minutes of ordinary meeting - 29 october 2019 · unconfirmed minutes ordinary meeting 29 october...

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BLUE MOUNTAINS CITY COUNCIL MINUTES OF ORDINARY MEETING OF COUNCIL 29 October 2019 INDEX Minute File No. SUBJECT Page 330 APOLOGIES ..................................................................................... 3 331 CONFIRMATION OF MINUTES ........................................................ 4 CONFIRMATION OF MINUTES........................................................ 4 DECLARATIONS OF INTEREST ORDINARY MEETING .............. 4 333 19/231142 CALL FOR STATE AND FEDERAL GOVERMENT TO DECLARE A CLIMATE CHANGE EMERGENCY................................................... 5 334 19/231148 FOOD AND GARDEN ORGANIC BINS IN THE BLUE MOUNTAINS 5 PROCEDURAL - QUESTION BE PUT .............................................. 6 PROCEDURAL - QUESTION BE PUT .............................................. 6 PROCEDURAL - QUESTION BE PUT .............................................. 6 335 19/234011 AUSTRALIAN DISASTER RESILIENCE CONFERENCE ................. 6 336 19/231744 FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2019 .................................................................................................. 7 337 19/226114 PERFORMANCE OF INVESTMENTS SEPTEMBER 2019 ............... 7 338 19/201095 ADOPTION OF PUBLIC INTEREST DISCLOSURES INTERNAL REPORTING POLICY ....................................................................... 8 339 19/224442 ADOPTION OF UPDATED INVESTMENT POLICY .......................... 8 340 19/231262 LOCAL GOVERNMENT PARKING SUMMIT 2019 ........................... 9 341 19/241169 COMMUNITY ASSISTANCE DONATIONS RECOMMENDATION BY COUNCILLOR ............................................................................. 9 342 19/219841 WORKERS' COMPENSATION INSURANCE PROVISION ..............10 343 18/265093 SCHEDULE OF ORDINARY MEETINGS OF THE COUNCIL FOR JANUARY 2020 TO FEBRUARY 2021 ............................................10 344 19/206258 ANNUAL REPORT OF THE BMCC HERITAGE ADVISORY COMMITTEE ...................................................................................11 345 19/217141 TENDER REPORT - DETAILED DESIGN AND DEVELOPMENT APPLICATION FOR REMEDIATION OF BLACKHEATH LANDFILL SITE .................................................................................................12 346 PROCEDURAL - RECOMMIT AN ITEM...........................................12 347 PROCEDURAL - COUNCIL RESOLUTION .....................................13 348 19/227165 ACCEPTENCE OF LGP ELECTRICITY CONTRACT 2020-2022 ....14 349 19/231700 POWER PURCHASE AGREEMENT (PPA) FOR RENEWABLE ENERGY ..........................................................................................14 350 19/207647 COUNCIL CARAVAN/TOURIST PARKS - MANAGEMENT .............15 351 19/216828 NAMING OF KATOOMBA CIVIC CENTRE - PUBLIC EXHIBITION .16 352 19/229106 SPRINGWOOD COUNTRY CLUB - REMOVAL OF HAZARDOUS MATERIALS.....................................................................................16 353 19/179172 BLAXLAND MASTERPLAN COMMUNITY CONSULTATION UPDATE ..........................................................................................17 354 19/217190 TOMAH DRIVE, MOUNT TOMAH - ROAD CLOSURE AND SALE ..17 355 19/233151 VARIATIONS/EXCEPTIONS TO DEVELOPMENT STANDARDS ...18 356 19/185744 THE VALLEY ROAD, VALLEY HEIGHTS ........................................19 357 19/206697 REDUCING PARKING FINES..........................................................19 358 19/232087 REVIEW OF LOCAL TRAFFIC COMMITTEE MEMBERSHIP, DELEGATIONS & ROLES & RESPONSIBILITIES...........................20 359 19/232981 NAMING OF THE GREAT WESTERN HIGHWAY PEDESTRIAN OVERBRIDGE - VALLEY HEIGHTS ................................................21 360 19/220559 5G FORUM WITH AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY AGENCY (ARPANSA). ....................................21

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Page 1: Minutes of Ordinary Meeting - 29 October 2019 · Unconfirmed Minutes Ordinary Meeting 29 October 2019 Page 5 of 27 MINUTE NO. 333 1. 19/231142. Call for State and Federal Government

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

29 October 2019

INDEX

Minute File No. SUBJECT Page

330 APOLOGIES ..................................................................................... 3 331 CONFIRMATION OF MINUTES ........................................................ 4

CONFIRMATION OF MINUTES ........................................................ 4 DECLARATIONS OF INTEREST – ORDINARY MEETING .............. 4

333 19/231142 CALL FOR STATE AND FEDERAL GOVERMENT TO DECLARE A CLIMATE CHANGE EMERGENCY ................................................... 5

334 19/231148 FOOD AND GARDEN ORGANIC BINS IN THE BLUE MOUNTAINS 5 PROCEDURAL - QUESTION BE PUT .............................................. 6 PROCEDURAL - QUESTION BE PUT .............................................. 6 PROCEDURAL - QUESTION BE PUT .............................................. 6

335 19/234011 AUSTRALIAN DISASTER RESILIENCE CONFERENCE ................. 6 336 19/231744 FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE

2019 .................................................................................................. 7 337 19/226114 PERFORMANCE OF INVESTMENTS SEPTEMBER 2019 ............... 7 338 19/201095 ADOPTION OF PUBLIC INTEREST DISCLOSURES INTERNAL

REPORTING POLICY ....................................................................... 8 339 19/224442 ADOPTION OF UPDATED INVESTMENT POLICY .......................... 8 340 19/231262 LOCAL GOVERNMENT PARKING SUMMIT 2019 ........................... 9 341 19/241169 COMMUNITY ASSISTANCE DONATIONS RECOMMENDATION

BY COUNCILLOR ............................................................................. 9 342 19/219841 WORKERS' COMPENSATION INSURANCE PROVISION ..............10 343 18/265093 SCHEDULE OF ORDINARY MEETINGS OF THE COUNCIL FOR

JANUARY 2020 TO FEBRUARY 2021 ............................................10 344 19/206258 ANNUAL REPORT OF THE BMCC HERITAGE ADVISORY

COMMITTEE ...................................................................................11 345 19/217141 TENDER REPORT - DETAILED DESIGN AND DEVELOPMENT

APPLICATION FOR REMEDIATION OF BLACKHEATH LANDFILL SITE .................................................................................................12

346 PROCEDURAL - RECOMMIT AN ITEM ...........................................12 347 PROCEDURAL - COUNCIL RESOLUTION .....................................13 348 19/227165 ACCEPTENCE OF LGP ELECTRICITY CONTRACT 2020-2022 ....14 349 19/231700 POWER PURCHASE AGREEMENT (PPA) FOR RENEWABLE

ENERGY ..........................................................................................14 350 19/207647 COUNCIL CARAVAN/TOURIST PARKS - MANAGEMENT .............15 351 19/216828 NAMING OF KATOOMBA CIVIC CENTRE - PUBLIC EXHIBITION .16 352 19/229106 SPRINGWOOD COUNTRY CLUB - REMOVAL OF HAZARDOUS

MATERIALS .....................................................................................16 353 19/179172 BLAXLAND MASTERPLAN COMMUNITY CONSULTATION

UPDATE ..........................................................................................17 354 19/217190 TOMAH DRIVE, MOUNT TOMAH - ROAD CLOSURE AND SALE ..17 355 19/233151 VARIATIONS/EXCEPTIONS TO DEVELOPMENT STANDARDS ...18 356 19/185744 THE VALLEY ROAD, VALLEY HEIGHTS ........................................19 357 19/206697 REDUCING PARKING FINES ..........................................................19 358 19/232087 REVIEW OF LOCAL TRAFFIC COMMITTEE MEMBERSHIP,

DELEGATIONS & ROLES & RESPONSIBILITIES ...........................20 359 19/232981 NAMING OF THE GREAT WESTERN HIGHWAY PEDESTRIAN

OVERBRIDGE - VALLEY HEIGHTS ................................................21 360 19/220559 5G FORUM WITH AUSTRALIAN RADIATION PROTECTION AND

NUCLEAR SAFETY AGENCY (ARPANSA). ....................................21

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INDEX Contd

Minute File No. SUBJECT Page

Page 2 of 27

361 19/221732 CREATING A CERTIFIED................................................................22 362 19/221876 IMPROVING PEDESTRIAN SAFETY, MOBILITY AND ACCESS TO

ACTIVE TRANSPORT OPTIONS ACROSS THE CITY OF BLUE MOUNTAINS. ..................................................................................23

363 19/223366 STRENGTHENING PROTOCOLS TO RECOGNISE THE CONTRIBUTIONS OF BLUE MOUNTAINS CITY COUNCIL ...........24

364 19/224026 MEDLOW BATH COMMUNITY NOTICEBOARD .............................25 365 19/229793 PRECIS OF SELECTED CORRESPONDENCE ..............................25 366 19/227165 ACCEPTENCE OF LGP ELECTRICITY CONTRACT 2020-2022 ....26 367 19/231700 POWER PURCHASE AGREEMENT (PPA) FOR RENEWABLE

ENERGY ..........................................................................................26 368 PROCEDURAL – QUESTION THAT MEETING CLOSE ..................27

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Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 29 October 2019, 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, Van der Kley.

* * * * * * * * * *

In attendance: Chief Executive Officer; Director Strategy and Corporate Services; A/Director Environment and Planning Services; Director Cultural and Community Services; Director Economy Place and Infrastructure Services; Chief Safety Officer; Manager Governance and Civic Services; Program Leader Corporate Communications & Marketing; Program Leader Strategic Land Use; Program Leader Waste & Sustainability; Program Leader Employee Relations; Meeting & Councillor Support Officer (EA to the Mayor); Environmental Ranger; 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.

* * * * * * * * * *

MINUTE NO. 330

Apologies

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

That the Council accepts the apology from Councillor Schreiber for this Ordinary Meeting of the Council.

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 331

Confirmation of Minutes – Ordinary Meeting - 24 September 2019

A MOTION was MOVED by Councillors Fell and Christie:

That the Minutes of the Ordinary Meeting of 24 September 2019 be confirmed.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 332

Confirmation of Minutes - Extraordinary Meeting - 26 September 2019

A MOTION was MOVED by Councillors Fell and Christie:

That the Minutes of the Extraordinary Meeting of 24 September 2019 be confirmed.

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

For Against

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

* * * * * * * * * *

Declarations of Interest – Ordinary Meeting, 29 October 2019 Councillor Brown declared a significant, non-pecuniary interest:

“I am declaring that I am on the Board of Bendigo bank (not a shareholder and don’t get any payment) so I will be remaining in the Chamber for the debate and the vote.”

* * * * * * * * * *

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MINUTE NO. 333

1. 19/231142. Call for State and Federal Government to Declare a Climate Change Emergency

A MOTION was MOVED by Councillors Greenhill and McGregor:

1. That the Council calls on the State and Federal Government to declare a Climate

Change Emergency; and

2. That the Council writes to Gladys Berejiklian the Premier of NSW and Scott

Morrison the Prime Minister of Australia to this effect, with copies to Susan

Templeman, Federal Member for Macquarie, Trish Doyle Member for the Blue

Mountains and Stuart Ayres, Member for Penrith.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 334

2. 19/231148. Food and Garden Organic Bins in the Blue Mountains

A MOTION was MOVED by Councillors Greenhill and Hollywood:

That the Council receives a briefing by the end of June 2020 on revisiting the provision and feasibility of food and garden organic bins to the residents at no cost to the ratepayers, noting that it will reduce the amount of waste going to landfill and will also assist with reducing greenhouse gas.

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

For Against

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

* * * * * * * * * *

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Procedural - Question Without Notice

A QUESTION Without NOTICE by Councillors Hoare: What proportion of residents are taking up worm farms and composting units from Council?

* * * * * * * * * *

Procedural - Question Without Notice

A QUESTION Without NOTICE by Councillors McGregor: Can an update on the waste education programs be included in the briefing including uses for organic waste?

* * * * * * * * * *

Procedural - Question Without Notice

A QUESTION Without NOTICE by Councillor Brown: What is the amount of kitchen waste going to the Councils tip now?

* * * * * * * * * *

MINUTE NO. 335

3. 19/234011. Australian Disaster Resilience Conference

A MOTION was MOVED by Councillors Foenander and Myles:

That the Council notes this report.

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

For Against

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

With Councillor Christie out of the chamber

* * * * * * * * * *

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MINUTE NO. 336

4. 19/231744. Financial Statements for the year ended 30 June 2019

The meeting was addressed by: Ash Pather

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

1. That the Council receives the audited Annual General Purpose and Special Purpose Financial Statements for the year ended 30 June 2019 pursuant to Section 419 of the Local Government Act 1993;

2. That, pursuant to Section 420 of the Local Government Act 1993, the Council endorses the Financial Statements to be made available to the public to make submissions for a period of seven days; and

3. That the Council notes a representative from the Audit Office of New South Wales,

the Council’s external auditor, to address the Council at the 29 October 2019 Ordinary Meeting in respect to the Audited Financial Statements.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 337

5. 19/226114. Performance of Investments September 2019

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council notes the performance of invested monies for September 2019, including:

That as at 30 September 2019 funds held in investments totaled $34.3 million; and

The enclosed certificate of the Responsible Accounting Officer.

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

For Against

Councillors Greenhill Councillors Christie Fell Myles

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Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare

* * * * * * * * * *

MINUTE NO. 338

6. 19/201095. Adoption of Public Interest Disclosures Internal Reporting Policy

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council adopts the revised Public Interest Disclosure Internal Reporting Policy as attached to this report.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 339

7. 19/224442. Adoption of Updated Investment Policy

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council adopts the updated Blue Mountains City Council Investment Policy provided in Attachment 1.

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

For Against

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

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Brown Foenander Hoare

* * * * * * * * * *

MINUTE NO. 340

8. 19/231262. Local Government Parking Summit 2019

A MOTION was MOVED by Councillors McGregor and Hollywood:

1. That the Council nominates Councillor Fell as the Mayoral representative, to attend the 2019 Local Government Parking Summit on 6-7 November 2019 in Manly, NSW; and

2. That the Council notes that the Councillor nominated to attend the Summit is

required to provide a report to Council about the conference within three (3) months of the date of the conference, in accordance with the Councillor Facilities and Expenses Policy.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 341

9. 19/241169. Community Assistance Donations Recommendation by Councillor

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council endorses the following community assistance donations from the Councillor funds:

Organisation Amount Rural Australians for Refugee $1100.00 Mt Victoria District Historical Society Museum $250.00 Blackheath Art Society $634.00 Mt Riverview Rural Fire Service $300.00

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

For Against

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

* * * * * * * * * *

MINUTE NO. 342

10. 19/219841. Workers' Compensation Insurance Provision

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council endorses a transfer of workers compensation insurance to StateCover.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 343

11. 18/265093. Schedule of Ordinary Meetings of the Council for January 2020 to February 2021

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council adopts the Schedule of Ordinary Meetings of the Council held at the Council Chambers, 2 Civic Place, Katoomba, for the period January 2020 to February 2021 as follows:

Start Time Council Meeting Date

7.30pm 28 January 2020

7.30 pm 25 February 2020

7.30 pm 31 March 2020

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7.30 pm 28 April 2020

7.30 pm 26 May 2020

7.30 pm 30 June 2020

7.30 pm 28 July 2020

7.30 pm 25 August 2020

7.30 pm 29 September 2020

7.30 pm 27 October 2020

7.30 pm 24 November 2020

7.30 pm 27 January 2021

7.30 pm 23 February 2021

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

For Against

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

* * * * * * * * * *

MINUTE NO. 344

12. 19/206258. Annual Report of the BMCC Heritage Advisory Committee

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

That the Council notes the activities and matters considered by the Blue Mountains Heritage Advisory Committee (BMHAC) during the last financial year 2018/19, including the meeting minutes, as per the BMHAC Terms of Reference (ToR).

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 345

13. 19/217141. Tender Report - Detailed Design and Development Application for Remediation of Blackheath Landfill Site

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

That the Council defers for one meeting cycle, pending legal advice and to seek further information in relation to the tender.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 346

Procedural - Recommit an item

A MOTION was MOVED by Councillors Van der Kley and Hollywood: That the Council recommits Item 13 - Tender Report - Detailed Design and Development Application for Remediation of Blackheath Landfill Site.

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

For Against

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

* * * * * * * * * *

A MOTION was MOVED by Councillors Brown – The motion lapsed for want of a seconder. 1. That the Council notes that five (5) tender submission were received in response

for the request for tender of the detailed design and development application for the remediation of Blackheath landfill site;

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2. That Council further notes that

a. That the Australian-based multinational engineering design and construction consultant GHD has provided Environmental Impact statements for Western Sydney Airport, Bell Quarry Project and Adani Carmichael Coal Mine in Central Queensland for which GHD is also managing the design;

b. Council has made submissions opposing both Western Sydney Airport and

Bell Quarry Project on the basis that the Environmental Impact Statements are inadequate and incorrect assessments of the impacts;

3. In light of Council’s lack of confidence in GHD’s previous two EIS directly relevant

to our local environment, Council seeks an alternative recommendation from staff for a preferred tenderer, and if necessary that they re-advertise for tender submissions for the detailed design and development for the remediation of the Blackheath landfill site; and

4. That the Council notes the strong community feeling about GHD’s role as

contractors to the Adani coal mine, and following Council’s declaration of a Climate Emergency believes it is not in the public interest to award a contract to GHD.

* * * * * * * * * *

MINUTE NO. 347

13. 19/217141. Tender Report - Detailed Design and Development Application for Remediation of Blackheath Landfill Site

A MOTION was MOVED by Councillors Van der Kley and Hollywood: 1. That the Council notes that five (5) tender submissions were received in response

to the Request for Tender for the detailed design and development application for the remediation of Blackheath landfill site;

2. That the Council accepts the tender submitted by GHD Pty Ltd for the detailed

design and development application for the remediation of Blackheath landfill site

for the sum of $213,718 (exclusive of GST); and

3. That the Council delegates to the Chief Executive Officer (or her delegate) the

authority to execute and sign documents relating to the contract for the detailed design and development application for remediation of Blackheath Landfill site.

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

For Against

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

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Foenander Hoare

* * * * * * * * * *

MINUTE NO. 348

14. 19/227165. Confidential Business Paper - Acceptance of LGP Electricity Contract 2020-2022

A MOTION was MOVED by Councillors Fell and Foenander:

1. That Item 14 in the Confidential Business Paper be deferred for consideration until

all other business of this meeting has been concluded; and

2. That the Council close part of the Council Meeting for consideration of Item14 in

the Confidential Business Paper ‘Acceptance of LGP Electricity Contract 2020-

2022‘ pursuant to the provisions of Section 10A(2) (d)(i) of the Local Government

Act 1993, as the report contains, and discussion is likely to involve:

(d)(i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 349

15. 19/231700. Confidential Business Paper - Power Purchase Agreement (PPA) for renewable energy

A MOTION was MOVED by Councillors Fell and Foenander:

1. That Item 15 in the Confidential Business Paper be deferred for consideration until

all other business of this meeting has been concluded; and

2. That the Council close part of the Council Meeting for consideration of Item14 in

the Confidential Business Paper ‘Acceptance of LGP Electricity Contract 2020-

2022‘ pursuant to the provisions of Section 10A(2) (d)(i) of the Local Government

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Act 1993, as the report contains, and discussion is likely to involve:

(d)(i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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

For Against Councillors Greenhill Councillors

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

* * * * * * * * * *

MINUTE NO. 350

16. 19/207647. Council Caravan/Tourist Parks - Management

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council endorses the extension of the existing Caravan Parks Management Agreement with the current management company, MJBA Pty Ltd trading as Clark Management Group, until 28 February 2021;

2. That the Council engages an experienced tourist park consultant to assist Council in determining the best future use and business operating model for the management of Council’s tourist parks to ensure the long-term viability and maximise the capital return to Council; and

3. That, upon receipt of the consultant’s assessment and recommendations as to the best future use and management model for the tourist parks, the Council receives a further report for consideration.

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 351

17. 19/216828. Naming of Katoomba Civic Centre - Public Exhibition

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council endorses the public exhibition of naming the former Katoomba Library Space within the Katoomba Town Centre Arcade as the Tibbi Whalan Hall, as described in this report; and

2. That, following the exhibition period, the Council receives a further report on the results of the public exhibition process.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 352

18. 19/229106. Springwood Country Club - Removal of Hazardous Materials

A MOTION was MOVED by Councillors Myles and Foenander:

1. That Council notes in response to Council’s resolution dated 26 September 2019:

a) That the Springwood Country Club (SCC) has applied to EPA for an extension of time for the removal and disposal of ACM from the Springwood Golf Course to a lawful facility;

b) That SCC has sought to raise a loan from financial institutions but has to date been unsuccessful;

c) That following urgent discussions with Council staff, SCC has commenced the process of preparing a business plan; and

2. That the Council receives a further report to the Ordinary Meeting of Council on 26

November 2019 with details of SCC’s Business Plan and proposed processes to further progress this matter.

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

For Against

Councillors Greenhill Councillors Christie

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Fell Myles Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare

* * * * * * * * * *

MINUTE NO. 353

19. 19/179172. Blaxland Masterplan Community Consultation Update

A MOTION was MOVED by Councillors Greenhill and Christie:

1. That the Council notes the results of the community consultation undertaken on town centre building envelopes in November 2018 as part of the Blaxland Masterplanning process;

2. That the Council receives a report on a revised set of building envelope options

(within the framework of the adopted Blaxland Town Centre Masterplan and responding to community feedback) by April 2020, to seek endorsement for these options to be placed on public exhibition for further community consultation; and

3. That following additional community consultation, the Council receives a report on

the proposed building envelope controls to be progressed as part of the implementation of the adopted Blaxland Town Centre Masterplan.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 354

20. 19/217190. Tomah Drive, Mount Tomah - Road Closure and Sale

A MOTION was MOVED by Councillors Fell and Foenander:

1. That, upon closure of Tomah Drive, Mount Tomah, the Council classify the land as Operational land in accordance with section 31 of the Local Government Act 1993;

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2. That the Council give a public notice of its intention to classify the closed road,

Tomah Drive, Mount Tomah as Operational land and its intention to sell the closed road to the Blue Mountains Botanic Garden, Mount Tomah in a local newspapers in accordance with section 34 of the Local Government Act 1993; and

3. That the Council endorses that the proceeds received from the sale of the closed

road be directed to Council’s Property Investment Fund in accordance with Council’s Commercial Property Policy.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 355

21. 19/233151. Variations/Exceptions to Development Standards

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council notes the report at Attachment 1 which identifies variations to development standards in development applications determined by the Local Planning Panel or determined under delegation for Quarter 1 of 2019-2020.

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 356

22. 19/185744. The Valley Road, Valley Heights

The meeting was addressed by: Edward Moss

A MOTION was MOVED by Councillors Foenander and Myles:

1. That the Council notes and receives this report; 2. That the Council notes the anomaly in the legal status of The Valley Road, Valley

Heights and that The Valley Road, Valley Heights is not a public road and that Council is not the roads authority for that road under the Roads Act 1993;

3. That the Council notes that it does not have any legal obligations in relation to the

maintenance of the private driveway and associated structures at 18, 20 and 22 The Valley Road, Valley Heights;

4. That the Council acts in accordance with s16 of the Roads Act 1993, and publish a

notice in the Government Gazette dedicating The Valley Road, Valley Heights as a public road; and

5. That the Council authorises the Chief Executive Officer (or her delegate) to open

discussions with the relevant land owners in relation to the possible repair of the private driveway providing access to the properties at 18, 20 and 22 The Valley Road, Valley Heights, including the scope of the required repair work and arrangements for the future maintenance of the private driveway and supporting wall.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 357

23. 19/206697. Reducing Parking Fines

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council does not alter or reduce parking fines as proposed by the NSW Government.

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

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For Against Councillors Greenhill Councillors

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

* * * * * * * * * *

MINUTE NO. 358

24. 19/232087. Review of Local Traffic Committee Membership, Delegations & Roles & Responsibilities

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council appoints the Chief Executive Officer (or the Chief Executive Officer’s staff delegate) to act as the Chair (and voting member) of the Local Traffic Committee (LTC);

2. That the Council broadens the LTC participation for advisors (non-voting) who

can provide technical and other specialist advice, as required; 3. That the Council expands the LTC agenda content to allow the discussion of items

which require traffic planning, engineering, road safety and community feedback and/or related recommendations;

4. That the Council adopts a bi-monthly meeting schedule to improve operational

performance and attendances; 5. That the Council nominates the Chief Executive Officer (or the Chief Executive

Officer’s staff delegate) as the Council’s delegate for the purpose of approving Event Traffic Management Plans, to occur out of the normal LTC meeting schedule, in accordance the RMS’ ‘Delegations to Councils - Regulation of Traffic’;

6. That the Council writes to the Transport for NSW, NSW Police, Local State

Members of Parliament for Blue Mountains and Penrith on the proposed changes of the operation of the LTC; and

7. That the Council notes that draft Terms of Reference for the LTC will be presented

to Council for adoption in January 2020.

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

For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood

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Van der Kley McGregor Bowling Brown Foenander Hoare

* * * * * * * * * *

MINUTE NO. 359

25. 19/232981. Naming of the Great Western Highway Pedestrian Overbridge - Valley Heights

A MOTION was MOVED by Councillors Myles and Fell:

1. That the Council notes the contents of this report;

2. That the Council notes that the Chief Executive Officer has written to Transport for NSW seeking an update on the resolution from 27 April 2004; and

3. That the Council notes that a report on the outcomes on the call for nominations for the pedestrian bridge over the Great Western Highway at Valley Heights will be presented at the 26 November 2019 meeting.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 360

26. 19/220559. 5G Forum with Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

A MOTION was MOVED by Councillors Brown and Greenhill:

That Councillors receives a report on the options for initiating a community forum on

5G wireless technology where the CEO of the Australian Radiation Protection and

Nuclear Safety Agency (ARPANSA), Dr Carl Magnus-Larsson, or his delegate would be

invited to attend and speak along with scientists, medical professionals and

community to specifically respond to health and safety concerns regarding 5G

technology that have been raised by the members of the local community.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 361

27. 19/221732. Creating a certified “Dark Sky Place” within the Blue Mountains Local Government Area

A MOTION was MOVED by Councillors Hollywood and Fell:

1. That the Council receives a report on the merits of creating a Dark Sky Place within

the City of the Blue Mountains including consideration of the certification process

through the International Dark Skies Association (IDA) and recommendations on

areas that may be suitable within our LGA;

2. That, in preparing this report, the Council consults with representatives from

the Australasian Dark Sky Alliance (ADSA) as well as relevant local stakeholders,

such as Traditional Owners through the Aboriginal Advisory Council,

environmental and community groups such as Bushcare and other local

community organisations, regarding the Dark Sky Place movement and possible

suitable locations to create a Dark Sky Place in the Blue Mountains; and

3. That the Council writes to the NSW Minister for Energy and the Environment, The

Hon Mathew Keen MP, urging them to pursue the certification of the Blue

Mountains National Park as a Dark Sky Park through the International Dark Skies

Association (IDA), and asking the NSW Government to consult with relevant

stakeholders, such as Traditional Owners, environment groups, business and

tourism stakeholders, and the Australasian Dark Sky Alliance (ADSA) regarding

the merits of certification.

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

For Against

Councillors Greenhill Councillors Christie Fell Myles Hollywood Van der Kley

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McGregor Bowling Brown Foenander Hoare

* * * * * * * * * *

MINUTE NO. 362

28. 19/221876. Improving pedestrian safety, mobility and access to active transport options across the City of Blue Mountains.

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council notes the growing community calls to improve pedestrian safety, mobility and access to active transport options across the City of Blue Mountains this is demonstrated through community consultations such as the Open Space and Recreation Strategy, various notices of motions and customer service requests; that the BMCC’s Pedestrian Access and Mobility Plan 2025 (PAMP) was developed in 2015 and reviewed in 2017 in consultation with our community; that the PAMP takes a city-wide approach to mapping active transport links and identifying priority areas to improve pedestrian access and safety, including in the centres of towns and villages and in residential areas; and that the Council is due to undertake a further review in late 2019 in consultation with our community of the Pedestrian Access and Mobility Plan 2025;

2. That the Council prepares a full resourcing plan in the next Four-Year Delivery

Program 2022-2026 to significantly increase the funding for the implementation of the Pedestrian Access and Mobility Plan 2025 in this four-year period, with consideration of funding priorities for other asset works;

3. That the Council investigates innovative and alternative methods and materials to

improve walkability within the City;

4. That this resourcing plan considers areas where curbs and guttering will need to

be part of new footpath infrastructure; alternative options and treatments to concrete footpaths that may improve pedestrian safety and mobility such as upgrade and regular maintenance of verges, gravel paths, and other innovative approaches to pedestrian and mobility infrastructure; and opportunities for ongoing advocacy for better active transport policy and funding, noting that active transport represents essential infrastructure across the Blue Mountains local government area;

5. That the Council receives a report on this resourcing plan as part of the reporting on the 2019 review of the Pedestrian Access and Mobility Plan; and

6. That the Council considers what funding for the Pedestrian Access and Mobility

Plan 2025 may be allocated in the upcoming Operational Plan 2020-2021.

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

* * * * * * * * * *

MINUTE NO. 363

29. 19/223366. Strengthening protocols to recognise the contributions of Blue Mountains City Council

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council develops and/or reviews its protocols to strengthen how Blue Mountains City Council is recognised for its contribution to the following activities:

a) Event and exhibition openings at Council facilities such as Blue Mountains Cultural Centre and Blue Mountains Theatre and Community Hub;

b) Activities that Blue Mountains City Council funds in full or in part such as projects through the City of the Arts Trust and/or other BMCC programs; and

c) Sponsorship of organisations such as Blue Mountains Economic Enterprise and its projects such as Mountains Made; and

2. That, in developing/reviewing the protocol, the Council considers the practices at other Local Councils and provides a briefing to Council on the policy and protocol improvements that can be made.

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 364

30. 19/224026. Medlow Bath Community Noticeboard

A MOTION was MOVED by Councillors Brown and McGregor:

That, in accordance with the Plan of Management for Medlow Bath Park and the request of the Medlow Bath Residents Association and Medlow Bath Rural Fire Service on behalf of the community, the Council provide a Community Noticeboard in a prominent position at Medlow Bath Park by 2020.

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

For Against

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

* * * * * * * * * *

MINUTE NO. 365

31. 19/229793. Precis of Selected Correspondence

The meeting was addressed by:

A MOTION was MOVED by Councillors Fell and Foenander:

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

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

For Against

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

* * * * * * * * * *

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MINUTE NO. 366

14. 19/227165. Confidential Business Paper - Acceptence of LGP Electricity Contract 2020-2022

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council delegates the authority to the Chief Executive Officer (or her delegate) to execute the Local Government Procurement (LGP) electricity contracts for 2020-2022; and

2. That the Council notes significant investment has been made in energy efficiency and renewable energy and that this work helps to mitigate increasing price rises.

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

For Against Councillors Greenhill Councillors

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

* * * * * * * * * *

MINUTE NO. 367

15. 19/231700. Confidential Business Paper - Power Purchase Agreement (PPA) for renewable energy

A MOTION was MOVED by Councillors Fell and Foenander:

That the Council delegates the authority to the Chief Executive Officer (CEO) (or her delegate) to negotiate and execute, up to a 9,000MWh, Power Purchase Agreement (PPA) through WSROC, subject to a satisfactory legal review and financial terms.

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

For Against Councillors Greenhill Councillors

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

* * * * * * * * * *

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MINUTE NO. 368

Procedural – Question that Meeting Close

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

That as there was no further business before the Ordinary Meeting of Tuesday, 29 October 2019, the meeting closed at 10:10pm.

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

For Against

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

* * * * * * * * * *