minutes of ordinary meeting - 1 may 2018 · confirmation of minutes ... with an equal gender...

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

1 May 2018

INDEX

Minute File No. SUBJECT Page

APOLOGIES ..................................................................................... 3 131 CONFIRMATION OF MINUTES – EXTRAORDINARY

MEETING 4 APRIL 2018 ................................................................... 3 132 CONFIRMATION OF MINUTES – EXTRAORDINARY

MEETING 17 APRIL 2018 ................................................................. 4 DECLARATIONS OF INTEREST – ORDINARY MEETING .............. 4 133 18/86668 GENERAL MANAGER RECRUITMENT AND SELECTION PANEL . 5 134 18/86668 GENERAL MANAGER RECRUITMENT AND SELECTION PANEL . 5 135 18/86944 RESPONSE TO INDEPENDENT ASBESTOS INVESTIGATION

FINDINGS ......................................................................................... 6 136 18/88471 COMMONWEALTH BANK CLOSURE IN BLAXLAND ...................... 7 137 18/93186 COUNCILLOR ACCESS TO INDEPENDENT ASBESTOS

INVESTIGATION REPORTS ............................................................ 8 138 18/93186 COUNCILLOR ACCESS TO INDEPENDENT ASBESTOS

INVESTIGATION REPORTS ............................................................ 9 139 PROCEDURAL - PROCEDURAL MOTION .....................................10 140 18/81877 STAFF RECRUITMENT AND APPOINTMENT INVESTIGATION

REPORT - MONTHLY ACTIONS STATUS REPORT. .....................10 141 18/82281 BMCC IMPROVEMENT PLANS ADOPTED IN RESPONSE TO

ASBESTOS INVESTIGATION INTERIM REPORTS 1, 2, 3 AND FINAL REPORT. ..............................................................................11

142 18/67523 PUBLIC EXHIBITION OF DRAFT DELIVERY PROGRAM 2017-2021 AND OPERATIONAL PLAN 2018-2019 ..................................11

143 18/54861 POST-EXHIBITION RESULTS - LOCAL APPROVALS POLICY ......12 144 18/77474 PERFORMANCE OF INVESTMENTS FOR MARCH 2018 ..............13 145 17/191318 WARRABINGA-WIRADJURI NATIVE TITLE CLAIM ........................13 146 18/46125 SCENIC EASTERN ESCARPMENT MASTER PLAN – FINAL FOR

ADOPTION ......................................................................................14 147 17/47805 RELATIONSHIP DECLARATION SERVICE REVIEW .....................15 148 17/151216 COMMUNITY INVOLVEMENT IN COUNCIL'S HERITAGE

MANAGEMENT PROGRAM AND HERITAGE ADVISORY COMMITTEE UPDATE ....................................................................16

149 18/60155 TENDER REPORT - CONSTRUCTION OF A VISITOR INFORMATION CENTRE AT 44-50 ECHO POINT DRIVE, KATOOMBA .....................................................................................16

150 18/60155 TENDER REPORT - CONSTRUCTION OF A VISITOR INFORMATION CENTRE AT 44-50 ECHO POINT DRIVE, KATOOMBA .....................................................................................17

151 18/63276 BULLS CAMP MANAGEMENT ........................................................18 152 17/207256 DRAFT AMENDMENT 10 TO LEP 2015 (HOUSEKEEPING 2) .......19 153 18/71938 VARIATIONS/EXCEPTIONS TO DEVELOPMENT STANDARDS ...20 154 18/87720 GREAT WESTERN WALK ...............................................................20 155 18/87727 COUNCIL PROCUREMENT POLICY ..............................................22 156 18/87728 CORPORATE ASBESTOS REGISTER ...........................................22 157 18/87308 PRECIS OF SELECTED CORRESPONDENCE ..............................23 158 PROCEDURAL - MATTER OF URGENCY ......................................24 159 PROCEDURAL - MATTER OF URGENCY ......................................24 160 PROCEDURAL - MATTER OF URGENCY ......................................26 161 PROCEDURAL – QUESTION THAT MEETING CLOSE ..................26

INDEX Contd

Minute File No. SUBJECT Page

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Unconfirmed Minutes Ordinary Meeting 1 May 2018

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Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 1 May 2018, commencing at 7.30pm.

* * * * * * * * * * There were present: The Mayor (Councillor Greenhill) in the Chair, and Councillors Bowling, Brown, Christie, Fell, Foenander, Hoare, Hollywood, McGregor, Myles, Schreiber, Van der Kley.

* * * * * * * * * *

In attendance: General Manager; A/Director Service Delivery; A/Director City & Community Outcomes; Director Development & Customer Services; A/Group Manager, People & Systems, A/Group Manager Integrated Planning and Finance; Executive Officer; Manager Development & Planning Services; Program Leader Corporate Communications & Marketing; Executive Principal; Meeting & Councillor Support Officer; Senior Environmental Ranger.

* * * * * * * * * * Prayer/Reflection: The Prayer/Reflection was read by the Mayor, as was the acknowledgement of the traditional owners, the Darug and Gundungurra people.

* * * * * * * * * *

Apologies

Nil

* * * * * * * * * *

Confirmation of Minutes - Ordinary Meeting – 27 March 2018

That the confirmation of the Minutes of the Ordinary Meeting of 27 March 2018 deferred for one meeting, to consider the recording of Questions with Notice.

* * * * * * * * * *

MINUTE NO. 131

Confirmation of Minutes - Extraordinary Meeting - 4 April 2018

A MOTION was MOVED by Councillors Van der Kley and Fell:

That the Minutes of the Extraordinary Meeting of 4 April 2018 be confirmed.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors


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Christie Fell Myles Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 132

Confirmation of Minutes - Extraordinary Meeting – 17 April 2018

A MOTION was MOVED by Councillors Van der Kley and Christie:

That the Minutes of the Extraordinary Meeting of 17 April 2018 be confirmed.


For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare Schreiber

* * * * * * * * * *

Declarations of Interest – Ordinary Meeting, 1 May 2018 Councillor Foenander declared a non-significant, non-pecuniary interest with respect to Item 6:

“I am declaring that I am on the board of the Springwood Neighbourhood Centre and that I have family employed at the Aquatic Centre and therefore will be leaving the Chamber for the debate and the vote.”

* * * * * * * * * *


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MINUTE NO. 133

MM1. 18/86668. General Manager Recruitment and Selection Panel

A MOTION was MOVED by Councillors Brown and Schreiber:

1. That, noting the immediate need to commence recruitment action for the General Manager’s role to take effect from November 2018 at the latest, the Council establish a General Manager Recruitment and Selection Panel for the purpose of determining and managing the recruitment and appointment process for the position of General Manager, as outlined in the following terms of reference: a. The General Manager Recruitment and Selection Panel comprising the

councillor representative reflecting the makeup of council, and an independent, in accordance with the OLG Guidelines;

b. The General Manager Recruitment and Selection Panel engage independent recruitment expertise to assist in carrying out the process;

c. The General Manger Recruitment and Selection Panel, following completion of an initial recruitment and selection process, recommend for council three preferred candidates for the whole of council to interview and select from;

d. The General Manager Recruitment and Selection Panel, following Council approval of a candidate for appointment to the position of General Manager, negotiate a four (4) year performance based Standard Contract of Employment (General Managers of Local Councils in New South Wales); and

e. The General Manager Recruitment and Selection Panel report back to Council as to the outcome of the negotiation and commencement date as soon as practicable;

2. That the Council appoints Councillors reflecting the political makeup of council and

with an equal gender balance as representatives on the General Manager Recruitment Panel; and

3. That the Council appoints Alan Stoneham, being a suitably qualified person independent of the Council, as a representative on the General Manager Recruitment and Selection Panel.

Upon being PUT to the Meeting, the MOTION was LOST, the vote being:

For Against

Councillors Christie Councillors Greenhill Brown Fell Hoare Myles Schreiber Hollywood Van der Kley McGregor Bowling Foenander

MINUTE NO. 134

A MOTION was MOVED by Councillors Greenhill and Foenander: 1. That, noting the immediate need to commence recruitment action for the General

Manager’s role to take effect from November 2018 at the latest, the Council establish a General Manager Recruitment and Selection Panel for the purpose of determining and managing the recruitment and appointment process for the


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position of General Manager, as outlined in the following terms of reference: a. The General Manager Recruitment and Selection Panel comprising the

Mayor, Deputy Mayor and Alternate Deputy Mayor appointed as Councillor representatives, and an independent, in accordance with the OLG guidelines;

b. The General Manager Recruitment and Selection Panel engage independent recruitment expertise to assist in carrying out the process;

c. The General Manager Recruitment and Selection Panel, following completion of the recruitment and selection process, recommend for Council approval a preferred candidate for appointment to the position of General Manager;

d. The General Manager Recruitment and Selection Panel, following Council approval of a candidate for appointment to the position of General Manager, negotiate a four (4) year performance based Standard Contract of Employment (General Managers of Local Councils in New South Wales); and

e. The General Manager Recruitment and Selection Panel report back to Council as to the outcome of the negotiation and commencement date as soon as practicable;

2. That the Council appoints the Mayor, Deputy Mayor, and Alternate Deputy Mayor, as representatives on the General Manager Recruitment & Selection Panel; and

3. That the Council appoints Alan Stoneham, being a suitably qualified person independent of the Council, as a representative on the General Manager Recruitment and Selection Panel.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Greenhill Councillors Christie Fell Brown Myles Hoare Hollywood Schreiber Van der Kley McGregor Bowling Foenander

* * * * * * * * * *

MINUTE NO. 135

MM2. 18/86944. Response to Independent Asbestos Investigation Findings

A MOTION was MOVED by Councillors Greenhill and Van der Kley:

1. That the Council receives at the Ordinary Meeting on 29 May 2018 legal advice concerning the release of information from the Clyde & Co independent asbestos investigation, and concerning the form of that release, having regard to all relevant legal issues, including the continuing investigations by SafeWork NSW and the EPA in respect of the Council’s historic management of asbestos;

2. That the Council instructs the General Manager, taking into account the legal

advice provided to the Council in response to Resolution 1, to prepare and submit to the Ordinary meeting of the Council to be held on 29 May 2018 a confidential


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report which provides the Council’s preliminary response to the Clyde & Co independent investigation and which makes recommendations concerning the way in which that preliminary response should be released, in whole or in part; and

3. That the Council receives at the Ordinary Council meeting to be held on 29 May

2018 a report from the General Manager making recommendations concerning the Council’s approach to the release of information from the Clyde & Co independent asbestos investigation, including recommendations concerning the form of that release and concerning any other information that should accompany that release.


For Against

Councillors Greenhill Councillors Brown Christie Fell Myles Hollywood Van der Kley McGregor Bowling Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 136

MM3. 18/88471. Commonwealth Bank Closure in Blaxland

A MOTION was MOVED by Councillors Greenhill and Christie:

1. That the Council writes to the Commonwealth Bank expressing its concern at the closure of the Blaxland Branch on 25 May 2018;

2. That the Council writes to Susan Templeman, MP asking her to request the regulator to convince the Commonwealth Bank to change its decision to close the Blaxland Branch; and

3. That the Council writes to other community-minded banks, including the Bendigo

Bank, expressing Council’s support for a replacement service.


For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood Van der Kley McGregor Bowling Brown Foenander


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Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 137

MM4. 18/93186. Councillor Access to Independent Asbestos Investigation Reports

A MOTION was MOVED by Councillors Brown and Hoare:

1. That the Council notes that Councillors have only been given restricted access to the four investigation reports prepared by Clyde & Co and the two investigation reports prepared by McCullough Robertson;

2. That the Council notes that Councillors have barely have time to read the reports

during briefings meetings; 3. That the Council notes there is a serious question mark regarding whether or not

Councillors have been given enough information to carry out their statutory duties as members of the governing body;

4. That the Council notes that Councillors have been inappropriately told they are

obliged to return the reports to Council after having temporarily been given the redacted copies;

5. That the Council notes that the Reports have not been made available to the

Councillors as soon as they have been provided to Councils Solicitor; 6. That the Council notes that Councillors have been restricted from being briefed

and asking questions of the investigators;

7. That the Council acknowledges the shortcomings in its own governance regarding the investigations and immediately supplies all Councillors with full copies of all investigation reports;

8. That the General Manager arranges an urgent briefing at which all Councillors can

ask questions of the investigators once they (the Councillors) have been able to read the unredacted reports;

9. That the Council publicly releases the redacted copies of the Clyde & Co reports as

Council promised the residents of the Blue Mountains it would on 15 December 2017;

10. That the Council issues an apology to the people of Blue Mountains for not abiding

by its public statements on 15 December 2017 that it would release the Tooma reports publicly;

11. That the Council notes it claimed as a reason for not being suspended that the

Council would make the investigation reports public as SafeWork NSW is not in the practice of making reports public (see minutes copied below);

12. That the Council apologises to the Minister for Local Government for not keeping

its promise to make the asbestos investigation reports public as it said it would.



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For Against

Councillors Brown Councillors Greenhill Christie Fell Myles Hollywood Van der Kley McGregor Bowling Foenander Hoare Schreiber

MINUTE NO. 138

A MOTION was MOVED by Councillors Greenhill and Van der Kley: 1. That the Council notes that Councillors have participated in briefing sessions with

the Council's solicitor, during which each Councillor has had access to a redacted copy of each of the four investigation reports prepared by Clyde & Co (independent asbestos investigation) and the report prepared by McCullough Robertson (staff recruitment investigation) and that Councillors have participated in Council meetings at which each Councillor has held a redacted copy of those reports;

2. That the Council notes that individual Councillors have had the opportunity to participate in briefings additional to those referred to in resolution 1, facilitated by the Council's solicitor, and have also been informed that Councillors have the opportunity to meet with the Council's solicitor for one-on-one briefings, as required, by appointment;

3. That the Council notes and confirms that redacted copies of each of the four Clyde

& Co reports and of the McCullough Robertson report are held by the General Manager and are available for inspection by Councillors at the Council's Katoomba offices, by arrangement with the General Manager, during ordinary business hours;

4. That the Council notes individual Councillors will continue to have access to redacted copies of the four reports prepared by Clyde & Co and to the report prepared by McCullough Robertson, at the Council's Katoomba offices, by arrangement with the General Manager, during ordinary business hours;

5. That the Council notes and accepts the offer made by the Council's solicitor to

conduct, by appointment with one or more Councillors, further briefings to review the four Clyde & Co reports and the McCullough Robertson report and to answer any questions that Councillors may have in relation to those reports;

6. That the Council will, if so requested by three or more Councillors, arrange for the

Council's solicitor and for the General Manager to conduct a further briefing for all interested Councillors on the four Clyde & Co reports and the McCullough Robertson report, or in respect of any of those reports that are nominated by Councillors; and


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7. That the Council, through its solicitor, allow any of the three persons who were the

subject of the McCullough Robertson independent investigation to review the redacted copy of the McCullough Robertson report made available for review by Councillors, either with the Council’s solicitor or in the presence of a Council officer nominated by the General Manager.


For Against


* * * * * * * * * *

MINUTE NO. 139

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Myles and Fell: That the Council refers the matter of the return of confidential documents to the Executive Officer for appropriate action.


For Against

Councillors Greenhill Councillors Christie Fell Brown Myles Hoare Hollywood Schreiber Van der Kley McGregor Bowling Foenander

* * * * * * * * * *

MINUTE NO. 140

4. 18/81877. Staff Recruitment and Appointment Investigation Report - Monthly Actions Status Report.

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council notes and endorses Action Status Progress Report 1.0 BMCC Improvement Plan – Staff Recruitment and Appointment Investigation Report.


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For Against


* * * * * * * * * *

MINUTE NO. 141

5. 18/82281. BMCC Improvement Plans adopted in response to Asbestos Investigation Interim Reports 1, 2, 3 and final report.

A MOTION was MOVED by Councillors Hollywood and Fell:

That the Council notes and endorses Progress Report 2.0 BMCC Improvement Plans – Asbestos Investigation Interim Reports 1, 2, 3 and Final Report.


For Against


* * * * * * * * * *

MINUTE NO. 142

6. 18/67523. Public Exhibition of Draft Delivery Program 2017-2021 and Operational Plan 2018-2019

A MOTION was MOVED by Councillors Bowling and Myles:

1. That the Council endorses the draft update to the Delivery Program 2017-2021 and Draft Operational Plan 2018-2019 and accompanying Draft Fees and Charges 2018-


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2019 for placement on public exhibition for a period of 28 days from 3 May to 30 May 2018, with the exception to the following corrections to reflect the Council’s position in relation to Western Sydney Airport: (remove strikethrough)

Under 2.2 our key challenges on page 29 – Other challenges include; The possible adverse impact of the proposed Western Sydney Airport on the Blue Mountains quality of life and environment.

Under 4.3c Encourage existing and new development to apply sustainable and efficient use of resources D4322 – Continue advocacy against in relation to Western Sydney Airport including the impacts on the Blue Mountains environment and communities.

D4323.01 – Continue advocacy against in relation to Western Sydney Airport

Under 4 year focus on page 118 Continue advocacy against the in relation to Western Sydney Airport; and

2. That the Council receives a report in June 2018 on the outcomes of the exhibition

and any recommended changes to the documents prior to their adoption.


For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood Van der Kley McGregor Bowling Brown Hoare Schreiber

With Councillor Foenander out of the chambers

* * * * * * * * * *

MINUTE NO. 143

7. 18/54861. Post-Exhibition Results - Local Approvals Policy


1. That the Council resolves to adopt the Local Approvals Policy at Attachment 1; and

2. That the Council publishes a notice of the adoption of the Local Approvals Policy

in the local paper in accordance with section 166 of the Local Government Act 1993.


For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood


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Van der Kley McGregor Bowling Brown Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 144

8. 18/77474. Performance of Investments for March 2018


That the Council notes the performance of invested monies for March 2018, including:

That as at 31 March 2018 funds held in investments total $36.9 million; and

The enclosed certificate of the Responsible Accounting Officer.


For Against


* * * * * * * * * *

MINUTE NO. 145

9. 17/191318. Warrabinga-Wiradjuri Native Title Claim



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1. That the Council notes that the National Native Title Tribunal has accepted registration of the Warrabinga-Wiradjuri #7 Native Title Claim, Claim No.NC2017/001 under the Native Title Act 1993;

2. That the Council notes that the area within the Warrabinga-Wiradjuri #7 Native

Title Claim includes part of the Blue Mountains Local Government Area, including Crown Lands under the care, control and management of Council, and areas within the current Agreement Area of the Gundungurra ILUA, of which Council is a contractual party;

3. That the Council continues to honor its established contract as a party to the Gundungurra ILUA and consider the significance of this contract in relation to the Council’s position regarding the Warrabinga-Wiradjuri #7 Native Title Claim;

4. That the Council writes a letter to the Crown Solicitors Office seeking advice on:

a. The State’s position on the Warrabinga-Wiradjuri #7 Native Title Claim; and b. The State’s position on the implications that the this claim has on the

Gundungurra ILUA of which the State instigated and is head signatory of the agreement;

5. That, on the basis of the matters outlined in this report, the Council resolves to

become a party to the Warrabinga-Wiradjuri #7 Native Title Claim, and delegates the General Manager to make an application to become a party to the claim and negotiate on its behalf in the subsequent Native Title determination process; and

6. That the Council receives a report with an update on the progress of this matter

at a meeting in the latter part of 2018.


For Against


* * * * * * * * * *

MINUTE NO. 146

10. 18/46125. Scenic Eastern Escarpment Master Plan – Final for Adoption



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1. That Council endorses the recommended actions as amendment in the final Scenic Eastern Escarpment Master Plan;

2. That the Council adopts the Scenic Eastern Escarpment Master Plan; and 3. That the Council actively pursues funding opportunities for the delivery of priority

recommendations around regional connections as outlined in the Final Master Plan.


For Against


* * * * * * * * * *

MINUTE NO. 147

11. 17/47805. Relationship Declaration Service Review

A MOTION was MOVED by Councillors Hollywood and Van der Kley:

That the Council discontinues its Relationship Declaration Register Service noting the recent legislative amendments to recognise same-sex marriage.


For Against


* * * * * * * * * *


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MINUTE NO. 148

12. 17/151216. Community Involvement in Council's Heritage Management Program and Heritage Advisory Committee Update

The meeting was addressed by: Ron Powell, Dr Ruth Longden

A MOTION was MOVED by Councillors Van der Kley and Hollywood:

1. That the Council resolves to implement an independent review of mechanisms for broader community involvement in heritage management, including the Blue Mountains Heritage Advisory Committee (BMHAC) and opportunities for enhancing community involvement, within the next 12 months;

2. That the Council adopts the revised Terms of Reference (ToR) for the BMHAC in

the interim, for a period of 12 months, or until the completion of the review, whichever is sooner; and

3. That the Council notes that the revised TORs state that there will be 8 to 12

community members on the BMHAC and that while there are currently 7 community members, the one vacancy will not be recruited until after the completion of the independent review.


For Against


* * * * * * * * * *

MINUTE NO. 149

13. 18/60155. Tender Report - Construction of a Visitor Information Centre at 44-50 Echo Point Drive, Katoomba


1. That the Council, in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 declines the tenders received for the Construction of Echo Point Visitor Information Centre, Katoomba;

2. That the Council, in accordance with clause 178(3)(e) of the Local Government

(General) Regulation 2005, enters into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender;


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3. That the Council, in accordance with clause 178(4)(a) of the Local Government (General) Regulation 2005, endorses that fresh tenders or applications not be invited on the basis that an additional tender or application process is unlikely to achieve alignment of project costs with the project budget;

4. That the Council, in accordance with clause 178(4)(b) of the Local Government

(General) Regulation 2005, endorses that entering into negotiations in accordance with clause 178(3)(e) is more likely to align project costs with the project budget in a timely and cost effective manner while continuing to ensure the quality of the final outcome;

5. That the Council delegates authority to the General Manager to undertake these

negotiations in accordance with clause 178(3)(e) of the Local Government (General) Regulation 2005 as outlined in this report;

6. That, should the negotiations realign the project within +/- 10% of the original

project budget, the Council delegates authority to the General Manager to enter into a contract with the preferred contractor; and

7. That the Council endorses that new revised plans are put out to public tender and

that the results of this process are reported to Council.


For Against

Councillors Christie Councillors Greenhill Brown Fell Schreiber Myles Hollywood Van der Kley McGregor Bowling Foenander Hoare

MINUTE NO. 150

A MOTION was MOVED by Councillors Van der Kley and Foenander: 1. That the Council, in accordance with clause 178(1)(b) of the Local Government

(General) Regulation 2005 declines the tenders received for the Construction of Echo Point Visitor Information Centre, Katoomba;

2. That the Council, in accordance with clause 178(3)(e) of the Local Government

(General) Regulation 2005, enters into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender;

3. That the Council, in accordance with clause 178(4)(a) of the Local Government

(General) Regulation 2005, endorses that fresh tenders or applications not be invited on the basis that an additional tender or application process is unlikely to achieve alignment of project costs with the project budget;

4. That the Council, in accordance with clause 178(4)(b) of the Local Government


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(General) Regulation 2005, endorses that entering into negotiations in accordance with clause 178(3)(e) is more likely to align project costs with the project budget in a timely and cost effective manner while continuing to ensure the quality of the final outcome;

5. That the Council delegates authority to the General Manager to undertake these

negotiations in accordance with clause 178(3)(e) of the Local Government (General) Regulation 2005 as outlined in this report;

6. That, should the negotiations realign the project within +/- 10% of the original

project budget, the Council delegates authority to the General Manager to enter into a contract with the preferred contractor; and

7. That the Council receives a further report for consideration regarding options for

progressing the project if it is not possible to realign the project within +/- 10% of the original project budget whilst maintaining the project intent.


For Against


* * * * * * * * * *

MINUTE NO. 151

14. 18/63276. Bulls Camp Management


1. That the Council replaces current signage to clearly indicate that Bulls Camp Rest Stop is not a camp site;

2. That the Council provides information at Bulls Camp on camping areas nearby. including both caravan parks and free camping sites which are available in the Blue Mountains National Park and also Council managed primitive camping grounds;

3. That the Council clearly communicates approved uses of Bulls Camp Reserve through relevant social and digital media channels;

4. That Council endorses the preparation of a Camping Strategic Plan commencing in 2018/19 which examines and addresses the need for appropriate camping provisions for visitors to the City, including relevant approvals, provision of a range of additional camping accommodation, provision of public dump points for caravan waste cassettes, and appropriate management measures for free


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camping;

5. That the Council investigates the potential of developing an approved camping area at Bulls Camp, which may include pay for camping; and

6. That the Council endorses removing the existing free shower through capping off the shower fittings, and continues to provide the three accessible toilets for travellers.


For Against


* * * * * * * * * *

MINUTE NO. 152

15. 17/207256. Draft Amendment 10 to LEP 2015 (Housekeeping 2)


1. That the Council endorses the Draft Planning Proposal, to be known as Blue Mountains Local Environmental Plan 2015 (Amendment No. 10) prepared in accordance with the provisions of Section 3.33 of the Environmental Planning and Assessment Act, 1979;

2. That the Council delegates to the General Manager (or nominee) the authority to

make minor amendments to the draft Planning Proposal, subject to such amendments maintaining the policy intent of the draft Amendment;

3. That the Council refers the Planning Proposal to the Greater Sydney Commission

or delegate requesting a Gateway Determination in accordance with the provisions of Section 3.34 of the Environmental Planning and Assessment Act, 1979;

4. That the Council requests Written Authorisation to Exercise Delegation over the

Planning Proposal in accordance with clause 2.4 of the Environmental Planning And Assessment Act 1979;

5. That the Council includes a request to the Department of Planning and

Environment that the draft Planning Proposal be designated low impact; 6. That the Council processes the Planning Proposal in accordance with the Gateway

Determination issued under the provisions of Section 3.34 of the Environmental Planning and Assessment Act, 1979; and


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7. That the Council receives a report, subject to the Gateway Determination, at the

conclusion of the notification period to enable consideration of submissions made to Blue Mountains Local Environmental Plan 2015 Amendment 10.


For Against


* * * * * * * * * *

MINUTE NO. 153

16. 18/71938. Variations/Exceptions to Development Standards


That the Council notes the report at Attachment 1.


For Against


* * * * * * * * * *

MINUTE NO. 154

17. 18/87720. Great Western Walk


1. That the Council notes that:


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a. the Great Western Walk is a 160 km route that runs from Emu Plains on the

Nepean River to the Flag Staff at Bathurst on the banks of the Macquarie largely following the line of Australia's first inland road built by William Cox and a convict team in 1814-15 and that this route traverses the lands of the Darug, Gundungurra and Wiradjuri nations and their ancient Dreaming tracks with a history of at least 22,000 years;

b. the route offers a rich experience of cultural and natural heritage including of

the Greater Blue Mountains World Heritage Area with the 70km stretch in the Blue Mountains passing through the Blue Mountains in close proximity to town centres and transport thereby offering great potential for healthy and mind-expanding recreation and tourism that will bring considerable economic benefits;

c. the Great Western Walk Committee (GWW Inc) is currently seeking input and

approvals from the Gundungurra, Darug and Wiradjuri elders on the Great Western Walk project;

d. the Minister for Land Paul Toole and the Minister for Western Sydney Stuart

Ayres are actively assisting the project and all the State Politicians, who represent constituents in areas the Walk passes through, have expressed support;

e. that the Great Western Walk Committee hopes to open the first two legs of the

Walk from Penrith to Springwood later this year, and also the last leg into Bathurst; and

2. That the Council consults with the Great Western Walk Committee along with

Council’s own Aboriginal Advisory Committee and Heritage Advisory Committee, and receives a briefing and a report on:

a. appointment of a senior staff officer with appropriate cultural and heritage

expertise to liaise with the Great Western Walk Committee and the four other councils through which the Great Western Walk passes (Penrith, Lithgow, Oberon and Bathurst);

b. accepting the proposed way signage for the Great Western Walk on the route

through the Blue Mountains LGA to enable this signage to be consistent across five councils;

c. assisting the Great Western Walk Committee to identify and pursue funding

opportunities including through the offices of our state and federal members;

d. any other recommendations that arise through the consultation.


For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood Van der Kley


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McGregor Bowling Brown Foenander Hoare Schreiber

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MINUTE NO. 155

18. 18/87727. Council Procurement Policy

A MOTION was MOVED by Councillors Schreiber and Christie:

That the Council receives a briefing on Council procurement policy, in particular, to be briefed on the process and considerations of tendering and the Tendering Policy and the checking of accreditation.


For Against


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MINUTE NO. 156

19. 18/87728. Corporate Asbestos Register


That the Council receives a briefing in relation to the considerations and processes for:

- Placing the Corporate Asbestos Register on the Council website; and - A copy of the Corporate Asbestos Register to be made available for view by

members of the public at Council offices on request.


For Against

Councillors Greenhill Councillors Christie Fell Myles


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Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare Schreiber

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MINUTE NO. 157

20. 18/87308. Precis of Selected Correspondence


That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.


For Against


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QUESTIONS WITH NOTICE

21. 18/89159. Asbestos Removal and Disposal of Asbestos from Lawson Mechanics Institute

Questions with Notice – Councillor Brown: 1. Can Council confirm that TJ Earthworks and their asbestos removal supervisor

had a Class A or Class B licence for removal of asbestos? 2. Can Council confirm that Jim's Building Inspections had a licence to certify

asbestos clearance? 3. Does Council have documentation of where the asbestos waste from the

2016 renovation/ upgrade of Lawson Mechanics Institute was taken? 4. Were there procurement protocols in place during the 2016 work on the Lawson

Mechanics Institute that required tender documents and invoices to provide


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licence numbers of all contractors and subcontractors and for these to be checked for appropriate accreditation before approval? If not, are these now in place?

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Matter of Urgency That the Council now considers a matter arising in relation to Glenbrook Park design that has been ruled by the Deputy Mayor to be a matter of great urgency.

MINUTE NO. 158

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Greenhill and Bowling: 1. That the Council notes resident concern about the new Glenbrook Park design; 2. That the Council receives a briefing on proposed mechanisms to capture and

address current concerns about the park's design outcomes, with such briefing to occur before 28 May 2018; and

3. That the Council receives a briefing on commencing the design process, including

a proposed process for consultation, for construction of "Stage 2" involving the play equipment for older children, for consideration in the asset works planning for 2019/20.


For Against


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Matter of Urgency That the Council now considers a matter arising in relation to Woodford Railway Footbridge that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 159


A MOTION was MOVED by Councillors Hollywood and Hoare: 1. That, noting the Council’s previous resolution on 17 October 2017, Min No 364, the

Council notes Sydney Trains intention to remove the Woodford Railway


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Footbridge;

2. That the Council notes the Woodford Railway Footbridge is identified as a significant heritage element which is proposed for inclusion in the Woodford Memorial Park local heritage item as a part of Council’s Heritage Review;

3. That the Council notes that the removal of the footbridge will have a major impact

on the heritage item WD010 memorial Park group. As such, council request TfNW to provide an assessment of the proposed works, the impacts that the works will have on local heritage item (WD010 Woodford Memorial Park Group) that has been updated to include the footbridge & any proposed works to mitigate the impact on the heritage item WD010;

4. That the Council notes that the site specific recommendation in the WD010 Draft

Heritage Data Form includes ‘...that while the existing fabric (of the bridge) may not have a high level of significance in its present condition there is scope to repair and restore the structure to recover some of its original character and fabric and retain the interconnectedness of the Park and the Reserve to the south which is also a significant aspect in its overall significance locally.’; and

5. That the Council writes to the Chief Executive of Sydney Trains, the Minister for

Transport and Infrastructure Andrew Constance MP, and the member of Blue Mountains Trish Doyle MP to reaffirm the Council’s position that the Woodford Railway Footbridge over the rail corridor is part of a “formal pedestrian route” that links Memorial Park with south Woodford and Wilson Glen Reserve, which is used on a daily basis by local residents, and expressing the Council's continued support for the retention of Woodford Railway Footbridge and for Sydney Trains' investment in its future upgrade, noting that the Disability Discrimination Act (DDA) provides for exemptions where financial, heritage and site constraints may exist.


For Against


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Matter of Urgency That the Council now considers a matter arising in relation to kerb and guttering and associated works in Buena Vista Road, Winmalee that has been ruled by the Mayor to be a matter of great urgency.


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MINUTE NO. 160


A MOTION was MOVED by Councillors Myles and Foenander: That the Ward 3 and interested Councillors receive an urgent briefing on the project cost of completing the kerb and guttering and associated works in Buena Vista Road, Winmalee.


For Against


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MINUTE NO. 161

Procedural – Question that Meeting Close

A MOTION was MOVED by Councillors Van der Kley and Fell:

That as there was no further business before the Ordinary Meeting of Tuesday, 1 May 2018, the meeting closed at 10:12pm.


For Against


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minutes of ordinary meeting - 1 may 2018 · confirmation of minutes ... with an equal gender...

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