legal documents associated with the inclusion of Kiama Municipal Council into United Independent Pools.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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5 - Remuneration Tribunal Determination For Mayor And Councillors For 2012/2013

5 Remuneration Tribunal Determination for Mayor and Councillors for 2012/2013

Compiled by: Adam Beggs, Governance Officer Authorised by: Glenn Schuil, Senior Governance Officer

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that behaves responsibly and ethically (5) Outcome Strategic Champion accountability and transparency, and responsible and ethical Response behaviour (5.1)

Executive Summary The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW and for reviewing categories of Councils every three years.

In 2012 a review of categories took place, Penrith City Council was and remained categorised as a “Metropolitan Major” Council as is Blacktown City Council. It is interesting to note that the determination for the remuneration of those Councillors that fall within the next highest Category of “Major City” (and there are three Councils that fall within this Category, being Newcastle City Council, Parramatta City Council and Wollongong City Council) are the same as the two Councils that are in the Category “Metropolitan Major”.

The Tribunal has advised that a total of 19 submissions were received from individual councils, in addition to a submission that was received from the Local Government & Shires Associations concerning the fees for 2012/2013. Penrith City Council made a submission supporting the current approach to the setting of Mayor and Councillor Fees and also the system of categorisation. Council is currently classified under the Category Metropolitan Major. However Council requested in its submission that consideration be given to elevating Council to the Major City Category in view of Council’s identified regional planning and service delivery role and the need to put in place policies and programs that transcend our traditional local government boundaries. This request was not supported by the Tribunal and will be detailed within the report.

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Labour Price Index, the Tribunal found that the full increase of 2.5 per cent available to it is warranted and so determined.

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Background The Tribunal is constituted in accordance with the Local Government Act 1993. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each Category.

The Tribunal is required to make an annual determination by no later than 1 May each year, which takes effect from 1 July in that year.

Section 239 of the Local Government Act 1993 also requires that the Tribunal must determine Categories of Councils and Mayoral offices at least once every 3 years.

In 2009, the Tribunal undertook a review of categories and found that there was no strong case to significantly alter the current categories of Mayoral offices and Councillor. The Tribunal did however decide to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” (instead of the previous 1A) being “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”. Council has maintained this category after another review was carried out on the categories in 2012.

Current 2012 Review On 14 November 2011 the Tribunal wrote to all Mayors advising of the commencement of the 2012 annual review of the minimum and maximum fee levels for each category. At this time the Tribunal also advised that it would be reviewing the categories during the review.

The Local Government and Shires Associations made a submission to the Tribunal seeking a substantial increase in the fees for Mayors and Councillors for 2012. As in submissions made in previous years, the Associations have drawn a nexus between the roles and responsibilities of Councillors and MPs. The Associations have argued that it is reasonable to request that Mayoral and Councillor Remunerations be calculated as a percentage of MP salaries.

Local Government Remuneration Tribunal Determination for 2012 On 27 April 2012 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the ensuing year (1 July 2012 to 30 June 2013). A full copy of the Tribunal’s Report and determination can be found appended to this Report.

The Tribunal has advised that it received 19 submissions from individual Councils (in addition to the submission received from the Associations). The Tribunal’s Report highlights that the majority of the submissions supported an increase in the fees payable to Mayors and Councillors. The submissions addressed the following issues:-

 Workload  Complexity of issues  Training and development  Expenses  Categorisation

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The Tribunal did not support the case advanced by the Associations that the fees for Mayors and Councillors should be set as a percentage of the salary of a Member of Parliament. The Tribunal has stated that after taking into consideration key economic factors, the views of the Associations and the amendment to the Local Government Act that the full permissible increase of 2.5% in the fees for Mayors and Councillors is appropriate.

In relation to categorisation a large number of requests were received by the Tribunal from Council’s for elevation in their categorisation. Penrith City Council also provided a submission requesting elevation to the Major City category in view of the Council’s identified regional planning and service delivery role. In response to Council’s request the Tribunal found that:

“The Tribunal does not support Penrith’s request to move from the category of Metropolitan Major to Major City. The Tribunal found, having regard to the definitions provided in the 2009 report and determination, the extent of regional services provided by Penrith is not comparable to that provided by Councils in the category of Major City. In addition, the Tribunal notes that there would be no material gain for Councillors or Mayors in recategorisation to Major City as the fees are identical to those provided to Metropolitan Major.”

The Tribunal in the cases of all other requests also found that there was no justification for any other Council to be reclassified at this stage. It is interesting to note that a number of Council’s requested a move to the Metropolitan Major Category to join Blacktown and Penrith on the basis that their population exceeds that of Penrith Council. The Tribunal found that notwithstanding this, that those councils do not provide or embody the same regional focus as Penrith.

Mayor and Councillor Fees for 2012/2013 The Council’s Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”. In respect of the Deputy Mayor the Council’s Policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

The Tribunal does not set a fee for a Deputy Mayor; however it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

It has been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2012/2013 are based on this practice continuing.

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The Tribunal has determined the following range of fees for the Category of “Metropolitan Major” Councils (Blacktown and Penrith):

Councillor Annual Fee – Minimum $15,490 & Maximum of $25,580 Mayor Additional fee* - Minimum $32,940 & Maximum of $74,530 *This fee must be paid in addition to the Mayor as a Councillor

Recommendation RECOMMENDATION That: 1. The information contained in the report on Remuneration Tribunal Determination for Mayor and Councillors for 2012/2013 be received. 2. The fees payable to the Mayor and Councillors for 2012/2013 be set at the maximum level permitted.

ATTACHMENTS/APPENDICES 1. Local Government Remuneration Tribunal Decision 2012 21 Pages Appendix

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Local Government Remuneration Tribunal Decision 2012

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6 - Procedural Matters - Panthers Planning Proposal

6 Procedural Matters - Panthers Planning Proposal

Compiled by: Natasha Baker, Senior Environmental Planner Authorised by: Paul Grimson, Sustainability & Planning Manager

Objective We demonstrate leadership, foster resilience and tenacity, and encourage innovation Community A Regional City that provides our jobs, education, services and entertainment Outcome (1) Strategic Demonstrate our leadership, and encourage innovation (1.1) Response

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

Executive Summary The Panthers Planning Proposal was endorsed at Council’s Ordinary Meeting of 26 March 2012.

In order to finalise the planning processes for the Panthers Planning Proposal and send it to the Department of Planning and Infrastructure in accordance with the resolution of Council, endorsement is sought to affix the common seal on the Voluntary Planning Agreements (VPA) for the delivery of road infrastructure and the management of the outlet centre operations.

Council’s endorsement is also sought to prepare a draft amendment to Development Control Plan 2010 to incorporate specific development controls for the Panthers site and to address concerns raised in submissions for the Planning Proposal.

Voluntary Planning Agreements – Road works and Outlet Centre Management. Council at its Ordinary meeting of the 26 March 2012 resolved that “The Panthers Penrith Planning Proposal, as amended and attached (Attachment 4 provided separately to Councillors on CD and available on Council’s website), be forwarded to the Minister for Planning and Infrastructure after a Voluntary Planning Agreement (VPA) for the provision of State road infrastructure and a separate VPA for the ongoing management of the outlet centre is signed by the proponent….”

As outlined in the report of the 26 March 2012, the VPAs for both the Local/State Road Infrastructure and the ongoing management of the outlet centre are based on the Letters of Offer provided by Panthers to manage the traffic and retail impacts arising from the proposal. Negotiations are nearly completed and both VPAs are expected to be signed shortly by the Panthers Group.

Council’s resolution is sought to affix the Common Seal to the VPAs after it has been publicly notified for 28 days consistent with the requirements of the Environmental Planning and Assessment Act.

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The Panthers Penrith Planning Proposal will be forwarded to the Department of Planning and Infrastructure in accordance with Council’s resolution when the signed VPAs are received from the Panthers Group.

Site Specific Development Control Plan Also at its meeting of the 26 March 2012, Council considered the submissions arising out of the exhibition of the Planning Proposal and it was determined that a number of the matters were better addressed through a Development Control Plan (DCP). To address these matters and ensure there is a DCP finalised and considered ahead of, or concurrently with, a decision from the Minister to support the Planning Proposal for the site, Council needs to prepare a draft DCP which will amend Penrith DCP 2010. Further, the future amending LEP will require a DCP be prepared prior to consent being issued for any development on the site.

A draft DCP will be prepared by the Panthers Group. Given the importance of a having a coordinated and integrated approach to the redevelopment of the site, Council officers will be working with the Panthers Group to ensure the DCP is of a quality commensurate with the value of the development.

A further report will be brought back to Council presenting a draft DCP for endorsement for exhibition.

Conclusion The Panthers Planning Proposal is one step in the planning process for the rezoning and development of the Panthers site. The recommendations of this report will allow for the proposal to progress further detailed planning such as the preparation of a draft DCP and the development of other delivery mechanisms such as the VPAs to ensure that the outcomes on the site reflect Council’s strategic intentions.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Procedural Matters - Panthers Planning Proposal be received. 2. The Common Seal of the Council of the City of Penrith be affixed to the Voluntary Planning Agreement for the delivery of road works and the Voluntary Planning Agreement for the ongoing management of the Outlet Centre, once they are publicly notified in accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000. 3. In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, a draft amendment to Penrith Development Control Plan 2010, to incorporate the controls relating to the Panthers Penrith site, be prepared.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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7 - Council Property - Extiguishment Of Obsolete Easement For Pipeline And Right Of Way That Benefits Council Land At Lot 422 Dp706223, No. 27 Park Road, Wallacia

7 Council Property - Extiguishment of Obsolete Easement for Pipeline and Right of Way that benefits Council land at Lot 422 DP706223, No. 27 Park Road, Wallacia

Compiled by: Bob Anderson, Acting Property Development Manager Authorised by: Bob Anderson, Acting Property Development Manager Andrew Moore, Acting Group Manager - Finance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that behaves responsibly and ethically (5) Outcome Strategic Champion accountability and transparency, and responsible and ethical Response behaviour (5.1)

Executive Summary Council approval is recommended for the extinguishment of an obsolete Easement for Pipeline and Right of Way that benefits Council’s Lot 422 DP706223 that contains the Wallacia Bushfire Shed.

The Easement for Pipeline and Right of Way was created in 1953 over the land now known as Lots 1 & 2 DP504928, Lots E, F & G DP390228, No. 1 Park Road owned by S & V Gouritis, to benefit the Wallacia Golf Course land.

In 1984 the land for the bushfire brigade was subdivided off the golf course land and whilst the easements were remote to the Council’s land, the easements are still registered on the Certificate of Title as benefiting Council’s land.

The report recommends that the obsolete easements benefiting Council’s land, Lot 422 DP706223, be extinguished.

Background Council is the owner of Lot 422 DP706223 at No 27 Park Road that houses the Wallacia bushfire brigade. The parcel of land was subdivided off the golf course land in 1984 and an Easement for Pipeline and Right of Way still remained as a benefit to the land.

These easements, whilst benefiting Council’s land, are remote to the Council land and physically could not be utilised by Council and should have been extinguished at the time of subdivision.

S & V Gouritis own the land burdened by the easements and it is understood that the golf course land owned by Panthers Investment Corporation Pty Ltd has extinguished rights to the easements.

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Current Situation Application has been made by Phillip Thompson & Associates, Solicitors, on behalf of S & V Gouritis for the benefit of the obsolete easements to be extinguished from Council’s Certificate of Title.

The “Cancellation or Extinguishment of Easement” documentation is required to be executed under the Council’s Common Seal.

All costs involved will be the responsibility of the applicant.

Summary The existing easements are of no practical use to Council and need to be extinguished from Council’s Certificate of Title to rationalise the title situation of the land owned by S & V Gouritis, as well as Council.

The applicant will be responsible for all reasonable costs associated with the extinguishment of the easement such as document preparation and legal expenses and the payment of appropriate Council fees. As the easements have no practical benefit to Council, Council could not claim compensation.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Council Property - Extiguishment of Obsolete Easement for Pipeline and Right of Way that benefits Council land at Lot 422 DP706223, No. 27 Park Road, Wallacia be received. 2. Council agree to the extinguishment of the obsolete Easement for Pipeline and Right of Way appurtenant to Lot 422 DP706223, No. 27 Park Road, Wallacia. 3. The applicant be responsible for all costs associated with the extinguishment of the easements. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

ATTACHMENTS/APPENDICES 1. Wallacia Golf Course 1 Page Appendix

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8 - Sponsorship Of Jessica Fox To Promote Penrith And Penrith Whitewater Stadium

8 Sponsorship of Jessica Fox to promote Penrith and Penrith Whitewater Stadium

Compiled by: Paul Page, City Marketing Supervisor Authorised by: Barbara Magee, Manager - Corporate Communications & Marketing

Objective We demonstrate leadership, foster resilience and tenacity, and encourage innovation Community A Regional City that provides our jobs, education, services and entertainment Outcome (1) Strategic Share aspirations and work together to grow Penrith as a Regional City (1.2) Response

Executive Summary Canoe Australia recently selected Leonay athlete Jessica Fox to represent Australia in Canoe Slalom at the London Olympics. An opportunity has arisen for Council to sponsor Jessica to promote Penrith City and Penrith Whitewater Stadium at the London Olympics and in a number of other countries where she will be competing over the next 12 months.

Background Jessica has just turned 18. She was born in France and has grown up in Penrith. She won the sole place for Australia in Women’s Canoe Slalom against a very competitive field.

Her father, Richard, is the National Performance Director of Canoe Australia. He is a former canoe slalom athlete representing Great Britain and has coached the Australian team since 1998. Jessica’s mother, Myriam, is also a former canoe slalom athlete representing France. She coaches a number of Australian paddlers, including Jessica.

Jessica has been competing since 2006. At the 2010 Summer Youth Olympics in Singapore, she won the gold in the girls' K-1 slalom event. She also won a bronze medal in the C-1 event at the 2010 ICF Canoe Slalom World Championships at Tacen in Slovenia.

Jessica to promote Penrith City and Penrith Whitewater Stadium Jessica has agreed to promote Penrith City and Penrith Whitewater Stadium in London and at the various other destinations where she will be competing over the next 12 months.

Prior to the Olympics she will be participating in World Cup events in France and Spain and defending her junior world title in the US. During this time the “Penrith is Here” brand mark will be displayed on her kayak during training and at all competitions except for the Olympics where this is not permitted.

Jessica will also provide regular updates on the “Penrith is Here” Facebook site during this period.

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Photos of her holding the “Penrith is Here” brand mark will be arranged in each of the places where she is competing. These will be featured in the Facebook updates and will be available for use in other promotions.

Jessica is enthusiastic about Penrith and is a confident public speaker. She represents our brand values– “Active, Adventurous, Grounded and Positive” and is a perfect choice to promote “Penrith is here”.

A sum of $5,000 has been requested to secure this sponsorship.

Financial Services Manager’s Comment This sponsorship would provide Council, the “Penrith is here” brand and the Penrith Whitewater Stadium with a unique promotional opportunity in supporting a young local athlete at this year’s London Olympics. Council is considering the 2012-13 Operational Plan as part of a separate report at tonight’s meeting, Unfortunately, no additional capacity has been identified in the 2012-13 budget(s) to include this contribution and capacity does not exist for this to be accommodated within operational budgets.

Recommendation RECOMMENDATION That the information contained in the report on Sponsorship of Jessica Fox to promote Penrith and Penrith Whitewater Stadium be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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9 - Summary Of Investments And Banking For The Period 1 May To 31 May 2012

9 Summary of Investments and Banking for the period 1 May to 31 May 2012

Compiled by: Pauline Johnston, Expenditure Accountant Authorised by: Andrew Moore, Acting Group Manager - Finance

Objective We demonstrate accountability, transparency and ethical conduct Community A Council that manages its finances, services and assets effectively (4) Outcome Strategic Deliver services for the City and its communities, and maintain our long term Response financial sustainability (4.1)

Executive Summary The purpose of this report is to provide a summary of investments for the period 1 May 2012 to 31 May 2012 and a reconciliation of invested funds at 31 May 2012. The report recommends that the information contained in the report be received.

Background

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 May 2012.

Andrew Moore Acting Responsible Accounting Officer

Recommendation RECOMMENDATION That: 1. The information contained in the report on Summary of Investments and Banking for the period 1 May to 31 May 2012 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 May 2012 to 31 May 2012 be noted and accepted. 3. The graphical investment analysis as at 31 May 2012 be noted.

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ATTACHMENTS/APPENDICES 1. Summary of Investments 4 Pages Appendix

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Summary Of Investments

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A CITY OF OPPORTUNITIES

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

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A GREEN CITY

Item Page

10 Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands 77

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A Green City 10 - Clean Up Of Illegal Dumping On Deerubbin Local Aboriginal Land Council Lands

10 Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands

Compiled by: Laurie Cafarella, Co-ordinator Community Protection Authorised by: Tracy Chalk, Waste and Community Protection Manager

Objective We use our resources wisely, and take responsibility for our levels of consumption Community A Council with a smaller ecological footprint (13) Outcome Strategic Work to reduce the organisation's ecological footprint (13.1) Response

Previous Items: Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands - Ordinary Meeting - 27 June 2011

Executive Summary This report advises Council of grant funding of $49,865 from the Environment Protection Authority to the Deerubbin Local Aboriginal Land Council for the prevention and deterrence of illegal dumping on Deerubbin Local Aboriginal Land Council lands. The report recommends that the information be received and that Council endorse the auspicing of the $49,865 grant funding to the Deerubbin Local Aboriginal Land Council for the prevention and deterrence of illegal dumping on Deerubbin Local Aboriginal Lands.

Background The Environment Protection Authority (EPA) provides grant funding for the clean up and deterrence of illegal dumping on Aboriginal owned lands.

Funding of $50,000 was provided to the Deerubbin Local Aboriginal Land Council (LALC) in June 2007 to commence a rehabilitation project on land that was subjected to significant illegal dumping in the past. Further funding of $50,000 was provided in June 2009 and $30,000 in June 2011 to the Deerubbin LALC by the EPA for commencement of a program to remove illegally dumped asbestos waste from the site and carry out remediation and rehabilitation works.

The grant funding for these projects was auspiced by Council at the request of the EPA.

Current Situation The Deerubbin LALC have held further discussions with the EPA to continue Stage 2 of its deterrent and rehabilitation strategy for land owned by the Deerubbin LALC, bounded by The Northern Road, Seventh Avenue and Terrybrook Road, Llandilo.

This property is a 42ha site which has a long history of illegal dumping. Essentially, the grant funding will be used at this site to:

 Continue to improve site security to prevent unauthorised vehicle entry, and

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 Continue removal of illegally dumped material in accordance with a plan of management for the site.

The EPA has again requested that Council continue to auspice the grant funding for the Deerubbin Local Aboriginal Land Council. However, given that the grant funding documents were received on 4 June 2012 and had to be completed and returned by 8 June 2012, there was not sufficient time to report the matter to Council prior to execution of the documents.

Consequently, Council is requested to endorse the auspicing of the $49,865 grant funding to the Deerubbin Local Aboriginal Land Council for the prevention and deterrence of illegal dumping on Deerubbin Local Aboriginal Lands.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands be received. 2. Council endorse the auspicing of the $49,865 grant funding to the Deerubbin Local Aboriginal Land Council for the prevention and deterrence of illegal dumping on Deerubbin Local Aboriginal Lands.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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A LIVEABLE CITY

Item Page

11 Penrith Football Stadium Master Plan and Working Party 81

12 Great River Walk successful grants 88

13 Draft Penrith Accessible Trails Hierarchy Strategy (PATHS) 92

14 Federal Nation Building Black Spot Program and Road Toll Response Package 2012/13 - Funding Offer 96

15 Local Government Road Safety Program – Roads & Maritime Services Grant Funding 2012-2013 99

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A Liveable City 11 - Penrith Football Stadium Master Plan And Working Party

11 Penrith Football Stadium Master Plan and Working Party

Compiled by: Andrew Robinson, Recreation Manager Virginia Tuckerman, Recreation Co-ordinator Authorised by: David Burns, Group Manager - City Presentation

Objective Our public spaces encourage safe and healthy communities Community A City with active and healthy communities (19) Outcome Strategic Provide community facilities, and recreation and leisure programs, that Response encourage healthy activity (19.1)

Executive Summary This report reviews the current status of the implementation the master plan, adopted by Council in 2005, for Penrith Stadium. The report highlights that, as a result of the completion of Stage 3 in 2011 with the redevelopment of the southern end of Penrith Stadium and Howell Oval cricket pavilion, there are six key projects that need to be completed as part of the original plan.

The report also outlines considerations of the recently held Penrith Stadium Redevelopment Working Party which included:

- A presentation from Penrith Panthers outlining a League for Life concept which, if realised, would see further development, on the Penrith Stadium site, including sport development, health and wellness, education and training, and art and culture facilities;

- The NSW Government review of Stadia;

- The recently established Local Venues Board and Local Venues Councils;

- The ongoing use of the stadium by the community other than for football;

- The recognition that the Stadium is part of a wider recreation and sports precinct including Howell Oval, Penrith Showground and Penrith Swimming Centre. It was identified that future deliberations about the Stadium master plan should consider the potential for the whole of this sports and recreation precinct with representatives of the users of Howell Oval, and management of the Penrith Showground, to be included on the Working Party.

The report recommends that: the name of the Working Party be changed to the Penrith Stadium Sports and Recreation Precinct Working Party with amended Terms of Reference and that the membership of the Working Party be expanded to include a representative of Penrith Showground.

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The report also recommends that professional fees associated with the finalisation of the master plan be accounted for through utilisation of available resources within the Penrith Stadium Reserve.

Background Stadium Master Plan Council, in early August 2005, adopted a master plan for the overall redevelopment of Penrith Stadium. An indicative cost to realise the master plan was estimated at $30m. As the total funding for the master plan was not available for the redevelopment of the stadium at that time, it was established that it would be implemented in stages.

A partnership approach between Penrith City Council and Penrith Panthers towards advocating for funds which realised Federal Government ($15m) and State Government ($5m) funding, and the proactive role played by the existing Penrith Stadium Redevelopment Working Party has ensured that three stages of the master plan have been realised to date. These are:

- Western Grandstand enhancements and playing surface upgrades; - Eastern Grandstand including Centres of Excellence (Western Sydney Academy of Sport, Panthers on the Prowl and NSW Rugby League Academy Western Sydney), improved accessibility, compliance to stadium standards, catering and some hospitality area upgrades; - Southern end improvements to amenities and food & beverage concession areas, security, ingress and egress, and accessibility featuring linking pathways to both the eastern and western grandstands, as well as the construction of the cricket pavilion and indoor training centre at Howell Oval.

With the completion of these stages there is still outstanding work required, which is currently unfunded. The current Penrith Stadium Redevelopment Working Party has endorsed that the remaining prioritised work outstanding from the original master plan to be completed is:

1. Eastern Grandstand completion of Stage 2 works including: improved accessibility to the pedestrian corridor, improved accessibility to corporate level facilities, and improved corporate level facilities.

2. Western Grandstand completion of Stage 1 works including: new male, female and accessible toilets, new food and beverage facilities under the western stand, and new hard stand for outside broadcast trucks.

3. Event Control: inclusion of the training field into the controlled space of the stadium for multi purpose and carnival event mode and security of the facility, by relocating fence line.

4. Eastern grandstand concourse level under stand to provide spectator toilet facilities and relocated maintenance facility, circulation space and additional space for the centre for sports excellence at ground level.

5. New southern grandstand, 4,000 seat stadium.

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6. Expanded and improved forecourt entries to the stadium, north west, north east and southern entries including new pavement, walk of fame, street furniture, tree planting and signage, also including Ransley Street event fencing, footpath widening, in ground services for mobile food vans etc.

The work completed to date, and the funding achieved, has been predominantly based on providing the opportunity for greater community access to, and greater use of, the stadium.

Penrith Park Football Stadium Redevelopment Working Party Council received a report on 7 March 2005 recommending the establishment of a Penrith Stadium Redevelopment Working Party, to include representatives from Council, Penrith Panthers and others, to develop the overall master plan for the Penrith Stadium’s redevelopment, secure State Government funding, and advise Council on the use of an initial $10m grant from the Federal Government for implementation of Stage 1 of the master plan.

A subsequent Council resolution in April 2005 established the Working Party’s core membership as three Councillors, the General Manager of Penrith City Council or his representative, three nominated Penrith Panthers representatives, and one representative from the Penrith Valley Sports Foundation.

The finalisation of both the scope of work and project implementation for the first three stages has been overseen by the Penrith Stadium Redevelopment Working Party.

Current Situation Stadium Master Plan At its meeting on 19 March 2012 the Penrith Football Stadium Redevelopment Working Party agreed that, in addition to the remaining unfunded work outstanding from the original master plan, there are currently a number of opportunities and challenges that need to be addressed so that the Stadium meets contemporary and future customer and operational needs. Consideration at this meeting was given to:

1. A ‘League For Life’ Concept presented by Penrith Panthers Stadia and operators across the world are increasingly focussing on community benefit such as providing sport, recreation, health, culture, education and training facilities and programs. This community focus ensures that there is greater use of the facility on more than just match day. Penrith Panthers presented a League for Life Concept to the Penrith Stadium Redevelopment Working Party which would bring stadium facilities and programming into line with modern day stadium development trends.

The essence of the League for Life concept is to create a Western Sydney Centre of Excellence and Allied Health Facility and provide three separate buildings:

- Building 1 – Oriented towards active recreation, incorporating a series of focussed but flexible spaces related to swimming, gymnasium activities and sports training

- Building 2 – A central building for community gatherings, with various meeting

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and function spaces for community and cultural activities. Child care activities are also included

- Building 3 - This will provide a health facility component to complement the other activities, providing consulting and research facilities.

The presentation of the League for Life concept was positively received by the Working Party. However, since receiving this presentation, Penrith Panthers have revised their strategic planning regarding the location and other aspects of such a facility and a presentation regarding these revised plans will be made to Councillors at a future briefing.

2. NSW Government’s Stadia Review As part of its strategy ‘NSW 2021: A Plan to Make NSW Number One by 2021’ the State Government is undertaking a review of stadia provision.

In a media release from The Minister for Sport and Recreation (6 Sept 2011), Graham Annesley is quoted as saying:

‘A NSW Stadium Strategy will also be developed to guide future government investment. The aim will be to deliver improved community access, cater for multi-purpose usage, offer improved facilities for participants and spectators, and improve the competitive position of NSW when bidding for events.’

There are currently no findings available from this review.

3. Local Venues Board and Local Venues Councils NSW Government Office of Communities has appointed a Local Venues Board and Local Venues Councils for the management and operation of Parramatta Stadium, WIN Stadium and WIN Entertainment Centre, Hunter Stadium, Newcastle, Newcastle Entertainment Centre and Showground, and other venues formerly managed by Hunter Region Sporting Venues Authority. The Local Venues Board and Councils have been established with the aim of greater community engagement in the development and programming of the listed facilities as well as ensuring greater coordination of their development and operation.

4. Penrith Park Football Stadium Use The implementation of the first three stages of the master plan at Penrith Stadium has been predominantly based on providing greater community access to, and use of, the stadium.

To date, the accommodation of Panthers on the Prowl, Western Sydney Academy of Sport, NSW Western Sydney Rugby League, utilisation of the Chairman’s Lounge for meetings and sportsmans lunches, and design of some of the hospitality spaces as multi-function meeting rooms have started to move the facility in the direction of contemporary stadia facility and programming trends.

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Furthermore, a degree of programming of other activities such as soccer finals, exhibition soccer games, community carols concerts, and the Australian Ballet has provided community benefit beyond the annual rugby league program.

Penrith Park Football Stadium Redevelopment Working Party Since its establishment in 2005, a number of Council resolutions have seen both the terms of reference and the membership of the Penrith Stadium Redevelopment Working Party be revised, in accordance with the scope of work and funding partner at the time. The latest resolution of Council identified that the Working Party’s membership should consist of three Councillors, the General Manager of Penrith City Council or his representative, four representatives of Penrith Panthers, two representatives of Penrith District Grade Cricket Club, and the Federal Member for Lindsay or his nominated representative. Previously, as part of the Eastern Grandstand’s redevelopment, the State Member for Penrith was also a member of the Working Party.

The current terms of reference are:

‘To steer the design and implementation process of the redevelopment of Howell Oval and Penrith Park Football Stadium, provide advice on progressing the master plan for the stadium, and report back to Council.’

At the Working Party meeting on 19 March 2012 it was identified that a change in membership and terms of reference should be reported to Council for its consideration. In the discussion that followed about the presentation of the League for Life concept the Working Party identified that there were wider implications and considerations when continuing to develop the Stadium’s master plan.

It was recognised that plans for, and use of the Stadium should correlate and complement the existing and planned facilities and programs of the Stadium’s neighbouring facilities and that a precinct approach to future planning should be undertaken including Penrith Showground, Howell Oval, and Penrith Swimming Centre.

Consequently, the Working Party endorsed that future deliberations about the Stadium master plan should consider the potential for the whole of this sports and recreation precinct with representatives of the users of Howell Oval, and management of the Penrith Showground, to be included on the Working Party. Through this extension of the Working Party it was also identified that this would allow greater capacity to explore all of the opportunities, facility and use, that the precinct affords.

The Working Party also agreed that as the terms within the existing lease agreement with Penrith Panthers for the management of the Stadium includes the requirement for community use of the facility to be reported annually, then it should be the Working Party to receive and review the annual report on community use.

Conclusion It is now seven years since Council endorsed the master plan for the redevelopment of Penrith Stadium. During this period there have been significant changes in the political landscape including both strategic and funding directions of State and Federal Government, Penrith City Council (becoming a Regional City) and the Penrith Panthers Group.

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In addition, there have been changes in stadium facility provision and operating trends and significant investment in stadia infrastructure across the Sydney Metropolitan Region as well as NSW to accommodate rugby league and a host of other sports.

At a local level, planning continues to develop the Riverlink Precinct, enhance Penrith Showground, progress a master plan for Jamison Park, and review opportunities at Penrith Swimming Centre. There is also outstanding work to complete, or include in a new master plan, from the previously endorsed Stadium master plan, as well as an ongoing desire for the Stadium to continue to provide increased community benefit. A new lease agreement was signed for the management and operation of the Stadium in 2009, including terms surrounding community access, and is due to expire in 2028.

Given this set of circumstances, it is now timely that the Working Party’s terms of reference and membership is revised. This is necessary to enable the Working Party to remain contemporary and ensure that the development of an updated master plan for Penrith Stadium, and Stadium use, provides the most access possible to the community while complementing facility planning as part of the Penrith Sport and Recreation Precinct.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Penrith Football Stadium Master Plan and Working Party be received. 2. The name of the Working Party be the Penrith Stadium Sports and Recreation Precinct Working Party. 3. The membership of the Working Party be: 3 Councillors; Penrith City Council’s General Manager or his representative; 4 representatives of Penrith Panthers; the Federal Member for Lindsay or a nominated representative; the State Member for Penrith or a nominated representative; a representative of the Penrith Valley Sports Foundation; a representative of Penrith District Grade Cricket Club; a representative of Penrith Showground. 4. The Terms of Reference for the Working Party be established as: ‘To advise Penrith City Council on the finalisation of the master plan for the stadium, and oversee its implementation including advocating for funds. To advise Penrith City Council on the use of Penrith Stadium in accordance with the terms and conditions of the lease agreement. To advise Penrith City Council on the potential opportunities for the Penrith Sports and Recreation Precinct including Penrith Stadium, Penrith Showground, Howell Oval and Penrith Swimming Centre.’ 5. Professional fees associated with the development of the master plan be accounted for through utilisation of available resources within the Penrith Stadium Reserve.

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ATTACHMENTS/APPENDICES There are no attachments for this report.

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12 - Great River Walk Successful Grants

12 Great River Walk successful grants

Compiled by: Karin Schicht, Landscape Architecture Supervisor Authorised by: Michael Jackson, Major Projects Manager

Objective Our public spaces encourage safe and healthy communities Community A City with safe, inviting parks and public spaces (18) Outcome Strategic Provide safe, well-maintained public spaces and parks (18.1) Response

Executive Summary This report is to advise Council of two grant offers relating to the Great River Walk, namely for Stage 7a of the Great River Walk under the Metropolitan Greenspace Program 2011 and the Liveable Cities Program (Federal Department of Infrastructure and Transport). The report seeks Council’s endorsement for the acceptance of the grants. The report recommends that the information contained in the report be received, and that Council accept the Stage 7a and Liveable Cities grants.

Background The Great River Walk (GRW) is a significant initiative that Council has been supporting and pursuing for many years, through a range of funding sources including Council, State and Federal Government grants and private contributions.

A major source of funding for the GRW has been the Metropolitan Greenspace Program (MGP), which focuses on creating a better balance between the needs of communities and conserving natural resources to deliver a high quality of life for Sydney residents. In the 2011 MGP, a total of 23 successful projects were approved with grants totalling nearly $2,500,000 on a dollar-for-dollar basis.

The following table details the implementation of the GRW and the associated grant applications. Under the MGP and other State and Federal grants, Penrith City Council has received a total of $1,691,642 for the GRW.

Stage Description Grant Status funding

1 Weir to Cassola Place (incl. $202,260 MGP Grant application external contributions) successful. Project complete

1a Top-up funds for stage 1 $165,000 MGP Grant application successful. Project complete

2 Log Cabin Hotel lookout and $130,032 MGP Grant application other links (incl. external successful. Project complete

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contributions)

3 Signage, branding and marketing $34,000 MGP Grant application plan (incl. external contributions) successful. Project complete

4 West Bank (Design only) from $63,250 MGP Grant application M4 to Victoria Bridge successful. Project complete

5 The Missing Links (Nepean Ave, $131,500 MGP Grant application Memorial Ave, Weir Res. river’s successful. Project complete edge)

6 West Bank phase 1– River Rd $85,000 MGP Grant application pathworks successful. Project complete

RLCIP2 Lookout and steps $140,000 RLCIP2 Grant application (State) successful and project complete

RLCIP2 Two waters edge decks $75,000 RLCIP2 Grant application (State) successful and project complete

7 West Bank phase 2 – River Road $280,000 MGP Grant application pathworks successful and pathworks complete. Public art and promotional material underway, including web page

7a West Bank Phase 3 - River Rd $250,000 MGP Grant application pathworks successful. Construction to commence in 2012-13.

Liveable Design only of River Road path, 135,300 Grant application successful. Cities decks, ramp and public art Design work has commenced. (Federal) (Dewdney Rd to M4 bridge) To be completed by 30 June 2013

Current Situation At its Ordinary meeting of 28 February 2011, Council endorsed the lodgement of a grant application for Stage 7a – West Bank Construction Phase 3. A grant of $250,000 has now been approved by the MGP for this stage. The total project value is $500,000. The scope of Stage 7a is for implementation of the 2.5m wide shared pedestrian cycle path adjacent to new kerb and gutter along River Road (continuation from Stage 7 which terminated at Francis Ave). Some minor design work is also included. It is anticipated the works will see the path extend to Dewdney Rd.

In March 2012, a Liveable Cities Program application was prepared by Council’s Major Projects and Sustainability and Planning Departments and lodged with the Federal

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Department of Infrastructure and Transport. The National Growth Areas Alliance was the applicant for a consortium of five member Councils and the Green Building Council of Australia to deliver a range of projects. The program was aimed at regional centres for the design or construction of demonstration projects that facilitate urban renewal and strategic development contributing to improving the productivity, sustainability and liveability of our cities.

The Penrith component of the consortium application sought $135,300 for Penrith’s Great River Walk and was a design only project. This has now been approved. Penrith City Council’s contribution is $52,300 Section 94 District Open Space Plan (cash) and in-kind commitments from Major Projects’ design staff (valued at $83,000).

This project will complete the designs of an integral component of the Great River Walk in the heart of the City, in readiness for future funding of construction. The project draws on the community engagement processes undertaken by Campement Urbain. It picks up on the community’s insight about the river’s primary role in the City, by exploring how people could better engage and connect with the river and riparian areas. Penrith’s Liveable Cities Program project is a design only project. It involves the completion of Great River Walk designs along River Road, Emu Plains (approximately 1.2km between Dewdney Rd to the M4 motorway bridge) including geotech testing. The shared pedestrian cycleway path will continue along this length, and there will also be designs for public art, an accessible ramp from River Road to the water’s edge, as well as a new water’s edge deck on the west bank. Approvals will also be obtained as part of the project.

Financial Services Manager’s Comment Acceptance of the grant offer for Stage 7a of the Great River Walk requires Council to commit matching funding of $250,000. The progression of the Great River Walk has been a priority for a number of years and as reported to the Ordinary Meeting of Council held 28 February 2011 this funding is proposed to be sourced by a combination of $190,000 from the 2012-13 Kerb & Guttering Program and a further $60,000 from the District Open Space Contributions Plan. The projected balance of the District Open Space Contributions Plan as at 30 June 2013, after taking this contribution into consideration, is $3.6m.

Conclusion The MGP has supported the GRW in Penrith with grant funding since 2003. This stage will continue the GRW momentum achieved to date as well as demonstrate interventions in line with the River Road Plan of Management. It is anticipated that the next round of MGP will be announced early July with applications due in August. It is expected Council will make an application for the construction of further River Road pathworks, which will be the subject of a future report to Council.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Great River Walk successful grants be received.

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2. Council endorse the acceptance of funding for Great River Walk Stage 7a – West Bank Construction Phase 3 offered under the Metropolitan Greenspace Program 2011. 3. Council send letters of thanks to the Minister for Planning and the Local Member, and to the Great River Walk Inc and Hawkesbury City Council for their support. 4. Council endorse the acceptance of funding for the Great River Walk offered by the Federal Department of Infrastructure and Transport under the Liveable Cities Program.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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13 - Draft Penrith Accessible Trails Hierarchy Strategy (Paths)

13 Draft Penrith Accessible Trails Hierarchy Strategy (PATHS)

Compiled by: Ruth Byrnes, Senior Traffic Officer Authorised by: Adam Wilkinson, Engineering Services Manager

Objective Our physical infrastructure is adaptable, and responds to changing needs Community A City with an integrated local road and pathways network (16) Outcome Strategic Improve the City's footpath and cycleway network (16.3) Response

Executive Summary The purpose of this report is to advise Council of the results of the recent public exhibition period and subject to consideration, the report recommends adoption of the Penrith Accessible Trail Hierarchy Strategy (PATHS).

Background It is widely acknowledged that a well designed, interconnected shared-use pathway network across the City will provide the community with valuable recreational and transport facilities and opportunities. These facilities will have significant benefit in terms of health and social aspects, whilst promoting cycling as a legitimate form of transport, reducing reliance on the private motor vehicle.

The Draft Penrith Accessible Trail Hierarchy Strategy proposes an integrated network of shared-use pathways for use by bicycle riders and pedestrians, as well as on-road lanes for cyclists, with destination and recreational links across the City. The Draft Strategy complements the NSW Bike Plan – River Cities Program, which concentrates on shared-use paths along State roads, and further complements Council’s Footpath Paving Program.

At its Policy Review Committee meeting of 14 November 2011, Council considered a report on the Draft Penrith Accessible Trails Hierarchy Strategy and resolved (in part) that:

“2. Council endorse the Draft Penrith Accessible Trails Hierarchy Strategy for the purpose of public exhibition.

3. A report be brought back to Council detailing the results of the consultation and for the adoption of the Penrith Accessible Trails Hierarchy Strategy.”

Public Exhibition The public exhibition of the Strategy was held from 20 January 2012 to 29 February 2012. The Strategy was available via Council’s website, viewing at Penrith and St Marys Council Offices and Libraries and some bike retail outlets in Penrith and St Marys.

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Feedback received was supportive of the Strategy and submissions generally welcomed a prompt roll-out of the network. Specifically, comments from six submissions received included:

 Council should be applauded for continuing its commitment to cyclists in the Penrith LGA;  Links between Penrith and the Blue Mountains are of high importance and should be strengthened;  The focus on providing off-road shared interconnecting facilities should be a priority;  Request for the existing shared-use path in Cranebrook to extend along Castlereagh Road;  Request for paths to Penrith City Centre;  Sub-links to schools, shops and recreation facilities are very important;  Support for consideration of kerbside lanes to alleviate hazards of “dooring”;  Strategy should support end of trip facilities (showers, bicycle parking facilities, change rooms, drinking fountains);  Request for more bike storage at train and bus stations;  Ensure walking and cycling routes to stations and transport hubs are available as immediate action;  Route between Penrith and St Marys follows the Great Western Highway, but it should take you to other local roads (eg Second Avenue) continue through UWS and TAFE grounds and then via railway corridor to St Marys;  Doubts as to how much the paths will be used, however, it will encourage a culture of keeping fit and encourage non-cyclists to think more about walking and exercise. Comments It is clear that links to destinations such as schools, shops and transport hubs are key to the success of the network, although links to all destinations may not be able to be achieved completely. The Strategy identifies key destinational and recreational links, such as those suggested within the submissions. Extensions to existing paths may be ‘quick wins’ that may be completed within short/median term timeframes.

The “Priority Pathways” have been identified in the Strategy, but it is important to note that priorities may change as demand becomes clearer, funding becomes available and constraints are identified. There will be constraints identified along some of the routes, which may make the pathway cost prohibitive in the benefit cost analysis. All the routes identified in the Strategy are options and are subject to design changes.

End of trip facilities, such as showers and bicycle parking facilities, are encouraged to be provided in developments in accordance with Section 10. 7 Penrith City Council Development Control Plan 2010 and via conditions of consent where appropriate. Council has received funding from the Roads and Maritime Services as part of the NSW Bike Plan – River Cities Program for bicycle parking facilities and these are currently being installed in many locations throughout the City. It is anticipated that additional State funding will likely be available next financial year to continue the rollout of bicycle parking facilities at other key locations.

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The implementation of safe infrastructure for walkers and bicycle riders will encourage further use and active transport options. The “build it and they will come” philosophy will become apparent as the network of links along State and Local roads expands over the years.

Implementation to Date Through funding provided by the NSW Bike Plan – River Cities Program and Council, works have been completed along the Great Western Highway, connecting the City Centre to the River. Further works have progressed along Mulgoa Road to connect the City Centre to Jamisontown and beyond to Glenmore Park.

The link between Penrith and St Marys has long been a priority for Council. The funding available for its design and construction is sought via the NSW Bike Plan – River Cities Program and as such, the link will be substantially along the Great Western Highway, being a State road. Survey work on this link has commenced and it is hoped that the design and construction will follow as funding is confirmed.

Funding Council’s Shared Pathways Program has the capacity to provide Council’s contribution towards the NSW Bike Plan – River Cities Program.

Council’s adoption of the PATH Strategy, thus developing a strategic network complementary of the NSW Bike Plan – River Cities Program, together with the continued allocation of funding from the Shared Pathways Program, will place Penrith in an advantageous position to continue to secure appropriate levels of State funding and thus expedite the implementation of a comprehensive and integrated network of pathways for walking and bicycle riding across the City.

Conclusion The public exhibition of the Strategy was held from 20 January 2012 to 29 February 2012. Feedback received was supportive of the Strategy and most submissions welcomed a prompt roll-out of the network. The infrastructure will be implemented on a priority basis as funding becomes available.

The provision of safe walking and bicycle riding facilities across the City will encourage continued use and validate walking and cycling as sustainable active transport options with a benefit in the health and wellbeing of the community and reducing the reliance on the private motor vehicle.

The adoption of the PATHS will establish a strategic context for investment in, and implementation of, a comprehensive shared pathway networked connecting the City.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Draft Penrith Accessible Trails Hierarchy Strategy (PATHS) be received.

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2. The Penrith Accessible Trails Hierarchy Strategy be adopted. 3. Funding continue to be made available through Council’s Shared Pathways Program for implementation of the shared pathway network throughout the City.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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14 - Federal Nation Building Black Spot Program And Road Toll Response Package 2012/13 - Funding Offer

14 Federal Nation Building Black Spot Program and Road Toll Response Package 2012/13 - Funding Offer

Compiled by: David Drozd, Senior Traffic Engineer Authorised by: Adam Wilkinson, Engineering Services Manager

Objective Our physical infrastructure is adaptable, and responds to changing needs Community A City with an integrated local road and pathways network (16) Outcome Strategic Implement effective traffic and parking responses (16.2) Response

Executive Summary The purpose of this report is to advise Council of the funding offers obtained under both the 2012/2013 Nation Building Black Spot Program and NSW Government Road Toll Response Package (RTRP). The report recommends that Council accept the funding offered under these Programs.

Background At its meeting on 15 August 2011, Council endorsed the following projects shown in Table 1 to be submitted for consideration for 100% funding under the 2012/2013 Federal Government’s Nation Building Black Spot Program.

TABLE 1 List of Projects Submitted to the RMS under the 2012/2013 “Federal Nation Building Black Spot Program”

Total Total Number Number Benefit Intersecting Street of of Proposed Cost Cost Item Primary Road or Section of Road Accidents Casualty Treatment Estimate Ratio (5 year Accidents (BCR) data) 1 Queen Street, 450m Black Spot 12 10 Installation of raised $200,000 13 St Marys b/w Charles thresholds at two Hackett Drive & pedestrian crossings, King Street Pedestrian fencing. 2 Greenbank Drive, 2km Black Spot 8 6 Parking lane treatment $160,000 6.6 Werrington Downs b/w Dunheved reinforced with kerb Road (both ends) blister. 3 Swallow Drive, 3km Black Length 16 9 Parking lane treatment $100,000 6.0 Erskine Park b/w Erskine Park reinforced with kerb Drive and blister. Peppertree Drive 4 Monfarville Street, Swanston Street 5 4 Median Island Stop $40,000 5.7 St Marys Treatment incorporating pedestrian refuge 5 Bennett Road, Coonawarra Drive 5 3 Median Island Stop $40,000 3.6 St Clair Treatment incorporating pedestrian refuge

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In addition, Penrith City Council has submitted a joint project with Blacktown City Council for funding (100%) under the NSW Road Toll Response Package (RTRP). The RTRP is a $170m investment by the NSW Government to improve road safety over a five-year period.

The RTRP builds upon the recommendations from a Road Safety Round Table held in July 2009, which was set up to engage road safety experts and community representatives to look at road safety issues in response to a rising road toll.

St Marys Road (in the Penrith Local Government Area) and Stoney Creek Road at the South Creek causeway (in the Blacktown Local Government Area) have been jointly submitted for improvements under the RTRP.

The total cost of works submitted to the program is $340,000.

Current Situation Black Spot Program The highest ranked Black Spot Projects for Penrith City Council have now been assessed under the Nation Building Black Spot Program. The RMS has advised that the top project (Queen Street, St Marys) in Table 1 has been approved under the Program to the value of $200,000.

The funding allocated is 100% of the total project cost and hence, there is no financial contribution required by Council. A condition of acceptance is that the project must be completed prior to 30 June 2013, a deadline which can be achieved as preliminary design assessment is currently underway.

Funding for this high profile site should be recognised as a substantial achievement for Council, and it is expected that the accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on Queen Street. Further, these improvements will greatly improve safety and accessibility for all.

This successful application for funds is a continuation of the funding for Black Spot Projects across the Penrith Local Government Area. Including the current funding offer, the total investment in Council’s Local Road Network under the Black Spot Program has been some $3.89 million over the past five years. The RMS will now consider the remaining four projects in Table 1 under its 50/50 State funded program.

RTRP In addition to funding under the Nation Building Black Spot Program, Penrith and Blacktown Councils have also received a funding offer under the NSW Government’s RTRP, for improvement works to St Marys Road and Stoney Creek Road, Berkshire Park. The funding offer (based on the joint application by Penrith and Blacktown Councils) of $340,000 has been approved for improvements such as the installation of a w-beam barrier on the roadside, widening of the culverts at the causeway, an improved “road flooded” warning system, the provision of a sealed shoulder and the removal of hazards (trees, utility poles, headwall, etc) from the clear zone. These improvements are to be 100% funded from the RTRP.

The extent of works proposed under the RTRP is both in the Penrith and Blacktown Local Government Areas and therefore it should be noted the cost of works ($340,000) is evenly distributed across the two Council areas. Penrith City Council has assumed the initial project

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co-ordination role in negotiation with Blacktown City Council and detailed survey investigations have commenced.

Being a 100% funded program there will be no financial contribution required by either Penrith nor Blacktown Councils.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Federal Nation Building Black Spot Program and Road Toll Response Package 2012/13 - Funding Offer be received. 2. Council accept grant funding of $200,000 offered for the successful Black Spot Project shown in Table 1, under the 100% Federally Funded Nation Building Black Spot Program for the 2012/2013 financial year. 3. Council accept grant funding of $340,000 offered for the successful project nomination for St Marys Road and Stoney Creek Road, Berkshire Park, under the 100% State Funded Road Toll Response Package for 2012/2013.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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15 - Local Government Road Safety Program – Roads & Maritime Services Grant Funding 2012-2013

15 Local Government Road Safety Program – Roads & Maritime Services Grant Funding 2012-2013

Compiled by: Daniel Davidson, Road Safety Co-ordinator Authorised by: Adam Wilkinson, Engineering Services Manager

Objective Our physical infrastructure is adaptable, and responds to changing needs Community A City with an integrated local road and pathways network (16) Outcome Strategic Implement effective traffic and parking responses (16.2) Response

Executive Summary The purpose of this report is to advise Council of the grants offered by Roads and Maritime Services (RMS) under the Local Government Road Safety Program (LGRSP). The report recommends that Council accept the grants as outlined in the report.

Background The goal of the RMS LGRSP is to reduce the incidence and severity of crashes through the increased involvement of Local Government. This program has been in place since 1992 and has resulted in the development and implementation of many successful road safety programs.

Programs targeting behavioural road safety issues are developed from local priorities identified from crash data analysis by Council's Road Safety Co-ordinator, of which some are funded through the LGRSP. The amount of project funding available from the RMS LGRSP in 2012-2013 is limited to a maximum of $9,500 with many projects restricted to supporting existing RMS programs.

An additional $1,500 of RMS funding is made available for the purpose of running Graduated Licensing Scheme Workshops for parents and/or supervisors of learner drivers.

Funding submissions for 2012-2013 have been prepared and were submitted to the RMS for consideration.

Current Situation All applications made were successful in gaining grant funding from the RMS totalling $11,000. The programs being developed for 2012-2013 with grant funding from the RMS are as follows:

Key Area - Speed Related Crashes Local speed enforcement operations by NSW Police will be supported with courtesy speed checks and local media advertising. Grant funding will be allocated for local media advertisements and printed materials. Funding from RMS $2,000.

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Key Area - Drink Drive Related Crashes A drink driving program supporting enforcement will again be operating within licensed premises. Funding will be used to promote in-venue materials such as pull up blinds, posters and coasters. Funding from RMS Services $4,500.

Key Area - Vulnerable Road Users Child Restraint Checking Days will again be conducted on two occasions during 2012-2013. The aim of the checking day is to promote the correct use and installation of child restraints. Inspections will be carried out by an authorised fitter in order to identify and adjust any unsafe fittings. Inspections are a free service to attendees of the checking day and the grant funding is allocated to promotion of the program through local media and printed materials. Funding from RMS Services $3,000.

Key Area - Young Drivers Graduated Licensing Scheme Workshops will again be conducted on three occasions during 2012-2013 for parents and supervisors of learner drivers. The Workshops offer practical advice on supervising learner drivers, completing the Learner Driver Log Book and the benefits of driving practice. Funding for these workshops is derived from the RMS NSW Centre for Road Safety. Workshops are promoted through local newspapers, Council’s website and correspondence to all local high schools. Funding from RMS $1,500.

Conclusion Council’s Road Safety Program has been successfully implemented over a number of years, with Council’s Road Safety Co-ordinator successfully applying for annual funding and conducting in-depth analysis of annual motor accident statistics correlated to funded programs. The analysis shows a continuing downward trend in crash statistics across the Penrith LGA, which may in part be attributable to the ongoing success of Council’s Road Safety Program. This has included a continually declining representation in drink driving statistics, which may be a sign that drink driving messages are having a positive impact on the driving behaviours of the local population.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Local Government Road Safety Program – Roads & Maritime Services Grant Funding 2012-2013 be received. 2. Council accept the three grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $9,500, as outlined in the report. 3. Council accept the grant offered by the Roads and Maritime Services NSW Centre for Road Safety for Graduated Licensing Scheme Workshops, totalling $1,500, as outlined in the report.

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4. Council write to the Minister for Roads, Local State Members and the Roads and Maritime Services thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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A VIBRANT CITY

Item Page

16 Penrith and St Marys Centres Management Review Implementation - Governance Changes 105

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A Vibrant City 16 - Penrith And St Marys Centres Management Review Implementation - Governance Changes

16 Penrith and St Marys Centres Management Review Implementation - Governance Changes

Compiled by: Terry Agar, Acting Centres Co-ordinator Jeni Pollard, Place Manager Authorised by: Jeni Pollard, Place Manager

Objective We play an active role in our communities Community A City with opportunities to engage, participate and connect (23) Outcome Strategic Enhance community strengths and capacity by supporting collaborative Response networks and partnerships (23.1)

Executive Summary This report provides an update to Council on progress of implementation of the recommendations from the City Centres Review. The report provides an overview of a number of key issues for Council’s consideration.

The report confirms the addition of a Councillor representative on each of the new corporations. The report also suggests refreshing the City Centres Working Party and extends its Terms of Reference for the purpose of regularly reviewing and evaluating the work of the new management entities.

The report outlines a proposal for an interim arrangement for the management of the Centres until the Division of Local Government consider the application for the establishment of the corporations. Under the interim arrangement, the current Associations will continue to provide an interim operating structure for the work of the new boards. The Association members will stand down from their positions at their next annual general meetings in September 2012 and the new board members will take their place at this time. The Associations will continue until such time as agreement from the DLG is granted for the establishment of the two new corporations.

The report concludes by outlining the next steps in the implementation of the recommendations from the City Centres Review, including proposed timeframes for the expression of interest process to recruit members for the new Penrith City Centre Corporation and the St Marys Town Centre Corporation.

The report recommends that a Councillor representative be nominated to the boards of the new Penrith City Centre Corporation and St Marys Town Centre Corporation. The report also recommends refreshing the City Centres Working Party, including amendment of the Terms of Reference to incorporate review and evaluation of the operation of the Centres management entities.

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Background Council resolved on 4 April 2011 to advance an independent review of the management of the Penrith and St Marys centres with the aim of ensuring that contemporary and best practice centres management is implemented in the future.

Council considered a report on 5 December 2011 on the findings and recommendations of the Penrith and St Marys Centres Management Review. The review found that there was significant room for improvement in the way in which the centres are managed. In particular, the management focus needs to be broadened beyond the current retail marketing and promotion to include increasing business diversity, urban improvement, public spaces activation, access improvement and social programs.

The review found that the management of the centres requires longer term strategic planning, including a business plan and creation of a new management model with stronger governance controls.

At that meeting Council resolved to create two new centre management entities and authorised the General Manager to advance the establishment of the new entities and associated management arrangements and bring the new final agreements back to Council for endorsement.

Further to this, at the Ordinary meeting of 23 April 2012, Council resolved to:

1. Make an application to the Division of Local Government seeking the Minister for Local Government’s consent to establish corporations for the management of the Penrith and St Marys centres. 2. Appoint the Mayor to the Independent Review Panel. 3. Establish the Independent Review Panel as a section 377 committee under the provisions of the Local Government Act 1993. 4. Receive a briefing to consider the make up of the board members of each entity.

On 14 May 2012 Councillors were briefed on the progress of the setting up of the proposed corporations and governance arrangements in accordance with Council’s resolutions. At that briefing a number of issues were raised over the governance arrangements including the Independent Review Panel and a further report on alternative options following discussions with the existing associations was requested.

The view was also expressed that interim governance arrangements needed to be resolved to minimise disruption to the ongoing activity of the associations given the likely delay in the establishment of the new management arrangements.

This report reviews the governance arrangements as they relate to the evaluation of the performance of the new corporations. Recommendations are made to address the issues that have been identified and the report identifies a way forward to address the interim governance arrangements.

The Current Situation The Briefing on 14 May raised a number of considerations in the evolution of the centres management model.

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These considerations include:

1. Make up of the Board It is proposed that the two new corporations will include a Councillor representative. Council may wish to put forward a recommendation at this meeting for the representative for the Penrith City Centre Corporation and the St Marys Town Centre Corporation. The new 9 member board structure and makeup will represent the following areas of interest:

5 business/ property representatives 1 Councillor* 1 community organisations representative 1 industry expert 1 person who represents the views of people under 25 years of age

* After the Council elections held on 8 September 2012 the Councillor representatives on the Boards will need to be selected at the first meeting of the Council. Up until September 2012, there is a recommendation for Councillors to be nominated on the Boards for this period.

2. Approach to the independent review of the Corporations A number of issues were raised regarding the purpose and efficiency of an independent review panel. The IRP was developed to underpin the principles of evaluation and transparency of the operation of the new entities and bring rigour to the assessment on a regular basis against agreed performance indicators. Following further discussion and a review of the principles that underpin the IRP, the City Centres Working Party was brought forward as an appropriate mechanism to achieve the aims of the IRP.

On 27 April 2009 Council resolved that:

“A City Centres Working Party be established as detailed in this report and be made up of His Worship the Mayor, Councillor Jim Aitken OAM, Councillors Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Jackie Greenow and John Thain and all other available Councillors.”

The endorsed Terms of Reference for the City Centres Working Party are:

1. To provide guidance for the implementation of the various strategies that have been developed and adopted in relation to the City Centres. 2. To facilitate the orderly and timely delivery of infrastructure to support the growth and redevelopment of the City’s Centres. 3. To provide high level comment on major development proposals within the City’s Centres.

It is proposed to refresh the City Centres Working Party with the addition of a further Term of Reference that relates specifically to the review of the Centres Corporations:

4. To support effective governance of the operation of the Penrith City Centre and St Marys Town Centre Corporation.

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The Working Party would consider a 6 monthly progress report from the centre corporations and annually review the progress made by each organisation in the delivery of the endorsed business plan activities.

It is also suggested that the Councillor representatives that are nominated as representatives on the Penrith City Centre Corporation and the St Marys Town Centre Corporation participate on the City Centres Working Party.

The amended governance model as proposed is represented by the diagram on the following page.

Interim Governance Arrangements As outlined in the 23 April 2012 report, Council is required to apply to the Minister for Local Government for permission to create the corporations for Penrith and St Marys. A decision from the Minister may take some time and therefore interim governance arrangements are proposed.

Discussions have occurred with the Penrith and St Marys Associations regarding transition arrangements from the 30 June 2012 until permission is received from the DLG to form the new corporations. Both associations have agreed in principle to this arrangement. It is proposed that Council will continue to fund the existing centres associations until 31 December 2012. This will allow critical planning for keystone projects and promotional programs to proceed with minimal disruption and provide certainty for existing staff.

Both associations have offered the view that a formal ‘handover’ to the new corporation board could occur after their annual general meeting to be held in September 2012. This time was agreed to be an appropriate point for the handover to the new boards. The new boards would operate within the governance structure of the existing associations in a caretaker

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capacity until permission from the Minister for Local Government is received and the new corporations can be formally created.

The proposed interim governance arrangements will alleviate much of the uncertainty for the existing associations surrounding the transition to the new governance arrangements.

Next Steps Expression of Interest Process Council will be seeking expressions of interest from property, business and community representatives shortly for appointment to the new boards. A communication and promotion strategy has been developed in collaboration with the Communications Team and every effort will be made to notify interested persons of the opportunity of nominating for a position on the boards. The notification will explain to interested persons how they should apply and information on the new boards’ functions and roles will also be available. The challenge will be to engage a board with a common interest in the long term revitalisation of the City and Town Centres, whilst supporting a diversity of views that will facilitate fresh approaches.

It is envisaged that advertisements will be published in newspapers in the first week in July for nominations to be received in the following 3 weeks.

A nominations assessment group consisting of the Mayor, the General Manager (or his delegate), the Group Manager of People and Places and an independent consultant will undertake an initial assessment of the suitability of all nominees. The City Centres Working Party will then be engaged in finalising recommendations to be made to Council on the final makeup of the Boards. The recommendations of the assessment group will be reported to Council in August 2012. All applicants will be notified of Council’s decision.

Inaugural Board Meetings The new Boards of the new corporations will be programmed to meet in late August prior to their proposed take over of the existing Associations functions in September. This will provide and opportunity for the boards to be familiarised with their draft 3 year Business Plans and annual Implementation Plans.

Liaison All of the stakeholders will be kept informed of progress at key stages throughout the boards’ recruitment, selection and appointment processes.

Conclusion The implementation of the new centre management arrangements continues to move forward, with the next steps seeking expressions of interest for the new board members. The appointment of a Councillor to each of the new boards for Penrith and St Marys will provide improved oversight of the boards’ operation by Council. The proposed performance assessment and management of the new corporations by an enhanced City Centres Working Party will support a transparent evaluation of their progress in achieving their 3-year Business Plans and annual Implementation Plans.

The proposed interim governance arrangements will alleviate much of the uncertainty for the existing associations surrounding the transition to the new governance arrangements.

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We will continue to keep Council and the City Centres Working Party informed of progress on the advancement of the new centres management arrangements including reporting on the draft Constitutions, Deed of Agreements and Business Plan.

Recommendation RECOMMENDATION That: 1. The information contained in the report on Penrith and St Marys Centres Management Review Implementation - Governance Changes be received. 2. A Councillor representative be nominated as an interim member to the Boards of the new Penrith City Centre Corporation and St Marys Town Centre Corporation, and that the Councillor representatives of the Boards be selected at the first meeting of the Council after the Council election held on 8 September 2012. 3. The City Centres Working Party be utilised for the regular performance assessment of the Penrith and St Marys Centres Corporations. 4. The City Centres Working Party’s Terms of Reference be amended in the terms outlined in this report.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Committee Of The Whole COMMITTEE OF THE WHOLE

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday June 25 2012

Item Page

1 Presence of the Public 1

2 Commercial Matter - Council Property - Leasing of Suite 2/54 Henry Street, Penrith to Australian Foundation for Disability (AFFORD) 2

3 Commercial Matter - Council Property - Leasing of Suite GO2 at 114-116 Henry Street Penrith to Wentworth Community Housing Limited 2

4 Personnel Matter - Aquatics Facility Joint Governance Management Model 3

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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

Corporate Governance Page 1 Ordinary Meeting 25 June 2012 A Leading City

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.

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:

A Leading City

2 Commercial Matter - Council Property - Leasing of Suite 2/54 Henry Street, Penrith to Australian Foundation for Disability (AFFORD) 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.

3 Commercial Matter - Council Property - Leasing of Suite GO2 at 114-116 Henry Street Penrith to Wentworth Community Housing Limited 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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A Liveable City

4 Personnel Matter - Aquatics Facility Joint Governance Management Model This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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ATTACHMENT

Date of Meeting: 25 June 2012

Delivery Program: A Leading City

Program: Corporate Finance

Report Title: 2011-2012 Voted Works

2011-2012 VOTED WORKS as at 25th June 2012 Meeting Description of Allocation Amount Expenditure Manager Approved $ $ Responsible EAST WARD Amount Available for 2011-2012 Funds brought forward from 2010-2011 106,760 2011-2012 Funds 53,000 Total Vote for 2011-12 159,760 Amounts Allocated for 2011-2012 1 Contribution Towards 2011-2012 Path Paving Program 50,000 50,000 CWM Revote 2 Birds of the Waters* 5,000 4,343 CDM 28-Feb-11 3 St Marys Spring Festival 4,000 4,000 CMM 05-Sep-11 4 Batting Cages at Andrews Rd Baseball Facility 5,000 5,000 RM 10-Oct-11 5 Support of Charity Events 100 100 EO 10-Oct-11 6 Bennett Wagons 3,166 3,166 CMM 07-Nov-11 7 Hall Hire - Visit Nepal Festival 258 258 PDASM 06-Feb-12 8 Fundraising - Lance Corpral Luke Gavin 100 100 EO 06-Feb-12 9 U3A Cabling 533 533 CWM 05-Mar-12 10 Red Cross Calling 1,000 1,000 CMM Total Vote Committed 69,157 *Project revoted from 2010-11 TOTAL VOTE UNCOMMITTED FOR EAST WARD 90,603

NORTH WARD Amount Available for 2011-2012 Funds brought forward from 2010-2011 134,344 2011-2012 Funds 53,000 Total Vote for 2011-12 187,344 Amounts Allocated for 2011-2012 1 Contribution Towards 2011-2012 Path Paving Program 50,000 50,000 CWM Revote 2 Birds of the Waters* 5,000 4,343 CDM 28-Feb-11 3 St Marys Spring Festival 3,000 3,000 CMM 27-Jun-11 4 Pathway between Kingswood Court Nursing Home and GWH 21,600 21,600 CWM 18-Jul-11 5 Pathway construction along Haynes Street, Penrith 21,767 21,767 CWM 05-Sep-11 6 Batting Cages at Andrews Rd Baseball Facility 5,000 5,000 RM 10-Oct-11 7 Support of Charity Events 100 100 EO 10-Oct-11 8 Bennett Wagons 2,667 2,667 CMM 07-Nov-11 9 Hall Hire - Visit Nepal Festival 257 257 PDASM 06-Feb-12 10 Fundraising - Lance Corpral Luke Gavin 100 100 EO 06-Feb-12 11 U3A Cabling 533 533 CWM 05-Mar-12 12 Red Cross Calling 1,000 1,000 CMM Total Vote Committed 111,024 *Project revoted from 2010-11 TOTAL VOTE UNCOMMITTED FOR NORTH WARD 76,320

SOUTH WARD Amount Available for 2011-2012 Funds brought forward from 2010-2011 107,394 2011-2012 Funds 53,000 Total Vote for 2011-12 160,394 Amounts Allocated for 2011-2012 1 Contribution Towards 2011-2012 Path Paving Program 50,000 50,000 CWM Revote 2 Birds of the Waters* 5,000 4,343 CDM 28-Feb-11 3 St Marys Spring Festival 3,000 3,000 CMM 27-Jun-11 4 Purchase of Refrigerator for South Penrith Neighbourhood Centre 2,787 2,787 PDASM 05-Sep-11 5 Batting Cages at Andrews Rd Baseball Facility 5,000 5,000 RM 10-Oct-11 6 Support of Charity Events 100 100 EO 10-Oct-11 7 Bennett Wagons 2,667 2,667 CMM 07-Nov-11 8 Hall Hire - Visit Nepal Festival 258 258 PDASM 06-Feb-12 9 Fundraising - Lance Corpral Luke Gavin 100 100 EO 06-Feb-12 10 U3A Cabling 533 533 CWM 05-Mar-12 11 Red Cross Calling 1,000 1,000 CMM Total Vote Committed 70,445 *Project revoted from 2010-11 TOTAL VOTE UNCOMMITTED FOR SOUTH WARD 89,949

SUMMARY Total Vote for 2011-12 507,498

Less Total Vote Committed 250,627 TOTAL VOTE UNCOMMITTED 256,871

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