Agenda - Attachments Included - NSW Government

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Sep 5, 2016 - Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages. Road ... 1405 DA-02.02 Revision B
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Ordinary Meeting 5 September 2016

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ORDINARY MEETING MONDAY 5 SEPTEMBER 2016 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 public addressing the meeting

Council Chambers Seating Arrangements

Lectern

Executive Managers

Media

Clr Marcus Cornish North Ward

Clr Bernard Bratusa South Ward

Assistant General Manager Craig Butler

Clr Tricia Hitchen Acting Assistant General Manager Vicki O’Kelly

East Ward

Clr Ben Goldfinch South Ward

Clr Mark Davies

General Manager Alan Stoneham

South Ward

Clr Jim Aitken OAM

Her Worship the Mayor

Public Gallery

South Ward

Clr Kevin Crameri OAM

Councillor Karen McKeown

North Ward

Clr Maurice Girotto East Ward

Acting Senior Governance Officer Adam Beggs

Clr Jackie Greenow OAM East Ward

Clr Michelle Tormey North Ward

Clr Ross Fowler OAM North Ward

Minute Clerk

Clr John Thain North Ward

Clr Greg Davies East Ward

Clr Prue Car MP

Managers

East Ward

Executive Managers

2016 MEETING CALENDAR January 2016 - December 2016 (Adopted by Council - 23 November 2015) JAN

FEB

MAR APRIL

MAY

Mon

Mon

Mon

Mon

JUNE JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

TIME

Ordinary Council Meeting

Policy Review Committee

Mon

Mon

5 (7.00pm)

8

# @ ^  ∞ +

29@

21

15

14

18

23#

27*

25

22@

9

20

11

8

26^ (7.00pm)

7.00pm 15

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted Meetings at which the Operational Plan quarterly reviews (March and September) are presented Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented Election of Mayor/Deputy Mayor Meeting at which the 2015-2016 Annual Statements are presented Meeting at which any comments on the 2015-2016 Annual Statements are presented Meeting at which the Annual Report is presented -

19 (7.00pm)

7.30pm

6  *

Mon

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 Acting Senior Governance Officer, Adam Beggs.

24∞

28#+

10

14

12

UNCONFIRMED MINUTES OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY 22 AUGUST 2016 AT 7:30PM NATIONAL ANTHEM The meeting opened with the National Anthem. STATEMENT OF RECOGNITION Her Worship the Mayor, Councillor Karen McKeown 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 Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP (arrived at 8:21pm), Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, John Thain and Michelle Tormey. APOLOGIES 217 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Maurice Girotto that an apology be received from Councillor Jackie Greenow OAM. CONFIRMATION OF MINUTES - Ordinary Meeting - 25 July 2016 218 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 25 July 2016 be confirmed with the removal of Councillor Ben Goldfinch’s name from voting in items 1 and 2. DECLARATIONS OF INTEREST Her Worship the Mayor, Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 18 – Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling as a family member was once employed by the applicant. Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 - Community Assistance Program Planned Component 2016-17 as he is on the Board of Westcare. SUSPENSION OF STANDING ORDERS 219 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:36pm.

This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting

Monday 22 August 2016

Caiden Griffiths & Aneela Ashraf Item 11 – Penrith Mayoral Challenge 2016 – Chapman Gardens, Kingswood Caiden Griffiths and Aneela Ashraf, Students from Kingswood Public, both spoke in support of the recommendation. Caiden communicated to the Councillors that the design and park includes something for everyone in the community and he enjoyed surveying the community. Aneela expressed that she enjoyed putting her ideas towards the park and hopes that more people can use the playground now. Mr Peter Moriarty Report and Recommendations of the Policy Review Committee Meeting held on 8 August 2016 (Item 1 - Council's Position on Western Sydney Airport) Mr Moriarty, an affected person, spoke against the recommendation and stated his concerns over the noise, air quality, traffic congestions and infrastructure from the proposed airport. Mr Moriarty then expressed he opposes the Environmental Impact Statement (EIS) that was conducted last December. Mr Moriarty concluded by expressing that a curfew should be a part of the development and requested that Council actively oppose the Badgerys Creek Airport. Ms Andrea Grieve Report and Recommendations of the Policy Review Committee Meeting held on 8 August 2016 (Item 1 - Council's Position on Western Sydney Airport) Ms Grieve, spokesperson for No Badgerys Creek Airport Inc. and an affected person, spoke to the recommendation and stated her concerns regarding the impact the airport will have on infrastructure, health and surrounding residents. Ms Grieve also cited concerns around the airport noise and increased traffic congestion. 220 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies that an extension of time be granted to enable the speaker to complete her address, the time being 7:50pm. Ms Grieve concluded by expressing her concerns for the lack of community consultation and community forums. Mr Wayne Olling Item 3 – Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan – Outcomes of Public Exhibition Mr Olling, an affected person, spoke against the proposed recommendation and stated his concerns regarding the regulations and zoning laws. Mr Olling then expressed his concerns about the French Street, Werrington Development and the impact on surrounding bushlands. Mr Michael Siegle Item 15 – Men’s Sheds in the Penrith LGA Mr Siegle, resident of Nepean Men’s shed, spoke in support of the recommendation. Mr Siegle highlighted that there are 960 sheds across Australia that offer a safe and friendly This is Page No 2 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting

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place to meet. Mr Siegle continued to explain the shed is open two days a week and there is a buddy system to show new members around. Mr Siegle outlined the community work that is undertaken and the toys and bird feeds that are built. Mr Siegle concluded by thanking Council and Council staff for their support. RESUMPTION OF STANDING ORDERS 221 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Michelle Tormey that Standing Orders be resumed, the time being 8:11pm. MAYORAL MINUTES 1

Passing of Bernard Smith

Councillors Ross Fowler OAM and Kevin Crameri OAM spoke in support of the Mayoral Minute. 222 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Bernard Smith be received. 2

Passing of Sir Ian Turbott

Councillors Ross Fowler OAM, Greg Davies and Jim Aitken OAM spoke in support of the Mayoral Minute. Councillor Prue Car MP arrived at the meeting, the time being 8:21pm. 223 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Sir Ian Turbott be received. The Council observed a minute’s silence. NOTICES OF MOTION 1

Development Applications for public and private schools

224 A MOTION was MOVED Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that all development application for schools, public and private including modifications under section 96 of the environmental planning and assessment act 1979, be reported to Council at an Ordinary Meeting and not be determined under delegated authority. For Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Marcus Cornish

Against Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Prue Car MP Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Michelle Tormey

On being PUT to the meeting the MOTION was LOST. Councillor Marcus Cornish requested that names be recorded. This is Page No 3 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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REPORTS OF COMMITTEES 1

Report and Recommendation of the Local Traffic Committee Meeting held on 1 August 2016

225 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 August, 2016 be adopted. Procedural Motion 226 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Item 11 – Penrith Mayoral Challenge 2016 – Chapman Gardens, Kingswood be brought forward to be considered immediately before the Reports of Committees. OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES 11

Penrith Mayoral Challenge 2016 - Chapman Gardens, Kingswood

227 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Penrith Mayoral Challenge 2016 Chapman Gardens, Kingswood be received. 2. An amount of $17,000 from East Ward voted works to be added to the budget to include climbing frame. 2

Report and Recommendations of the Policy Review Committee Meeting held on 8 August 2016

228 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 August, 2016 be adopted. On being PUT to the meeting the MOTION was CARRIED. Councillor Kevin Crameri OAM requested that names be recorded. For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Prue Car MP Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Tricia Hitchen

Against Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Jim Aitken OAM Councillor Michelle Tormey Councillor Marcus Cornish

This is Page No 4 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting 3

Monday 22 August 2016

Report and Recommendations of the Policy Review Committee Meeting held on 15 August 2016

229 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 August, 2016 be adopted. DELIVERY PROGRAM REPORTS OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH 1

Draft Public Benefit Policy

230 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies That:

2

1.

The information contained in the report on Draft Public Benefit Policy be received.

2.

Council endorse the draft Public Benefit Policy for public exhibition as provided in Attachment 2.

3.

The General Manager be granted delegation to refine the draft Public Benefit Policy before commencement of public exhibition.

4.

Council publicly exhibit the draft Public Benefit Policy for a period of 30 days.

5.

A further report be presented to Council following public exhibition of the draft Public Benefit Policy.

Planning Proposal for Reclassification and Rezoning of land in Erskine Park

231 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa That: 1. The information contained in the report on Planning Proposal for Reclassification and Rezoning of land in Erskine Park be received. 2. The Planning Proposal to rezone the subject sites from RE1 Public Recreation to R2 Low Density Residential (in accordance with Attachment 4 to this report); reclassify the land from Community to Operational; establish minimum lot sizes of 550sq.m; and apply a height control of 8.5 metres, is sponsored for submission to the Greater Sydney Commission Gateway Process. 3. Consultation with NSW government agencies is undertaken in accordance with any Gateway determination. 4. The Planning Proposal is placed on public exhibition in accordance with any Gateway Determination and be accompanied by exhibition of the draft Open Space Management Plan and any associated reports or studies which are relevant to the community and inform the reinvestment strategy. 5. An independently chaired public hearing is held regarding the land reclassification aspects of the Planning Proposal, in accordance with the requirements of the Environmental Planning and Assessment Act 1979. This is Page No 5 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting

Monday 22 August 2016

6. A report is presented to Council following the public exhibition. 7. Spoonhill Park be removed from the Planning proposal subject to the report. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Prue Car MP Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Marcus Cornish 3

Against Councillor Michelle Tormey

Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan - Outcomes of Public Exhibition

232 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Planning Proposal for Housekeeping Amendments to the City-wide Local Environmental Plan Outcomes of Public Exhibition be received.

2.

Council endorse the Planning Proposal as exhibited and provided under separate cover, with minor mapping and typographical amendments made in respect to Item 16 as identified in the report.

3.

Council enacts the delegated plan making authority, and works with Parliamentary Counsel’s Office to draft and publish the proposed amendments to Penrith Local Environmental Plan 2010.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Prue Car MP Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Marcus Cornish

Against Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Tricia Hitchen Councillor Michelle Tormey

This is Page No 6 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting 4

Monday 22 August 2016

Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition

233 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Planning Proposal for 61-73 Christie Street, St Marys - Outcomes of Public Exhibition be received.

2.

Council endorse the Planning Proposal (provided as a separate enclosure) to amend Penrith LEP 2010 to permit a service station at 61-73 Christie Street, St Marys.

3.

Council enacts the Minister for Planning’s delegated plan making authority and works with Parliamentary Counsel’s Office to draft and publish the proposed amendments to Penrith Local Environmental Plan 2010.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Prue Car MP Councillor Greg Davies Councillor Karen McKeown Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Michelle Tormey Councillor Marcus Cornish 5

Against

Fire and Rescue NSW Fire Safety Report

234 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM That:

1.

The information contained in the report on Fire and Rescue NSW Fire Safety Report be received.

2.

Council continue to monitor properties as part of its Fire Safety Audit Program.

3.

Fire and Rescue NSW be advised of Council’s decision.

This is Page No 7 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

Outcomes of Public Exhibition - Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4)

235 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM That:

1.

The information contained in the report on Outcomes of Public Exhibition Matters Deferred from Penrith Local Environmental Plan 2010 (Amendment 4) be received.

2.

Council endorse the changes made to the Planning Proposal, as shown in Attachment 4.

3.

Council endorse the revised Planning Proposal for Deferred Matters from Penrith Local Environmental Plan 2010, as shown in Attachment 5, and forward it to the Greater Sydney Commission with a request that the Commission make the plan in accordance with the Environmental Planning and Assessment Act 1979.

4.

The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal prior to its submission.

5.

Council endorse the preparation of a draft amendment to Penrith Development Control Plan 2014 to review the relevant controls to ensure consistency with the removal of the minimum lot size requirements for the Werrington Signals site.

6.

A further report be presented to Council following the preparation of the draft amendments to Penrith Development Control Plan 2014.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Maurice Girotto Councillor Prue Car MP Councillor Greg Davies Councillor Karen McKeown Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Marcus Cornish 7

Against Councillor Kevin Crameri OAM Councillor Michelle Tormey

Amendment to Penrith Development Control Plan 2014 - Road patterns requiring half road construction and dedication

236 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM That:

1.

The information contained in the report on Amendment to Penrith Development Control Plan 2014 - Road patterns requiring half road construction and dedication be received.

This is Page No 8 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

2.

Council resolve to prepare and publicly exhibit an amendment to Penrith DCP 2014 in accordance with the changes identified in this report.

3.

A report be presented to Council following the public exhibition.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Prue Car MP Councillor Greg Davies Councillor Karen McKeown Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Michelle Tormey Councillor Marcus Cornish 8

Against

Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys Applicant: Education Development Association; Owner: ~Education Development Association

237 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That:

1.

The information contained in the report on Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys be received.

2.

Section 96 Application No. DA15/0544.01 for Modifications to Approved Adaptive Re-Use of "Mimosa" Property as Mirrabooka Study Centre at Lot 40 DP 58974, (No. 13) Pages Road, St Marys be approved subject to amended Condition 2.1. 2.1 Amended Condition: The development must be implemented substantially in accordance with the plans tabled below and stamped approved by Council, the application form, and any supporting information received with the application, except as may be amended in red on the approved plans and by the following conditions:

PLAN Site Plan Ground Floor Plan First Floor Plan Sections Plan Elevations Plan

NUMBERED 1405 DA-02 Revision B 1405 DA-03 Revision B 1405 DA-04 Revision F 1405 DA-05 Revision F 1405 DA-06 Revision B

DRAWN BY Nimbus Architects Nimbus Architects Nimbus Architects Nimbus Architects Nimbus Architects

DATED 29 April 2016 22 June 2016 5 June 2016 5 June 2016 22 June 2016

This is Page No 9 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting Material Selection Car Parking Plan Landscape Plan Stormwater Plans Proposed Study Centre Mimosa Parking Plan

Monday 22 August 2016 1405 DA-07 Revision F 1405 DA-09 Revision F 1405 H1.1 to H4.1 (Revision P2) 1405 DA-02.02 Revision B

Nimbus Architects Nimbus Architects Nimbus Architects Nimbus Architects Nimbus Architects

5 June 2015 5 June 2015 14 May 2016 5 June 2016 29 April 2016

1405 DA-02.04 Revision B

Nimbus Architects

29 April 2016

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Ben Goldfinch Councillor Bernard Bratusa Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Prue Car MP Councillor Karen McKeown Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Michelle Tormey Councillor Marcus Cornish 9

Against

State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek

238 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Maurice Girotto That: 1. The information contained in the report on State Significant Development (SSD 6236) Proposed Waste to Energy Facility, Honeycomb Drive, Eastern Creek be received. 2. Council write to the Minister requesting that full and detailed consultation be undertaken prior to any decision being made. 3.

Council hold a public meeting at Erskine Park Hall when the outstanding information is received and prior to Council’s submission to the Department of Planning.

This is Page No 10 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting

Monday 22 August 2016

OUTCOME 3 - WE CAN GET AROUND THE CITY 10

Stony Creek Road - Culverts Proposal

Councillor John Thain left the meeting, the time being 9:36pm. 239 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the information contained in the report on Stony Creek Road - Culverts Proposal be received. OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES 12

Grant acceptance for 'Our River - Pathways and Fitness'

240 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That:

1.

The information contained in the report on Grant acceptance for 'Our River Pathways and Fitness' be received.

2.

Council accept the grant funds from the NSW Department of Planning’s Metropolitan Greenspace Program and send letters of thanks to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP.

OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT 13

Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills

Councillor John Thain returned to the meeting, the time being 9:39pm. 241 RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Kevin Crameri OAM That:

1.

The information contained in the report on Erskine Park Rural Fire Service facility - 367-369 Mamre Road, Orchard Hills be received.

2.

The Penrith SES be thanked for their work during and after the 4 - 5 June 2016 storm/flood event.

3.

The Rural Fire Service be thanked for their assistance during the 4 - 5 June 2016 storm/flood event.

OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT 14

Community Assistance Program Planned Component 2016-17

242 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish That:

1.

The information contained in the report on Community Assistance Program Planned Component 2016-17 be received.

This is Page No 11 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting

2.

15

Monday 22 August 2016

Council approve funding the highly ranked applications and amounts totalling $30,203 as outlined in Table 2 of this report with $30,000 allocated from the Planned Component and $203 allocated from the Rolling Component of the 2016/2017 Community Assistance Program.

Men's Sheds in the Penrith LGA

243 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1.

The information contained in the report on Men's Sheds in the Penrith LGA be received.

2.

Council write to the President of the Nepean Men’s Shed congratulating them on the acquisition of 18 Simeon Road Orchard Hills which will be the base for their community operations.

3.

Council allocate $21,000 from South Ward Voted works to a build cement slab at the Nepean Men’s Shed.

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL 16

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17

244 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That:

17

1.

The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2016-17 be received.

2.

The fees payable to the Mayor and Councillors for 2016-17 be set at the maximum level permitted.

Local Government NSW Annual Conference 2016

245 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Local Government NSW Annual Conference 2016 be received. 2.

The Motions detailed in the report be submitted for inclusion in the 2016 Local Government NSW Annual Conference Business Paper.

3.

Council nominate its ten (10) voting delegates to attend the 2016 Local Government NSW Conference to be held at WIN Entertainment Centre, Wollongong, Sydney at the first Council meeting following the 2016 Local Government Election.

4.

Council give consideration to the nomination of observers to attend the 2016 Local Government NSW Conference to be held at WIN Entertainment Centre, Wollongong, Sydney at the first Council meeting following the 2016 Local Government Election.

This is Page No 12 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

Ordinary Meeting 5.

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Monday 22 August 2016

Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2016 Local Government NSW Conference.

Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited

246 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That:

22

1.

The information contained in the report on Appointment of a Director on the Board of the Penrith Whitewater Stadium Limited be received.

2.

Council endorse the appointment of Brian Steffen to the Board of the Penrith Whitewater Stadium Limited.

Summary of Investments & Banking for the period 1 July to 31 July 2016

247 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That:

18

1.

The information contained in the report on Summary of Investments & Banking for the period 1 July to 31 July 2016 be received.

2.

The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 July 2016 to 31 July 2016 be noted and accepted.

3.

The graphical investment analysis as at 31 July 2016 be noted.

Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling

248 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto That: 1.

2.

The information contained in the report on Outcome of Class 1 Land and Environment Court Appeal - Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence at (No. 41-47) Jolly Street, Castlereagh Applicant: Ty & Deanne Gosling; Owner: Ty & Deanne Gosling be received. A further report to Council be prepared regarding the chronology of all events surrounding this matter and why it has failed in court proceedings.

This is Page No 13 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

Thornton Community Facility Transfer

Councillor Prue Car MP left the meeting at 10:03pm and did not return. 249 RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM that the item be deferred to a future Council meeting. That:

21

1.

The information contained in the report on Thornton Community Facility Transfer be received.

2.

The Council agrees to the transfer of the Thornton Community Facility to Council, subject to Council Officers granting Occupation Certificate for the conversion of the facility.

3.

Council resolve to classify the land as Operational.

4.

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

Organisational Performance Report - June 2016

250 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM That:

1.

The information contained in the report on Organisational Performance Report - June 2016 be received.

2.

The Organisational Performance Report - June 2016 as at 30 June 2016, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report (provided under separate cover), be adopted.

3.

Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Performance Report June 2016 (provided under separate cover) for inclusion in the 2016-17 Operational Plan.

4.

Council commits $15,000 of the funds allocated to reserve to fund Council’s sponsorship of Penrith’s NSW Netball Premier League team in 2016-17.

This is Page No 14 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

REQUESTS FOR REPORTS AND MEMORANDUMS UB 1

Removal of Kiss and Ride at Penrith Station

Councillor Marcus Cornish left the meeting, the time being 10:16pm. Councillor Marcus Cornish returned to the meeting, the time being 10:17pm. Councillor Greg Davies requested that Council write to Local Members, the Minister and the Premier seeking an immediate overturn of the removal of the kiss and ride at Penrith Station, and that Council advise a compromise proposal of 4-5 car spaces could be provided with the rest of the spaces to be returned to train pick up and drop off. 251 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency. Her Worship the Mayor, Councillor Karen McKeown, ruled that the matter was urgent and should be dealt with at the meeting. 252 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that Council write to Local Members, the Minister and the Premier seeking an immediate overturn of the removal of the kiss and ride at Penrith Station, and that Council advise a compromise proposal of 4-5 car spaces could be provided with the rest of the spaces to be returned to train pick up and drop off. RR 1

Annual Penrith LGA Spring Clean

Councillor Greg Davies requested a report back to Council assessing the costs and work considerations of conducting an annual Penrith LGA Spring Clean, with crews being moved off normal work for a two week period in September each year, excepting of course those crews that are specifically required for safety matters. RR 2

Property Flooding

Councillor Greg Davies requested a report be presented to Council on the recent property flooding near the South Creek levee. Councillor Mark Davies left the meeting and did not return, the time being 10:22pm. RR 3

Local Government Act and Crown Lands Act

Councillor Greg Davies requested a report be presented to Council on the proposals for the new legislation regarding the Local Government Act and Crown Lands Act. RR 4

Monument at Penrith Lakes

Councillor Greg Davies requested a report be presented to Council on costs of a monument at Penrith Lakes to recognise Bernard Smith, Sir Ian Turbott and Warren Pinfold, with the report to also investigate any other visionaries that were part of the Penrith Lakes project. RR 5

Community Forums on the Badgerys Creek Airport

Councillor Kevin Crameri OAM requested a report be presented to Council regarding the proposed airport and why there have not been any community forums in accordance with the current policy of Council. Councillor Crameri also requested a copy of the letter that was sent to the Minister and the reply. This is Page No 15 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

COMMITTEE OF THE WHOLE 253 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:27pm. Councillor Ben Goldfinch left the meeting at 10:28pm and did not return. 1

Presence of the Public

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen that the press and public be excluded from Committee of the Whole to deal with the following matters: Outcome 2 2

Legal Status of Development Application No. DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052, (No. 65) Jones Street, Kingswood Applicant: Pretech Properties Pty Ltd; Owner: ~C & G Projects Pty Ltd This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

3

Legal Status of Development Application No. DA15/0977 (JRPP 2015SYW151) for Demolition of Existing Structures & Construction of Two (2) x Seven (7) Storey Residential Flat Buildings containing 132 Apartments & Basement Car Parking at Lots 63-65 & Lot 67 DP 14333 & Lots 1-2 SP 38304, (Nos 19-27) Rodgers Street, Kingswood Applicant: Regent Pacific Capital; Owner: ~Development Consortium Group Australia Pty Ltd This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 7 4

Modification to RMS Lease Agreements and Acquisition of Land Associated with The Northern Road Upgrade Stage 3 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.

This is Page No 16 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

Council Property - Lease of Shop 1 Gaymark Lane, 134 Henry Street Penrith to Waffle Co This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 1 6

Remediation of Contaminated Material- 21-25 Woodriff Street, Penrith (Serviced Apartments Site)

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest. Outcome 5 7

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

The meeting resumed at 10:50pm and the General Manager reported that the Committee of the Whole met at 10:27pm on 22 August 2016, the following being present Her Worship the Mayor, Councillor Karen McKeown, Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Jim Aitken OAM, Bernard Bratusa, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, John Thain and Michelle Tormey. 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 17 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

CONFIDENTIAL BUSINESS 2

Legal Status of Development Application No. DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052, (No. 65) Jones Street, Kingswood Applicant: Pretech Properties Pty Ltd; Owner: ~C & G Projects Pty Ltd

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM CW2 That:

3

1.

The information contained in the report on Legal Status of Development Application No. DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052, (No. 65) Jones Street, Kingswood be received.

2.

Council resolve to enter into a Section 34 Agreement for the approval of Development Application No. DA14/1160 for Demolition of Existing Dwelling & Construction of 7 x 3 Bedroom Townhouses at Lot 65 DP 1100052, (No. 65) Jones, Street Kingswood subject to agreed conditions of consent.

3.

Council enter into a Voluntary Planning Agreement (VPA) with the applicant and owner in the terms outlined in the letter from Storey & Gough Lawyers dated 22 July 2016 and a VPA document be prepared in accordance with these terms and the requirements of the Environmental Planning and Assessment Act 1979 and Regulations thereunder.

4.

The VPA document be placed on public exhibition for a period of 28 days.

5.

Council authorise the General Manager to finalise and sign the VPA document, in conjunction with the applicant, following the conclusion of the public notification period.

6.

The Common Seal of the Council of the City of Penrith be affixed to the VPA document developed in accordance with resolutions 3, 4 and 5 above.

7.

Restorations on vehicular access from the subject land be pursued to the new road.

Legal Status of Development Application No. DA15/0977 (JRPP 2015SYW151) for Demolition of Existing Structures & Construction of Two (2) x Seven (7) Storey Residential Flat Buildings containing 132 Apartments & Basement Car Parking at Lots 63-65 & Lot 67 DP 14333 & Lots 1-2 SP 38304, (Nos 19-27) Rodgers Street, Kingswood Applicant: Regent Pacific Capital; Owner: ~Development Consortium Group Australia Pty Ltd

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish CW3 That:

1.

The information contained in the report on Legal Status of Development Application No. DA15/0977 (JRPP 2015SYW151) for Demolition of Existing Structures & Construction of Two (2) x Seven (7) Storey Residential Flat Buildings containing 132 Apartments & Basement Car Parking at Lots 63-65 & Lot 67 DP 14333 & Lots 1-2 SP 38304, (Nos 19-27) Rodgers Street, Kingswood be received.

This is Page No 18 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

2.

Council resolve to enter into a Section 34 agreement for the approval of Development Application No. DA15/0977 (JRPP 2015SYW151) subject to agreed conditions of consent.

3.

The individual who made a submission be advised of Council’s decision and of the consideration given to their concerns.

Modification to RMS Lease Agreements and Acquisition of Land Associated with The Northern Road Upgrade Stage 3

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM CW4 That:

5

1.

The information contained in the report on Modification to RMS Lease Agreements and Acquisition of Land Associated with The Northern Road Upgrade Stage 3 be received.

2.

The terms of the modified Lease Agreements and acquisitions are agreed, subject to the community notification period being undertaken and the absence of any public submissions.

3.

Council provide concurrence for the compulsory acquisition of the identified land and easements, subject to the rights of appeal under the Land Acquisition (Just Terms Compensation) Act 1991.

4.

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

Council Property - Lease of Shop 1 Gaymark Lane, 134 Henry Street Penrith to Waffle Co

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies CW5 That:

6

1.

The information contained in the report on Council Property - Lease of Shop 1 Gaymark Lane, 134 Henry Street Penrith to Waffle Co be received.

2.

Council approve a new 2 year lease to Nathan John Turner trading as Waffle Co at Shop 1, Gaymark Lane, 134 Henry Street Penrith as set out in the terms and conditions in this report.

3.

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

Remediation of Contaminated Material- 21-25 Woodriff Street, Penrith (Serviced Apartments Site)

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW6 That:

1.

The information contained in the report on Remediation of Contaminated Material- 21-25 Woodriff Street, Penrith (Serviced Apartments Site) be received; and

This is Page No 19 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

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Monday 22 August 2016

The Council accept the recommendations and authorise the Property Development Manager to negotiate an outcome as outlined in this report.

Status on Litigation and Compliance Matters

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen CW7 That the information contained in the report on Status on Litigation and Compliance Matters be received. ADOPTION OF COMMITTEE OF THE WHOLE 254 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted. There being no further business the Chairperson declared the meeting closed the time being 10:56pm.

This is Page No 20 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 22 August 2016

PENRITH CITY COUNCIL Procedure for Addressing Meetings Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against. Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting. Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course. In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments. It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum. It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege). A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action. Prior to addressing the meeting the person will be required to sign the following statement: “I (name) understand that the meeting I intend to address on (date) is a public meeting. I also understand that should I say or present any material that is inappropriate, I may be subject to legal action. I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”. Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted. The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm. It is up to the Council or Committee to decide if the request to address the meeting will be granted. Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

The Chairperson will then call the person up to the lectern or speaking area. The person addressing the meeting needs to clearly indicate:  Their name;  Organisation or group they are representing (if applicable);  Details of the issue to be addressed and the item number of the report in the Business Paper;  Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;  The interest of the speaker (e.g. affected person, neighbour, applicant, applicants spokesperson, interested citizen etc). Each person then has five minutes to make their address. Those addressing Council will be required to speak to the written statement they have submitted. Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only. Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them. When this occurs, they should then return to their seat. Glenn McCarthy Public Officer 02 4732 7649

MAYORAL MINUTES Item

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Retrospective

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2

Acknowledgement of Councillor Jackie Greenow OAM's service on Council

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Mayoral Minute Retrospective Strategy: Provide opportunities for our community to participate in making decisions about the City's future To say that it’s been a real privilege to be Mayor of Penrith City for the past 12 months seems inadequate. I’ve enjoyed working alongside the community, my fellow Councillors and fabulous staff to realise our vision for a sustainable, financially stable and culturally vibrant Penrith. I’ve been particularly fortunate to hold the position of Mayor in the final year of the current Council term. It’s been fantastic to see so many of the initiatives mapped out in our four-year Delivery Program 2013-17 mature and come to fruition. As a Council, we can look back over the past four years with great pride. We’ve upgraded and enhanced local infrastructure. We’ve streamlined our organisation and worked more collaboratively with our community than ever before. Together, over the past four years, we capitalised on our dynamic council and community brand – Penrith is Here. We established our Penrith New West economic initiatives brand. This followed the release of Penrith Progression: A Plan for Action – a blueprint for the City Centre. That has already had so many successes. We’ve also promoted Penrith as The Adventure Capital of NSW and continue to attract a wide range of major events to our city. It’s been exciting to watch our city grow sustainably and to be part of each of these campaigns as both a Councillor and Mayor. It was also gratifying to have Penrith City deemed Fit for the Future – one of only seven metropolitan councils, and the only Western Sydney Regional City, to be in such a strong position. To cement our standing, we formalised the proposed Strategic Alliance with Hawkesbury and Blue Mountains councils, a relationship strengthened by our official designation as the West District by the Greater Sydney Commission. Our financial stability was further boosted in May when IPART granted a Special Rate Variation. This gives us the mandate and mechanism to take the next steps forward for our city. It will realise $46 million over four years to maintain, renew and create new assets, pay down debt, boost Council's service levels and help deliver projects such as the Our River Masterplan. It will also enable us to begin planning for a multi deck CBD car park and a state-of-the-art City Park. The City Park is part of the vision outlined by Penrith Progression. As I mentioned, this vision is being delivered through Penrith New West. It includes growing our economy and creating more local jobs. Local jobs received a boost with the announcement in June that the Fire and Rescue NSW Academy would relocate to Erskine Park. The new state-of-the-art training facility will employ around 150 staff, and see up to 200 additional firefighters and trainees on site on any given day. Over the past 12 months we’ve continued to call for more government agencies to relocate to Penrith. We’ve made strong representations to State and Federal Ministers about the

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opportunities in the City, following up on the 2014 promise by then Premier that 300 State Government jobs would relocate to Penrith. We’ve made great strides in advocating for improved services and infrastructure in the past 12 months. In particular:  a State Government commitment of $22.5 million to kick start the pedestrian bridge across the Nepean River  State and Federal Government’s commitment of $100 million to widen Mulgoa Road to six lanes between Glenmore Parkway and Blaikie Road  the State Government’s $407 million commitment to improve rail services, including more frequent trains on the Western Line  a critical North-South rail line connecting outer Western Sydney and the airport with the Western Line  the Federal Government’s commitment of more than $2 million in funding for recreational upgrades, and  $380,000 in arts funding to allow Penrith to showcase major travelling exhibitions. Exhibitions like this will complement the wide range of major events our city has attracted over the past 12 months – including the upcoming Australian Ballet’s outdoor community program, Ballet Under the Stars, at the Sydney International Regatta Centre. This is due in part to our campaign to position Penrith as The Adventure Capital of NSW. This successful campaign followed on from the Destination Management Plan we commissioned and launched late last year. With this blueprint in place we’ve built a new tourism website, are working with local tourism operators on cooperative marketing and have completed an accommodation feasibility study. And when visitors come to Penrith, they’re seeing a city that’s never looked better, with new parks, playgrounds and fitness equipment for people of all ages and abilities to enjoy, and new facilities for them to use. Over the past 12 months we’ve reconstructed fields and upgraded lighting in many of our parks to improve them, making them safer and extending the hours of use. We’ve also worked through the issues with the Queen Street, Streetscape Improvement Plan to update the entire length of Queen Street, from the Railway Station through to the Great Western Highway. The Neighbourhood Renewal Program has, once again, allowed us to bring new life to wellestablished parts of our city. This includes the ongoing North St Marys Matters project and the Magnetic Places project, ‘Our Place, Our Space’ in Cranebrook, which has made creative use of Cranebrook's public spaces. There has been a continuing trend of community collaboration in the past 12 months – including the Penrith Mayoral Challenge. I was thrilled to launch the upgraded playground at Barr and Bass Street Reserve in April. We worked with an inspirational group of primary and secondary school students from Colyton to transform this public space. We’re now working with students from Kingswood Primary to redesign the playground at Chapman Gardens. The Team Colyton initiative has similarly led to great results and is already bringing about positive change for this community. We launched the Youth Mayor program in June to engage with secondary school students interested in leadership and eager to help us create positive change.

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The Penrith Community Panel also delivered its recommendations to Council. The initiative has proved to be a great success and another wonderful way to tap into the hearts and minds of our residents. I’ve taken on the panel’s recommendation to get out and inform our residents about the range of services that council delivers. It’s been a privilege to attend many community events as Mayor over the past year. I’ve enjoyed the chance to meet with, and listen to, local people, as well as visitors from all over the world. I’m happy to note that many of these events have celebrated our diversity. I had the great pleasure of speaking at a Harmony Day event at Western Sydney University earlier this year. In June, Council hosted an inspiring Refugee Week event and we’ve held two multifaith afternoon gatherings, with more planned. We held our annual Philippine Independence Day flag raising event and I met many wonderful people at the well-attended NAIDOC Family Gathering in Jamison Park. As Penrith grows, so too does our diversity, making our city a richer and more vibrant place because of that diversity. This is evidenced by the thousands of new citizens that have chosen to make the Penrith area their home over this last term we have welcomed them all especially those from refugee backgrounds. I’d like to personally thank the Deputy Mayor, my fellow Councillors and Council staff for their support. I’d also like to say that I’m thrilled to have been granted the opportunity to serve the community of Penrith as Mayor for the past year. I have enjoyed every minute of it even the challenging ones. Finally, I would like to fondly farewell three Councillors, Councillor Jackie Greenow OAM, Councillor Prue Car and Councillor Ben Goldfinch who are not running as local government candidates in the upcoming election. Councillor Car, who also served on the Access Committee, St Marys Development Committee and Children’s Cooperative, has to vacate her position as she is now the State Member for Londonderry. Councillor Goldfinch, who also served on the Ripples Board and chaired the Heritage Advisory Committee, is leaving to spend more time and give more focus to his young family. I thank them for their hard work and dedication to the Penrith Community.

Councillor Karen McKeown Mayor RECOMMENDATION That the Mayoral Minute on Retrospective be received.

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Mayoral Minute Acknowledgement of Councillor Jackie Greenow OAM's service on Council Strategy: Provide opportunities for our community to participate in making decisions about the City's future Our Councillor colleague, Councillor Jackie Greenow has decided to retire from public life after a long and distinguished career. We wish her our best wishes as she returns to private life with more time for her passions for travelling, gardening and reading and with her family. I’d like to thank her family for supporting her in her public life even though it meant less time for them. In October 2015 Councillor Jackie Greenow OAM became Penrith’s longest serving female Councillor. Councillor Greenow has now served the City of Penrith for 21 years and has always been a strong advocate for women in local government and also a fierce voice and passionate advocate for St Marys. This was recently recognised by the Roads and Maritime Service agreeing for the first time in NSW to changing the walk symbol at two pedestrian crossings in Penrith and St Marys from the green man lantern into a green lady. It was a wonderful way to honour Councillor Greenow’s contribution to our City. Councillor Greenow was first elected to Council in 1995. She served five terms as Deputy Mayor, and was Mayor in 2004-05. Councillor Greenow’s contribution to our City over the past two decades has been vast and varied. She is the Chairperson of the Penrith International Friendship Committee and represents Council on the Access Committee and the Heritage Advisory Committee. She has also been involved with a variety of other boards and committees including Hawkesbury River County Council, Flood Mitigation Authority, Penrith Performing and Visual Arts, Local Government Advisory board, the Community Relations Commission and has been appointed a Life Member of the Australian Local Government Women's Association for her dedication and commitment to women working for and elected to Council. Councillor Greenow was awarded the Medal of the Order of Australia in 2013 for “service to local government, and to the community, particularly to people with disabilities”. I’d like to thank Councillor Greenow for her many years as a passionate advocate for our community and her significant contribution to this Council.

Councillor Karen McKeown Mayor RECOMMENDATION That the Mayoral Minute on Acknowledgement of Cr Jackie Greenow OAM's service on Council be received.

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REPORTS OF COMMITTEES Item

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Report and Recommendations of the Access Committee Meeting held on 10 August 2016

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REPORT AND RECOMMENDATIONS OF THE ACCESS COMMITTEE MEETING HELD ON 10 AUGUST, 2016

PRESENT Councillor Jackie Greenow OAM (Chair), Councillor Marcus Cornish, Michael Morris, David Currie, Carole Grayson. IN ATTENDANCE Hans Meijer – City Works Manager, Adam Wilkinson – Engineering Services Manager, Erich Weller – Community and Cultural Development Manager, Joe Ibbitson – Community Programs Coordinator, Claire Galvin – Disability Inclusion Officer, Gavin Cherry – Principal Planner, Craig Squires – Acting Coordinator Certification and Fire Safety. APOLOGIES Apologies be accepted from Emma Husar MP, Graham Howe, Councillor Michelle Tormey, Denise Heath. CONFIRMATION OF MINUTES - Access Committee Meeting - 8 June 2016 The minutes of the Access Committee Meeting of 8 June 2016 be confirmed. DECLARATIONS OF INTEREST Nil. DELIVERY PROGRAM REPORTS OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH 1

Development Application DA16/0739 Alterations and Additions to the Overlander Hotel Lot 1 DP 581663 (No. 180) Richmond Road, Cambridge Gardens Owner: Grant Briscoe Applicant: Simone Wells Architect Gavin Cherry spoke to the report and described the proposed development works to the Overlander Hotel at Cambridge Gardens. The proposal for alterations and additions to the Overlander Hotel includes extending the carpark area, including four accessible parking spaces, kitchen works, an accessible toilet, additions to the entries and entry foyers and refurbishment of gaming rooms and dining and lounge areas. The application proposes accessibility considerations including internal circulation spaces, a new pedestrian entry path and ramp, four accessible parking spaces, a new unisex accessible toilet, signage in raised print and braille, accessible heights to counters and tables. The Committee discussed the following issues:  Wayfinding signage to all toilets  Verifying the path of travel separation between the accessible toilet and existing toilets

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5 September 2016

The width of doorways The grading of parking spaces Concern regarding the location of the accessible toilet Consideration of provision of an accessible grassed area for assistance animals.

RECOMMENDED That: 1.

The information contained in the report on Development Application DA16/0739 Alterations and Additions to the Overlander Hotel Lot 1 DP 581663 (No. 180) Richmond Road, Cambridge Gardens Owner: Grant Briscoe Applicant: Simone Wells Architect be received.

2.

That matters referred to in Section 4.2 of the Access Report prepared by Accessibility Solutions (NSW) Pty Ltd dated 18 July 2016 be included as a recommended condition of consent, to be satisfied prior to the issue of a Construction Certificate.

OUTCOME 3 - WE CAN GET AROUND THE CITY 2 Nepean Avenue, Penrith - Proposed Active Transport Infrastructure Adam Wilkinson spoke to the report and his presentation regarding the proposed active transport infrastructure for Nepean Avenue in Penrith. Adam Wilkinson advised Council had invested significantly to provide accessible paths throughout Penrith City including in Glenmore Park, Jamison Park, along the river at Emu Plains and the path connection between Penrith and St Marys. Gavin Cherry left the meeting at 5.35pm. Adam Wilkinson advised that the proposed plan is to create a circuit or network of paths across the city. Nepean Avenue forms the missing link of the bridge-to-bridge loop which includes the Nepean River Green Bridge, the Great River Walk and Tench Avenue. Discussion was held regarding the number of pedestrians using the roadway on the weekend and on a week day with figures expected to grow significantly. Four options for the provision of accessible pedestrian and cycle infrastructure have been proposed for Nepean Avenue. Adam Wilkinson advised it is proposed to retain as many of the 123 trees on Nepean Avenue as possible. Adam Wilkinson spoke to the outcomes of the recent community forum held with residents from Nepean Avenue. As a result, Council would also be undertaking investigations of a fifth option, being an alignment along Peachtree Creek, to the rear of Ladbury Avenue. Members of the Committee discussed the five proposed options including narrowing of the road, damage to trees, loss of amenity and increased noise. Councillor Cornish referred to the recent meeting held with (circa) 50 residents and their concerns with the proposed options. Another location was suggested for the path instead of Nepean Avenue so it did not go through a residential area – Option 5. Councillor Marcus Cornish left the meeting at 5.50pm. Adam Wilkinson advised that Option 5 is part of a long-term strategy. The current dominant

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access route is Nepean Avenue which is where people want to walk. The Committee discussed the five proposed options and came to consensus that Option 2 (shared path along the western side of Nepean Avenue) was the preferred option due to surveillance and a number of access issues. RECOMMENDED That: 1. The information contained in the report on Nepean Avenue, Penrith Proposed Active Transport Infrastructure be received. 2. The Access Committee is in favour of Option 2 for a range of access and surveillance reasons. Adam Wilkinson left the meeting at 5.58pm. OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT 3

Disability Inclusion Action Plan 2017-21 - Consultation Progress Report

Claire Galvin spoke to the report and advised of the outcomes of the community consultations undertaken as part of the Disability Inclusion Action Planning process. A progress report regarding the Community Consultations was emailed to Access Committee members prior to tonight’s meeting. This report outlines preliminary information from the community forums and focus groups when Council officers met with people with disabilities from different age groups and support needs. Some of the issues raised by the focus groups and community forums were:         

Accessible parking Need for accessible adult change facilities Transport Accessible playgrounds with fences around them Continuous paths of travel A sensory garden – liveable communities Employment Easier access to information Easier access to the MLAK system.

Councillor Cornish returned to the meeting at 6.02pm. Claire Galvin advised that the next steps are to meet with Kurrambee School and Children’s Services to further engage and obtain the views of children and young people. Internal workshops with Council staff will also be held. David Currie highlighted that there is still no lower counter area in the foyer of the Council Civic Centre. Discussion was held regarding community attitudes to inclusion and inclusion also being two way. It is also important for people with disabilities to be positive.

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Other issues discussed by the Committee included:    

People with an intellectual disability subjected to disparaging remarks People not feeling safe at night Access to pram ramps with mobility scooters and large wheeled prams Positive commentary from people regarding Council’s leadership with accessibility.

RECOMMENDED That the information contained in the report on the Disability Inclusion Action Plan 2017-21 Consultation Progress Report be received. 4 Disability Access Improvement Program Joe Ibbitson spoke to the report and provided details of the outcomes which were achieved in the 2015-16 Disability Access Improvement Program. These included work at St Clair Recreation Centre, a continuous path of travel in Miller Street Colyton, a contribution to the 2016 Nepean Disability Expo, the No Boundaries Art Group, seating near the Bennett wagons in St Marys and accessible signage. Joe Ibbitson detailed the proposed Disability Access Improvement Program projects for 2016-17. The list includes accessible facilities at Penrith Regional Gallery, Cranebrook Community Centre, support for the Jordan Springs All Abilities Playground launch, updating and rebranding of the Welcoming Customers with Disability booklet, audit of Council’s access maps, accessible events at the River Festival in November. Issues discussed by the Committee included:  Accessible parking at Cranebrook Community Centre  Provision of shuttle buses for the River Festival. Erich Weller advised that Council officers would check the accessible parking at Cranebrook Community Centre. Joe Ibbitson advised that the tentative date for the opening day of the Jordan Springs All Abilities Playground is Sunday 16 October. Everyone who has been a member of the Access Committee in the past four years will be sent an invitation to the opening. RECOMMENDED That: 1. 2. 3. 4.

The information contained in the report on the Disability Access Improvement Program be received. The Access Committee supports the proposed projects to receive funding support from the Disability Access Improvement Program in 2016/17. Council be thanked for the increase in Disability Access Improvement Program funding which commenced in 2013-14. Council be requested to consider a further increase in the Disability Access Improvement Program funding allocation plus an annual increase to maintain the spending capacity.

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GENERAL BUSINESS GB 1

Expression of Interest Process

Joe Ibbitson advised that expressions of interest for community membership of the Access Committee are now open. Current community members may apply by sending a letter as an expression of interest as their previous application and details are already on file. GB 2

Thank you to Councillor Jackie Greenow OAM

Access Committee members and Council officers unanimously applauded Councillor Greenow’s leadership, guidance and support of the Committee over many years. Councillor Greenow was commended for her passion for access, caring for the broader community as well as Committee members. All Access Committee members thanked Councillor Greenow for her many years of leadership on the Committee and agreed she was a highly respected advocate for people with disabilities. Michael Morris, who is also retiring from the Access Committee, thanked Councillor Greenow for her leadership and thanked Councillor officers and community members for their support. The Committee thanked Michael Morris for his contribution and passion for access. Councillor Greenow spoke about the history of the Access Committee, which she joined in 1995. In April 2000 the Access Committee became a Committee of Council and all agreed that many positive changes have occurred during this time. RECOMMENDED That Councillor Jackie Greenow OAM be thanked for her long dedicated service and contribution to the Access Committee. GB 3

Next Meeting

Erich Weller advised that the next Access Committee meeting would likely be held on 14 December 2016. The expressions of interest to become a community member of the Committee need to be reviewed and recommendations for appointment be reported to Council. The Councillor appointments to the Committee will also be made after the Local Government election. There being no further business the Chairperson declared the meeting closed the time being 6.35pm. RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 August, 2016 be adopted.

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OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

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5 September 2016

Draft 2015-16 Financial Statements

Compiled by:

Brett Richardson, Acting Financial Services Manager

Authorised by:

Andrew Moore, Chief Financial Officer

Outcome Strategy Service Activity

We have confidence in our Council Ensure our finances and assets are sustainable and services are delivered efficiently Manage Council's financial sustainability and meet statutory requirements

Executive Summary The draft 2015-16 Financial Statements have been completed and will be presented at this meeting. The Financial Statements are prepared by Council staff, using the accrual method of accounting, and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. Introduction This report covers:  Addressing of the meeting by Council’s Auditor  Legislative requirements  Background to the Financial Policies  Budget Performance, and  Summary of Financial Results. Addressing of the Meeting by Council’s Auditor Mr Gary Mottau, a Partner of Hill Rogers (HR), will be addressing the meeting. Gary has strong experience in both Local Government and auditing, and HR has a large number of New South Wales councils as audit clients. This is the third year that HR has been Council’s auditor. Legislative Requirements The Local Government Act requires the following steps: 1. 2. 3. 4. 5.

Council officers prepare the financial statements Council issues a statement that the accounts are in order Council refers the financial statements to its auditors for checking The Auditor returns the financial statements with an audit opinion attached The statements are placed on public display and the community may make submissions, and 6. The statements are formally presented during a council meeting. Council officers have completed step 1 by preparing the statements and this report recommends completion of steps 2, 3, 4 and 5 at tonight’s meeting. The auditors have received an advance copy of the financial statements and have now completed several weeks of their audit program. It is considered appropriate that Council issue the required statement for the 2015-16 accounts.

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Current Situation The Financial Statements have been prepared by Council officers, using the accrual method of accounting, and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The financial statements are required to be audited by an independent auditor, and lodged with the Office of Local Government (OLG) before 31 October each year. An audited copy of the financial statements was presented to a meeting of Council’s Audit Committee on 24 August 2016. At that meeting, it was resolved that: “1. The information contained in the report on the Draft 2015-16 Financial Statements be received. 2. The Audit Committee refers the 2015-16 Financial Statements to Council for signing.” All Entity consolidations and final audit adjustments have now been processed and are included in the Financial Statements. The Draft Financial Statements are attached to this report, and a hard copy can be provided upon request. Summary of Financial Results The following figures provide a summary of the key results for 2015-16. A final copy of the Annual Financial Statements can be provided, once they have been adopted by Council. Council’s financial performance is aligned with its continued focus on long-term financial sustainability. All figures are in $’000 unless otherwise stated 2015-16 2014-15 % Change 269,417 245,232 9.9 200,038 183,819 8.8 69,379 61,413 13.0 14,250 14,833 -3.9 55,129 46,580 18.4 3,614,197 2,990,380 20.9 3,499,855 2,876,997 21.6 64,394 67,788 -5.0 108,264 86,672 24.9

Item Revenue (including capital) Operating Expenditure Net Surplus Operating results before capital Capital Grants and Contributions Total Assets Total Equity at 30 June Total Borrowings (excl bank overdraft) Cash and Investments Key Indicators 1.80 Unrestricted Current Ratio 1.60 12.5 2.03 Adjusted Unrestricted Current Ratio* 1.90 6.8 3.00% Rates Outstanding Ratio 3.36% -10.7 2.08 Debt Service Cover Ratio 2.64 -21.4 * removes the forward-funded section 94 works (from internal reserves) ahead of receipts Council’s financial position as at 30 June 2016 reflects a strong performance by Council during the 2015-16 Financial Year. All significant financial performance measures are in line with expectations and Council’s short term financial position is sound. After allowing for $55.1m of capital grants and contributions, Council finished the year with a surplus from ordinary activities of $69.4m (2014-15 surplus of $61.4m). Unrestricted current assets exceed current liabilities by a ratio of 1.80:1. This is above the Office of Local Government’s benchmark of 1.5:1. As previously discussed with Council, this ratio is constrained each year by Council’s practice of forward funding s94 works in advance

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of contributions by borrowings against internal reserves. For 30 June 2016 these borrowings amounted to $7.8m. Council’s adopted benchmark is 1.25:1 (including internal loans). Once this indicator has been adjusted for internal loans for section 94 funding against reserves, the indicator increases to 2.03:1. The outstanding loan liability has decreased to $64.4m ($67.8m in 2014-15). Code of Accounting Update 22 for 2013-14 amended the indicators used in measuring debt servicing, and introduced the Debt Service Cover Ratio. This ratio aims to measure the availability of operating cash to service debt (including interest, principal, and lease payments). The benchmark is greater than 2. For 2015-16, Council’s indicator was 2.08 (2.64 in 2014-15). Council’s weighted interest rate on borrowings has decreased from 4.50% at 30 June 2015 to 4.23% at 30 June 2016 due to the lower costs of capital, and the volume of refinancing included in 2014-15 (around $5m). Council’s investment policies and strategies have been effective in producing solid returns on ratepayers’ funds. Council’s average return on investments for 2015-16 is 2.96% (201415 – 3.38%), which has outperformed Council’s benchmark (90 day BBSW) of 2.19%. Detailed Key Indicators Code Update 22 for 2013-14 included updated indicators which have again been included in the attached 2015-16 Draft Financial Statements.  Operating performance – measures Council’s achievement of containing operating expenditure within operating revenue. Capital grants and contributions, fair value adjustments, and reversal of revaluation decrements are excluded. The benchmark is greater than 0%. In 2015-16, Council’s indicator was 1.4% (6.22% in 2014-15).  Own source operating revenue – is the degree of reliance on external funding sources such as operating grants and contribution. The benchmark is greater than 60% - a higher percentage means a council receives more of its revenue from rates, fees, and charges, and is less reliant on grants and contributions. In 2015-16, Council’s indicator was 67.6% (68.3% in 2014-15).  Debt service cover ratio – measures the availability of operating cash to service the debt including interest, principal and lease payments. The benchmark for this indicator is anything over 2. For 2015-16, Council’s indicator was 2.08 (2.64 in 2014-15).  Cash expense cover ratio – indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow. The benchmark is greater than 3 months. Council’s indicator for 2015-16 was 5.25 months (4.61 months in 2014-15). 2015-16 Budget Performance Council’s June Quarter and Year End Review was reported to the Ordinary Meeting of Council held 22 August 2016. Commentary relating to Council’s performance was provided in the “Organisational Performance Report”. The budget result for 2015-16 is a surplus of $132,400 after allowing for a number of transfers to reserve. Over the course of 2015-16, favourable budget variations have enabled Council to provision for contingencies, and in the June Review allocated $1.5m to various reserves. The June Review of the 2015-16 Operational Plan is available on Council’s website, and a hardcopy version is available to the public upon request.

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Key factors in the production of this year’s Financial Statements are discussed below. Fair Value Council concluded its move to Fair Value in the 2010-11 Financial Statements with the revaluation of Community Land. The OLG issued Circular (12-09), and confirmed the revaluation cycle of IPPE to a maximum 5 year cycle (unless Council assesses there has been material changes to the valuations beforehand). The dates for the next round of valuations are listed in the table below: Asset Class Community Land; Other Assets; Land Improvements Water and Sewer Property, Plant and Equipment; Operational Land; Buildings Roads, Bridges, Footpaths, Drainage

Due 30 June 2016 30 June 2017 30 June 2018 30 June 2020

As shown in the table above, Council was required to conduct a revaluation for its Community Land, Other Assets, and Land Improvement assets at 30 June 2016. The revaluation of these assets have been completed as part of the 2015-16 year end process, and have added $553m to Council’s Balance Sheet through Infrastructure, Property, Plant, and Equipment. This increase is attributable to:  Land Under Roads increasing $542m due to the update of the 2015 valuations as provided by the Valuer General. Previous year’s recognition of LUR used the 2012 valuations. This large increase in LUR is due to the increase in the values, and the amount of LUR that Council has – 3,200 hectares.  Community Land increased $10.2m mainly due to the valuations provided by the Valuer General that is used for the recognition of Council’s Community Land.  Artworks increased by $1.3m from an insurance valuation conducted in 2015-16. Investment Properties Council initially booked its Investment Properties in the 2004-05 Financial Year. At this point Council’s Investment Property portfolio was valued at $9.0m. These properties are assessed and valued in line with market conditions using a registered valuer each year. Any gains or losses are booked to the Income Statement. In 2013-14, Council engaged an external valuer to conduct these valuations. The result of these valuations was a slight decrease of $501,000 (2.4%) being recorded against Council’s Investment Properties. This was the first time in 10 years that the values of these properties had been externally valued – they had previously been valued internally by a registered valuer employed by Council. The reduction in value for 2013-14 was mainly attributable to the prevailing market conditions. As at 30 June 2014, Council’s Investment Properties were valued at $20.2m. During 2014-15, Council sold three of its Investment Properties for a total of $6.5m, reducing the value of this asset class to $14.1m. As part of the 2014-15 Financial Statement process, Council commissioned a “desktop update” of the valuations of Investment Properties. This update was conducted by the same external firm that completed the full review of Council’s Investment Properties for the 2013-14 Statements. The result of these updated valuations was an increase in the value of Council’s Investment Properties of $1.3m (9.2%). The total value of Investment Properties reported in Council’s 2014-15 Financial Statements was $15.4m.

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Again in 2015-16, Council engaged the same external firm to conduct a desktop update of Investment Properties. This resulted in an increase in the value of these Investment Properties of $3.9m (25%). The value of Council’s Investment Properties at 30 June 2016 was $19.2m. Council’s Infrastructure Assets During 2014-15 JRA was commissioned to provide a report to Council on its Infrastructure Assets. JRA provided their “Infrastructure Assessment Report” in June 2015. This report found that Council’s infrastructure backlog presents a manageable financial risk, with the infrastructure sustainability targets under Fit for the Future being achievable within 5 years. The backlog previously reported in Special Schedule 7 included low risk items to bring to satisfactory standard. The report of JRA recalculated the backlog to align with community expectations for affordable levels of service and remove upgrade / expansion amounts. Special Schedule 7 - “Report on Infrastructure Assets” - in the attached Financial Statements has retained this methodology for 30 June 2016. The estimated cost to bring to satisfactory standard (BTS) stands at $15.9m at 30 June 2016. There are several indicators that are also shown in Special Schedule 7: o

o

o

Infrastructure renewals ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating. Council’s indicator in 2015-16 was 53.04% (39.16% in 2014-15). The benchmark is greater than 100%. Infrastructure backlog – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2015-16 was 1.32% (1.36% in 2014-15). The benchmark is less than 2%. Asset maintenance ratio – compares the actual versus required annual asset maintenance. A ratio of above 1.0 indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. The benchmark is greater than 1.0. Council’s indicator for 2015-16 was 1.07 (1.14 in 2014-15).

Recognition of Land Under Roads (LUR) AASB 1051 was issued in December 2007 and deals with Land Under Roads (LUR). As previously mentioned, Council also revalued all LUR based on new valuations received by the Valuer General that determines the municipal rate that is used in the calculation. Total LUR that is recognised in Note 9 of the Financial Statements now stands at $1,934m. Legislative Requirements The Local Government Act classifies various transactions as being write-offs of rates and charges. The reasons for write-offs include properties becoming exempt from rates, pensioner rebates, changes in rating category, rounding down of payments by up to 4 cents, postponed rates, domestic waste charges reversed because they were levied in error and rates and charges reversed due to amended valuations. The following tables summarises the rates and sundry debtor’s amounts written off during 2015-16 under delegated authority, or pursuant to Council resolutions, and are provided for information:

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Rates And Charges Written Off

$

General Rates

244,375

Extra Charges

38,052

Domestic Waste

22,878 TOTAL

Pensioner Rebate Abandonments General Rates - Statutory

305,305 $ 1,864,006

Domestic Waste - Statutory TOTAL

670,535 2,534,541

Sundry Debtor Abandonments

$

Sundry Debtor

54,908 TOTAL

54,908

Extra charges include interest and legal costs, and are written off due to financial hardship, and where the original rate or domestic waste charge is required to be written off. During 2015-16, stores and tools to the value of $44,827 were written off: Stores & Materials Written Off Stores and Tools

$ 44,827

TOTAL

44,827

Sundry Debtors Recommended for Write-Off (not included in the above) As part of the year-end review, Sundry Debtors are reviewed for potential write-off. For the 2015-16 year-end review, the following Debtors are recommended to be written off: Ms Harvey (SD57597) - $2,405 This debt was raised in December 2014 for outstanding childcare fees between June and September 2014. Council Officers have carried out an electoral roll search in an attempt to locate the debtor. Ms Harvey no longer lives at the address supplied by Ridge-ee-Didge Children’s Centre, and Council’s officers could not locate the debtor or speak with her on the contact numbers provided, despite leaving several messages. An amount of $1,850 was written off in 2003 and $1,276 was written off in 2006 for previous outstanding childcare debts after legal action was exhausted due to the hardship of the debtor. Ms Harvey is a single mother with four children, does not work, and is in receipt of the pension. All goods of value had already been taken and sold at auction from previous Writs and the debtor owned no remaining goods of value.

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No payments have been received from this debtor and legal action was not taken as the debtor cannot be located. Selwan Hammou (SD60787) - $36,593 This debt was raised in May 2013 for the recovery of fines as a result of a criminal conviction for offences against Protection of the Environment Operations Act 1998. This matter arose out of an investigation conducted by a RID Squad officer in relation to a property in St Marys where the Defendant was convicted of dumping construction waste. The Local Court made orders requiring the Defendant to pay approximately $36,593 in fines. Those orders were made in February 2013. In November 2012, the defendant was declared bankrupt. Despite further debt recovery action, no payments have been received for this debt. Given that the defendant was bankrupt, recovery of the monies is highly unlikely, and it is no longer considered cost effective for Council to pursue this debt. Zaika Indian Pty Ltd (SD60706) - $3,958 This debt was raised between September 2011 and April 2015 for health inspections, annual administration charges, an improvement notice and legal fees. Strike off action is currently in progress for Zaika Indian Pty Ltd. Council is not listed as a secured debtor in these proceedings and once the company’s assets are dissolved, it is extremely unlikely that Council will receive any payment towards the debt. No payments have been received for this debt. Summary The draft Financial Statements are presented for Council to form its opinion. The required opinion is set out in the following recommendation. If resolved, the Statement of Council's Opinion can be signed and handed to the auditors at tonight’s meeting. The 2015-16 Annual Financial Statements are nearing completion. Council’s financial position as at 30 June 2016 reflects the strong performance of Council during the year. All significant financial performance measures are in line with expectations and Council’s short term financial position remains sound. After allowing for $55.1m of capital grants and contributions, Council finished the year with a surplus from ordinary activities of $69.4m. RECOMMENDATION That:

1.

The information contained in the report on Draft 2015-16 Financial Statements be received

2.

Pursuant to s413(2)(c) it is the Council's opinion that: a. The financial statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Code requires a phasing in of the new accounting requirements b. The statements comply with Australian Statements of Accounting Concepts c. The financial statements present fairly the Council's financial position as at 30 June 2016 and the operating result for the year

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then ended d. The statements are in accord with Council's accounting and other records.

3. Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that: a. The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable. b. The report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards. c. The financial statements present a modelled scenario for comparative purposes. They do not report an actual result.

4. Council confirm its endorsement of the budget in the knowledge that some of its business activities are not making commercial returns. The existence of notional subsidies represents Council’s commitment to its community service obligations.

5. The Statements be forwarded to Council's Auditors. 6. Abandonments for 2015-16 as detailed, including those Sundry Debtors detailed in the report, be written off.

7. The balance of stores and materials be adjusted in the stores and materials registers in accordance with the various write-offs. ATTACHMENTS/APPENDICES 1. Draft 2015-16 Financial Statements 138 Pages Attachments Included

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5 September 2016

End of Term Report

Compiled by:

Allegra Zakis, Corporate Planning Coordinator

Authorised by:

Andrew Moore, Chief Financial Officer

Outcome Strategy Service Activity

We have confidence in our Council Provide opportunities for our community to participate in making decisions about the City's future Provide information about Council's services and policy positions

Executive Summary Under the Integrated Planning and Reporting Legislation Council must prepare an End of Term Report and present it to the final meeting of the outgoing Council. The report must summarise the progress made towards the Community Outcomes and cannot be used for election purposes. This report recommends that the End of Term Report be adopted, and, in accordance with the legislation, be included as an Appendix to the 2015-16 Annual Report. Background The Integrated Planning and Reporting legislation under the Local Government Act sets the reporting schedule council must follow to ensure we are providing regular information to the community on our activities and progress towards our adopted outcomes. Quarterly and six monthly reports are prepared to outline our progress against the Operational Plan, including any matters off track or over budget. The Annual Report provides information on how we are progressing against our stated activities in the Delivery Program and the End of Term Report provides information on how we are progressing towards the outcomes contained in the Community Plan. End of Term Report The End of Term Report is unique in that it is not prepared on a financial year basis – the reporting period runs from September 2012 to September 2016. There has been much to celebrate during this time, as well as some significant challenges which have impacted on our ability to deliver on all of our commitments. What we have achieved as a growing city, and the steps we have taken to plan for our future are presented at the beginning of the report, followed by a summary of our income and expenditure from 1 July 2012 to 30 June 2016. More detailed information on each of the Community Outcomes is also provided. The End of Term Report is also intended to provide information and guidance to the incoming Council, and inform their preparation of the new Community Strategic Plan and Delivery Program. It identifies the issues and achievements that have shaped our City for the past four years, and what we need to be aware of going forward. This is only the second End of Term Report we have prepared since the introduction of the legislation, and since 2012 the Office of Local Government has clarified that this report cannot be used as election material in the upcoming Council election. For this reason, the End of Term Report attached to tonight’s Business Paper will not be published as a separate document until after the election.

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RECOMMENDATION That:

1.

The information contained in the report on End of Term Report be received.

2.

The End of Term Report be adopted by Council and included as an Appendix to the 2015-16 Annual Report.

ATTACHMENTS/APPENDICES 1. End of Term Report 45 Pages Attachments Included

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Council Operations between the Local Government Election and the 26 September 2016 Ordinary Council Meeting

Compiled by:

Adam Beggs, Governance Officer

Authorised by:

Glenn McCarthy, Governance Manager

Outcome Strategy Service Activity

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

Executive Summary The Local Government Elections will be held on Saturday 10 September 2016. Under section 233(2)(b) of the Local Government Act 1993 all Councillors – other than the Mayor – cease to hold office on the day of the ordinary election. The position is different for the Mayor. Under section 230(3)(b), the Mayor holds the Mayoral position until a successor is declared to be elected to the office. This applies whether or not the Mayor is re-elected as a Councillor at the ordinary election. The proviso is that for a Mayor elected by the Councillors, that the Mayoral election must be held within 3 weeks after the ordinary election. Council, in anticipation of the poll being declared by mid-September has resolved that the Mayoral Election be held on Monday 26 September 2016 (which is 16 days after the ordinary election). Current Situation Council’s current practice stipulates that development applications falling within the nine categories set out below must be brought to Council. These include applications for which: 1. 2. 3. 4. 5. 6.

A Councillor has requested that the matter be determined by the Council; Significant public objection has been raised; The application generates significant traffic, or otherwise warrants referral to Council; The development is proposed to be undertaken upon land owned by Council; The applicant is Council; The applicant is a Councillor, or related to a Councillor, and the application is for a development which is either:  On land other than that which is their current or proposed place of residence, or  Not to be used for residential purposes by the applicant; 7. The applicant is an employee of Council, or related to an employee of Council, and the application is for development which is either:  On land other than that which is their current or proposed place of residence, or  Not to be used for residential purposes by the applicant; 8. The development was commenced ahead of development consent being sought; 9. The development is a place of public worship or community centre. The upcoming elections will effectively result in deferring the determination of development applications within these categories for a period of 6 weeks until the Ordinary Meeting to be held on 24 October 2016, with the business of 26 September Ordinary Meeting being

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confined to the Mayoral/Deputy Mayoral election and appointment of Committees only. It is considered prudent for interim alternative governance arrangements to be put in place. Council presently has a policy ‘Decision-Making Arrangements during Council’s Christmas Recess’ whereby development applications which would normally warrant reporting to Council, can be determined by the General Manager, under the General Manager’s delegation, in consultation with the Mayor, or in the Mayor’s absence, the Deputy Mayor. This same policy could be applied, but with the modification for the period when Council has no Deputy Mayor (i.e. from 10 September 2016 to 25 September 2016). It is proposed therefore that:  for the period between the day following the last Ordinary meeting of the present Council (6 September 2016) up until the day prior to the Council Election (09 September 2016), that development applications which would normally warrant reporting to Council, be determined by the General Manager, under the General Manager’s existing delegations, and the Mayor, or in the Mayor’s absence, the Deputy Mayor be consulted prior to determination.  for the period between the Council Election (10 September 2016) and the day before the first Ordinary meeting of the new Council (25 September 2016), that development applications which would normally warrant reporting to Council, be determined by the General Manager, under the General Manager’s existing delegations, and the Mayor be consulted prior to determination.  for the period between the day following the first Ordinary meeting of the new Council (27 September 2016) and the day prior to the second Ordinary meeting of the new Council (24 October 2016), that development applications which would normally warrant reporting to Council, be determined by the General Manager, under the General Manager’s existing delegations, and the Mayor, or in the Mayor’s absence, the Deputy Mayor be consulted prior to determination. Other routine Council operational and administrative matters will continue as normal. The General Manager will exercise his powers to ensure the smooth operation of the organisation. At this stage Council Officers are not aware of any Development Applications which need to be determined during the above periods. In the event that any Development Applications need to be determined these will be reported to Council in accordance with the above protocols. RECOMMENDATION That: 1.

The information contained in the report on Council Operations between the Local Government Election and the 26 September 2016 Ordinary Council Meeting be received

2.

Development Applications which would normally warrant reporting to Council between 6 September 2016 and 24 October 2016 inclusive be determined under the General Manager’s delegation by: 



the General Manager, after consultation with the Mayor, or in the Mayor's absence, the Deputy Mayor, in the periods from 6 September 2016 to 9 September 2016 inclusive and from 27 September 2016 to 23 October 2016 inclusive; the General Manager, after consultation with the Mayor, in the period from 10 September to 25 September 2016.

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A report be presented to the Ordinary Council Meeting to be held on 24 October 2016 if any delegations of authority were used during the above periods.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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COMMITTEE OF THE WHOLE DELIVERY PROGRAM REPORTS CONTENTS Pecuniary Interests Other Interests Monday September 5 2016 Item

Page

1

Presence of the Public

1

2

Senior Staff Matters

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5 September 2016

Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993. A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises: (a)

the discussion of any of the matters listed below; or

(b)

the receipt or discussion of any of the information so listed.

The matters and information are the following: (a)

personnel matters concerning particular individuals;

(b)

the personal hardship of any resident or ratepayers;

(c)

information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)

commercial information of a confidential nature that would, if disclosed: 

prejudice the commercial position of the person who supplied it; or



confer a commercial advantage on a competitor of the Council; or



reveal a trade secret.

(e)

information that would, if disclosed, prejudice the maintenance of the law;

(f)

matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)

advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. The grounds must specify the following: (a)

the relevant provision of section 10A(2);

(b)

the matter that is to be discussed during the closed part of the meeting;

(c)

the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Corporate Governance

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Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public The process which should be followed is: 

a motion, based on the recommendation below, is moved and seconded



the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public



if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.



if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below. RECOMMENDATION That: Outcome 7 2

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.

Corporate Governance

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ATTACHMENTS Date of Meeting:

Monday 5 September 2016

Report Title:

Draft 2015-16 Financial Statements

Attachments:

Draft 2015-16 Financial Statements

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ATTACHMENTS Date of Meeting:

Monday 5 September 2016

Report Title:

End of Term Report

Attachments:

End of Term Report

Ordinary Meeting Attachment 1 - End of Term Report

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ATTACHMENT

Date of Meeting:

5 September 2016

Delivery Program: Outcome 7 Service:

Financial Services

Report Title:

2016-2017 Voted Works

2016-2017 VOTED WORKS as at 5 September 2016 Description of Allocation

Meeting Approved

Amount $

Expenditure

Manager Responsible

SOUTH WARD Amount Available for 2016-2017 Funds brought forward from 2015-2016 2016-2017 Funds Total Vote for 2015-16 Amounts Allocated Men's shed concrete slab

15

22-Aug-16

109,272 53,000 162,272 21,000

Total Vote Committed

21,000

TOTAL VOTE UNCOMMITTED FOR SOUTH WARD

141,272

-

CCDM

-

CPM

-

PM

NORTH WARD Amount Available for 2016-2017 Funds brought forward from 2015-2016 2016-2017 Funds Total Vote for 2015-16 9-May-16 25-Jul-16

Amounts Allocated RR2 Memorial seats at Llandilo Public School UB1 Fencing of Cranebrook Dog Off Leash Area

181,510 53,000 234,510 5,400 39,000

Total Vote Committed

44,400

TOTAL VOTE UNCOMMITTED FOR NORTH WARD

190,110

CPM

EAST WARD Amount Available for 2016-2017 Funds brought forward from 2015-2016 2016-2017 Funds Total Vote for 2015-16

133,431 53,000 186,431

Amounts Allocated 22-Aug-16

11

Penrith Mayoral Challenge 2016 - Chapman Gardens Kingswood

17,000

Total Vote Committed

17,000

TOTAL VOTE UNCOMMITTED FOR EAST WARD

169,431

Total Vote for 2016-17 Less Total Vote Committed

583,213 82,400

TOTAL VOTE UNCOMMITTED

500,813

SUMMARY