Minutes of Ordinary Meeting - 29 May 2018 · 2018-06-29 · 2. That, in the event the Minister for Planning does not grant an exemption, the Council request deferral of the Low Rise

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

29 May 2018

INDEX

Minute File No. SUBJECT Page

APOLOGIES ..................................................................................... 3

185 CONFIRMATION OF MINUTES ........................................................ 3 186 CONFIRMATION OF MINUTES ........................................................ 4

DECLARATIONS OF INTEREST – ORDINARY MEETING .............. 4 187 18/101383 PERFORMANCE IMPROVEMENT ORDER (PIO) - COMPLIANCE

REPORTING TO THE MINISTER FOR LOCAL GOVERNMENT ...... 5 188 18/110555 PASSING OF LIBBY RAINES OF MT WILSON ................................ 6 189 18/113868 EXEMPTION TO MEDIUM DENSITY HOUSING CODE ................... 6 190 18/118176 PRELIMINARY COUNCIL RESPONSE TO INDEPENDENT

ASBESTOS INVESTIGATION .......................................................... 7 PROCEDURAL - QUESTION WITHOUT NOTICE ............................ 8

191 18/98039 PROPOSED RESPONSE TO RELEASE OF INFORMATION FROM THE INDEPENDENT ASBESTOS INVESTIGATION - CONFIDENTIAL MAYORAL MINUTE ............................................... 8

192 18/98725 CODE OF CONDUCT REVIEW ........................................................ 9 193 18/56857 FEES PAYABLE TO THE MAYOR AND COUNCILLORS 2018 -

2019 .................................................................................................. 9 194 18/86516 QUARTER 3 BUDGET REVIEW STATEMENT 2017-2018 ..............10 195 18/88570 2018 COMMUNITY SURVEY REPORT ...........................................11 196 18/98983 PERFORMANCE OF INVESTMENTS FOR APRIL 2018 .................11 197 18/101821 WRITE OFF OF RATES ...................................................................12 198 18/108548 CORRECTION TO CONFIRMED MINUTES - 14 NOVEMBER 2017

ORDINARY MEETING OF COUNCIL ..............................................12 199 18/109932 COMMUNITY ASSISTANCE DONATIONS RECOMMENDATION

BY COUNCILLOR ............................................................................13 200 18/87158 WESTERN SYDNEY REGIONAL WASTE AVOIDANCE AND

RESOURCE RECOVERY STRATEGY ............................................13 201 18/62667 2018 COMMUNITY ASSISTANCE PROGRAM ................................14 202 18/76178 ECHO POINT VISITOR INFORMATION CENTRE PART 5

APPROVAL ......................................................................................15 203 18/91780 WINTER MAGIC COUNCIL SUPPORT - UPDATE ..........................15 204 18/93743 COMMUNITY FACILITIES STRATEGIC PLAN - UPDATE ..............16 205 18/102637 TENDER REPORT - 50M POOL FILTER RENEWAL AT THE

LAWSON SWIM CENTRE ...............................................................16 206 18/76453 FORMER KATOOMBA GOLF COURSE - LEASE ...........................17

18/76673 CONFIDENTIAL BUSINESS PAPER - DISPOSAL OF 62-64 KENT STREET BULLABURRA ...................................................18

207 18/76673 DISPOSAL OF 62-64 KENT STREET BULLABURRA .....................18 208 18/77038 EXTINGUISHMENT OF DRAINAGE EASEMENT ...........................18 209 18/97599 GUNDUNGURRA ILUA – ADDITIONAL BMCC LAND IN

SCHEDULE G ..................................................................................19 210 18/111078 FEASIBILITY OF INSTALLING PAID TIOLETS AND SHOWERS ....20 211 18/111767 AUDIT & RISK COMMITTEE AND OTHER ADVISORY

COMMITTEE MINUTES ...................................................................20 212 18/112155 PEDESTRIAN ACCESS AT HAWKESBURY ROAD,

HAWKESBURY HEIGHTS ...............................................................21 213 18/104849 PRECIS OF SELECTED CORRESPONDENCE ..............................22

18/71687 RESPONSE TO QUESTION WITH NOTICE - COUNCIL LEGAL EXPENDITURE ...................................................................22

INDEX Contd

Minute File No. SUBJECT Page

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18/77024 RESPONSE TO QUESTION WITH NOTICE - LEGAL EXPENSES FOR 170-174 LEURA MALL, LEURA ...........................23

18/102531 RESPONSE TO QUESTION WITH NOTICE - LAWSON MECHANICS INSTITUTE ASBESTOS REMOVAL 2016 .................23

PROCEDURAL - QUESTION WITHOUT NOTICE ...........................23 214 PROCEDURAL - MOVE INTO CONFIDENTIAL SESSION ..............23 215 18/98039 PROPOSED RESPONSE TO RELEASE OF INFORMATION FROM

THE INDEPENDENT ASBESTOS INVESTIGATION - CONFIDENTIAL MAYORAL MINUTE ..............................................24

216 PROCEDURAL - PROCEDURAL MOTION .....................................25 217 18/98725 CODE OF CONDUCT REVIEW .......................................................25 218 18/101821 WRITE OFF OF RATES ...................................................................26 219 PROCEDURAL – RETURN TO PUBLIC MEETING .........................26 220 PROCEDURAL – QUESTION THAT MEETING CLOSE ..................27

Confirmed Minutes Ordinary Meeting 29 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, 29 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; Director City & Community Outcomes; Director Development & Customer Services; A/Group Manager, People & Systems, A/Group Manager Integrated Planning and Finance; Executive Officer; Manager Environmental Sustainability; Manager Community & Economic; Program Leader Corporate Communications & Marketing; Asbestos Communication Officer; Meeting & Councillor Support Officer; 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.

* * * * * * * * * * Apologies

A MOTION was MOVED by Councillors

Nil

* * * * * * * * * *

MINUTE NO. 185

Confirmation of Minutes - Ordinary Meeting - 27 March 2018

A MOTION was MOVED by Councillors Van der Kley and Fell: That the Minutes of the Ordinary Meeting of 27 March 2018 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


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Brown Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 186

Confirmation of Minutes - Ordinary Meeting - 1 May 2018

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

That the Minutes of the Ordinary Meeting of 1 May 2018 be confirmed. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:


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

* * * * * * * * * *

Declarations of Interest – Ordinary Meeting, 29 May 2018 Councillor Foenander declared a significant, non-pecuniary interest with respect to Item 3:

“I am declaring that I am have a significant, non-pecuniary conflict of interest with respect to Item 3 and that I will leave the Chamber when the item is being considered.”

Councillor Greenhill declared a significant, non-pecuniary interest with respect to Item 3:

“I am declaring that I am have a significant, non-pecuniary conflict of interest with respect to Item 3 and that I will leave the Chamber when the item is being considered.”

Councillor Van der Kley declared a non-significant, non-pecuniary interest with respect to Item 3:

“I am declaring that the people named in the report that are known to me but will be remaining in the Chamber for the debate and the vote.”

Councillor Schreiber declared a significant, non-pecuniary interest with respect to Item 3:

“I am declaring that I will be leaving in the Chamber for the debate and vote.” Councillor Brown declared a non-significant, non-pecuniary interest with respect to Item 3:

“I am declaring that I will be remaining in the Chamber for the debate and vote.”

* * * * * * * * * *


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MINUTE NO. 187

MM1. 18/101383. Performance Improvement Order (PIO) - Compliance Reporting to the Minister for Local Government

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

1. That the Council notes this report and the ongoing progress being made by the organisation to improve its governance and systems to ensure safety is at the centre of the Council’s operations and culture;

2. That the Council notes its obligation under the Performance Improvement Order

(PIO) issued by the Minister for Local Government on 22 January 2018 to submit to the Minister Compliance Report No. 6 by 12 June 2018, being within 2 months of the first of the Council’s adopted Improvement Plans being sent to the Minister;

3. That the Council notes and endorses the action taken by the governing body and the organisation in complying with each of the required actions and compliance reporting obligations set out in the PIO as documented in Enclosure 1 and that each of those actions is complete and/or requires ongoing action of the Council;

4. That the Council notes and endorses the progress made by the organisation

against each of the Council’s adopted Consolidated Improvement Plan for Asbestos Management (as detailed in Compliance Report 6A, at Enclosure 2) and the Council’s adopted Improvement Plan for Staff Recruitment and Appointment (as detailed in Compliance Report 6B, at Enclosure 3);

5. That the Council notes that although the Council’s progress against the

Improvement Plans adopted in response to the Third Interim and Final Clyde and Co reports, and the McCullough Robertson report, are not due at this stage to be reported to the Minister, the Council will report to the Minister its progress against all of the Council’s adopted Improvement Plans;

6. That the Council adopts the highlighted modifications to the Improvement Plan for

Safety (as detailed in Compliance Report 6A, at Enclosure 2), which are: a. made in response to feedback by SafeWorkNSW and the Environment

Protection Authority as required by the PIO, and b. minor edits to previously adopted Improvement Plans made as a result of

the merge of the various Improvement Plans; 7. That the Council notes that the required documentary evidence to substantiate the

actions taken by the Council and all improvements to the Council’s performance against the Improvement Plans (as required by Evidence Item 6 of the PIO), which documentary evidence is referred to in each of Enclosure 1, Enclosure 2 and Enclosure 3 by reference to the records held by the Council, is to be sent to Minister as part of the Council’s Compliance Reports 6A and 6B;

8. That the Council delegates to the General Manager authority to finalise and submit

to the Minister each of Compliance Report 6A and Compliance Report 6B in accordance with the PIO and as proposed in this report, along with any further documents and information that the General Manager considers necessary to submit to the Minister, to satisfy Evidence Item 6 of the PIO; and

9. That the Council, in noting this report and noting Compliance Reports 6A and 6B,

also receives this report as fulfilling the requirement under the PIO (Action Item


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2.c.) that the General Manager report in writing to each monthly meeting of the Council on progress against the Council’s adopted Improvement Plans.

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


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

With Councillor Brown out of the chamber

* * * * * * * * * *

MINUTE NO. 188

MM2. 18/110555. Passing of Libby Raines of Mt Wilson

A MOTION was MOVED by Councillors Greenhill and McGregor:

That the Council formally acknowledges the passing of Ms Libby Raines, and that the Council expresses our condolences on to her family and to the Mt Wilson Progress Association. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 189

MM3. 18/113868. Exemption to Medium Density Housing Code



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1. That the Council writes to the Minister for Planning, the Hon. Anthony Roberts requesting the Blue Mountains Local Government Area be exempt from the Low Rise Medium Density Housing Code (the Code) given: • the Blue Mountains World Heritage status; • the Blue Mountains being classified as a “Metropolitan Rural Area” by the

Greater Sydney Commission, unlike most of Greater Sydney which is “Metropolitan Urban Area”, but this is not accounted for in the Code;

• Council is able to meet the housing targets set by the NSW government, and that these targets have recognised the existing constraints within the Local Government Area;

• the conflict between Council’s strategic intent (recognised by the Greater Sydney Commission) and the increased density of housing allowable under the Code; and

• the NSW Government has historically acknowledged the particular planning needs of the Blue Mountains, as reflected in Local Environmental Plan 2015 and its tailored planning provisions;

2. That, in the event the Minister for Planning does not grant an exemption, the

Council request deferral of the Low Rise Medium Density Housing Code until such time as amendments to Local Environmental Plan 2015 can be made to meet strategic planning intent and ensure the ongoing protection for residential development and residential character of the Blue Mountains; and

3. That the Council writes to the Hon. Stuart Ayres MP, Member for Penrith and to

Trish Doyle MP, Member for the Blue Mountains to seek their support for an exemption from the Low Rise Medium Density Housing Code for the Blue Mountains.




* * * * * * * * * *

MINUTE NO. 190

MM4. 18/118176. Preliminary Council Response to Independent Asbestos Investigation


1. That the Council notes the General Manager’s report provided in Attachment 1 detailing the Council’s preliminary response to the Clyde & Co independent asbestos investigation; and


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2. That the Council endorses the release of information on the Council’s progress to date in responding to the Clyde & Co Independent Investigation through appropriate means determined by the General Manager, including the Council’s website.

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

For Against Councillors Greenhill Councillors Brown

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

* * * * * * * * * * Procedural – Question without Notice

A QUESTION by Councillors Schreiber: Can the Councillors receive a briefing on the current and future testing arrangements for staff who may have potentially been exposed to asbestos?

* * * * * * * * * *

MINUTE NO. 191

MM5. 18/98039. Confidential Business Paper - Proposed Response to Release of Information from the Independent Asbestos Investigation - Confidential Mayoral Minute

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

1. That Item MM5 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of ItemMM5 in

the Confidential Business Paper ‘Proposed Response to Release of Information from the Independent Asbestos Investigation - Confidential Mayoral Minute‘ pursuant to the provisions of Section 10A(2)(g) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

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



Christie Fell


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Myles Hollywood Van der Kley McGregor Bowling Brown Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 192

3. 18/98725. Confidential Business Paper - Code of Conduct Review

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

1. That Item 3 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item3 in the

Confidential Business Paper ‘Code of Conduct Review‘ pursuant to the provisions of Section 10A(2)(i) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

(i) alleged contraventions of any code of conduct requirements applicable under section 440.




* * * * * * * * * *

MINUTE NO. 193

4. 18/56857. Fees Payable to the Mayor and Councillors 2018 - 2019

A MOTION was MOVED by Councillors Christie and Hoare:

1. That the Council adopts the recommended NSW Local Government Remuneration Tribunal increase of 2.5%, in fees payable for Councillors and the Mayor and set aside 10% of the Mayoral Fee for the Deputy Mayor, when acting in the role of the Mayor, in alignment with the NSW Local Government Remuneration Tribunal annual review;


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2. That the Council endorses the Deputy Mayor Fee be paid to the Councillor holding

the Deputy Mayor position during periods of absence of the Mayor; and 3. That the Council endorses the unused portion of the Deputy Mayoral Fee be paid

to the Councillor holding the position of Mayor in the last fee period of the financial year, proportional to the time in the role of Mayor.




* * * * * * * * * *

MINUTE NO. 194

5. 18/86516. Quarter 3 Budget Review Statement 2017-2018

A MOTION was MOVED by Councillors Schreiber and Fell:

1. That the Council endorses this report and the enclosed “Quarter 3 Budget Review Statement 2017-2018”; and

2. That the Council adopts the budget variations to be included in the Budget as

detailed in this report and the enclosure. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *


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MINUTE NO. 195

6. 18/88570. 2018 Community Survey Report


That the Council receives and notes the Blue Mountains City Council 2018 Community Survey Report that provides resident feedback and recommendations to inform the Council’s strategic and operational planning and decision making. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 196

7. 18/98983. Performance of Investments for April 2018


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

• That as at 30 April 2018 funds held in investments total $32.1 million; and

• The enclosed certificate of the Responsible Accounting Officer. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:




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* * * * * * * * * *

MINUTE NO. 197

8. 18/101821. Confidential Business Paper - Write off of Rates


1. That Item 7 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item7 in the

Confidential Business Paper ‘Write off of Rates‘ pursuant to the provisions of Section 10A(2)(b) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

(b) the personal hardship of any resident or ratepayer. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 198

9. 18/108548. Correction to Confirmed Minutes - 14 November 2017 Ordinary Meeting of Council


1. That the Council notes the previously confirmed Minutes of the Ordinary Meeting 14 November 2017 are incorrect and contain typographical errors;

2. That the Council endorses the corrected Minutes, as attached to this report, as the full and accurate Minutes of the Ordinary Meeting 14 November 2017; and

3. That the Council endorses that the corrected Minutes, as confirmed by the Council

at point 2 of the recommendations, are signed by the Mayor and published on Council’s website replacing the incorrect previous Minutes.




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* * * * * * * * * *

MINUTE NO. 199

10. 18/109932. Community Assistance Donations Recommendation by Councillor


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

Organisation Amount Blue Mountains Together for Timor INC $450.00 Lawson Swimming Club $125.00 Lawson Combined Services Social Club $100.00 Blackheath Art Society $500.00




* * * * * * * * * *

MINUTE NO. 200

11. 18/87158. Western Sydney Regional Waste Avoidance and Resource Recovery Strategy

A MOTION was MOVED by Councillors Fell and Foenander:

1. That the Council notes this report;


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2. That the Council endorses the Western Sydney Regional Waste Avoidance and Resource Recovery Strategy; and

3. That the Council endorses to continue to be a member of Western Sydney

Regional Organisation of Councils (WSROC) for a further twelve (12) months and notifies the Chairman of the Board of this decision.




* * * * * * * * * *

MINUTE NO. 201

12. 18/62667. 2018 Community Assistance Program


1. That the Council notes this report; 2. That, pursuant to Section 356 (1) of the Local Government Act 1993, the Council

provides grant funding assistance under the Community Assistance Program 2017-2018, as detailed in the recommendations of the Councillor Advisory Committee in Attachment 1; and

3. That the Council endorses the Councillor Community Assistance Program

Advisory Committee re-convenes to consider the requests from two organisations for a review of their funding status, prior to the 2019 funding round, the outcome of which will be reported to Council in Quarter 3 of 2018/19.



Christie Fell Myles Hollywood Van der Kley McGregor Bowling Brown


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Foenander Hoare Schreiber

* * * * * * * * * *

MINUTE NO. 202

13. 18/76178. Echo Point Visitor Information Centre Part 5 Approval

A MOTION was MOVED by Councillors Schreiber and Hollywood:

That the Council approves the construction of Echo Point Visitor Information Centre, and a section of raised walkway that is a section of the Prince Henry Cliff Walk, under Part 5 of the Environmental Planning & Assessment Act 1979, in accordance with the Review of Environmental Factors and the Mitigating Measures contained within this report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 203

14. 18/91780. Winter Magic Council Support - Update


1. That the Council notes the update provided and the progress made in the delivery of Katoomba Solstice Day;

2. That the Council notes Blue Mountains Economic Enterprise’s (BMEE) acceptance

of Council’s request for them to engage with the Winter Magic Festival Committee and key stakeholders to manage the Winter Magic Festival 2019 review process;

3. That the Council notes that the Winter Magic Festival Committee has indicated

their willingness to engage with BMEE in this review process; and

4. That the Council delegates the authority to the General Manager (or her delegate) to approve an Memorandum of Understanding (MoU) with BMEE and approve payment to BMEE of funding in the 2018/19 financial year as per the terms of this MoU.


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* * * * * * * * * *

MINUTE NO. 204

15. 18/93743. Community Facilities Strategic Plan - Update


1. That the Council notes the content of this report; and 2. That the Council receives a further report on the Draft Community Facilities

Strategic Plan that will be presented to the Council by the end of Quarter 2 of 2018/19.




* * * * * * * * * *

MINUTE NO. 205

16. 18/102637. Tender Report - 50m Pool Filter Renewal at the Lawson Swim Centre


1. That the Council accepts the tender submitted by Hydrocare Pool Services Pty Ltd


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for the 50m Pool Filter Maintenance Upgrade at the Lawson Swim Centre for the sum of $229,500, exclusive of GST; and

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

to execute and sign documents relating to the contract for the 50m Pool Filter Maintenance Upgrade at the Lawson Swim Centre.




* * * * * * * * * *

MINUTE NO. 206

17. 18/76453. Former Katoomba Golf Course - Lease

The meeting was addressed by: Edward Fernon

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

1. That the Council notes the request by the lessee of the former Katoomba Golf Course for a boundary adjustment around the former Golf Club House and for a lease extension over the site; and

2. That the Council reaffirms the original timeline for the master-planning process for the former Katoomba Golf Course site and resolves that any proposed lease or boundary adjustments be addressed in the master-planning process.



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


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Schreiber

* * * * * * * * * *

18. 18/76673. Confidential Business Paper - Disposal of 62-64 Kent Street Bullaburra

That the Chairperson advised the Council that Item 18 – Disposal of 62-64 Kent Street Bullaburra has been determined not to be confidential.

* * * * * * * * * *

MINUTE NO. 207

18. 18/76673. Disposal of 62-64 Kent Street Bullaburra

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

1. That the Council endorses the sale of vacant land at 62-64 Kent Street, Bullaburra, being Lot 52 in DP 29859 to an adjoining or surrounding owner as per independent valuation advice plus applicable fees and charges;

2. That the Council endorses funds from the sale of 62-64 Kent Street, Bullaburra, to

be invested in the Property Investment Fund to assist future property, infrastructure and strategic asset works; and

3. That the Council delegates to the General Manager, authority to negotiate the sale

price and finalise the process. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 208

19. 18/77038. Extinguishment of Drainage Easement


1. That the Council endorses the extinguishment of a drainage easement traversing 18 Hillside Crescent, Glenbrook (Lot 2 in SP 93674);

2. That the Council endorses that the proponent pay all reasonable fees and charges

related to the extinguishment of the drainage easement; and


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3. That the Council endorses that funds from the extinguishment of easement be

invested in the Property Investment Fund to assist future property, infrastructure and strategic asset works.




* * * * * * * * * *

MINUTE NO. 209

20. 18/97599. Gundungurra ILUA – Additional BMCC Land in Schedule G


1. That, after extensive review and agreement by the Council and the Gundungurra Parties to the ILUA, the Council approves the inclusion of the additional BMCC managed lands on Schedule G of the Gundungurra ILUA as attached to this report;

2. That the Council notes the considerations for the Council in managing the

requirements of additional lands in Schedule G are addressed through the Council’s continuing participation in the Gundungurra ILUA Consultative Committee;

3. That the Council supports in-principle the use of Gundungurra language names

for those Council-managed lands without existing names in Schedule G, as requested by the Gundungurra Parties to the ILUA

4. That the Council receives a further report, following consultation with the

Gundungurra Parties to the ILUA, identifying the process for identification and adoption of these Gundungurra language names; and

5. That the Council notes the interest of Gundungurra Parties to the ILUA in relation

to Crown Land that will be subject to the implementation of the Crown Land Management Act 2016 and writes to the relevant State Government Minister advocating on behalf of the Gundungurra Parties that these interests be considered.


For Against


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

* * * * * * * * * *

MINUTE NO. 210

21. 18/111078. Feasibility of installing paid toilets and showers

A MOTION was MOVED by Councillors Schreiber and Christie:

That the Council receives a briefing on the feasibility of installing self-cleaning toilets at Mt Wilson.




* * * * * * * * * *

MINUTE NO. 211

22. 18/111767. Audit & Risk Committee and other Advisory Committee Minutes

A MOTION was MOVED by Councillors Brown and Schreiber:

1. The Council notes that:

a) the role of the Council advisory committees is to advise the Council; b) there are 26 advisory committees listed on Council’s website of which only two,

the Heritage Advisory Committee and the Local Traffic Committee, provide minutes to be accepted at Council meetings and recorded in the business


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papers;

c) there has been recent public debate about the role of the Audit & Risk Committee (ARC) in Council’s asbestos management;

d) the objective of the Audit [& Risk] Committee is “to provide independent

assurance and assistance to the Blue Mountains City Council on risk management, control, governance, and external accountability responsibilities.” (Audit Committee Charter 2012);

e) the roles and responsibilities of the ARC include to “act as a forum for

communication between the Council, General Manager, senior management, internal audit and external audit” (Audit Committee Charter 2012);

2. That the Council endorses that the confirmed Audit and Risk Committee minutes

and all other advisory committee minutes are henceforth brought to Council to be accepted; and

3. That, in light of the recent debate, the Council endorses that the confirmed Audit &

Risk Committee minutes from March 2012–present are uploaded onto the website. 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. 212

23. 18/112155. Pedestrian access at Hawkesbury Road, Hawkesbury Heights

A MOTION was MOVED by Councillors Foenander and Fell:

1. That the Council notes: • There is no off road shared pedestrian or cycle access along Hawkesbury

Road, from High School Drive to Roberts Parade and Lizzards Preschool and Long Day Care, of particular concern is the bend in the roadway from Booker Road down to Roberts Parade where the lack of an off-road shared path means residents have to use the roadway, which is a major thoroughfare between the Blue Mountains and Hawkesbury;

• Hawkesbury Road, Hawkesbury Heights, is a major safety issue for pedestrians and there is no provision for safe pedestrian and cycle access;

• The bends along Hawkesbury Road, Hawkesbury Heights, has no reduced speed limit in the blind spots and therefore residents have expressed that they are too afraid to walk on the road; and

2. That the Council writes urgently, under the letterhead of the Mayor, to the State

Member, Trish Doyle MP, to make representations on our behalf to the Roads and Maritime Services (RMS) and Minister for Infrastructure, to address these concerns


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and to provide safer pedestrian infrastructure along Hawkesbury Road, Hawkesbury Heights.




* * * * * * * * * *

MINUTE NO. 213

24. 18/104849. Precis of Selected Correspondence


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:



* * * * * * * * * *

25. 18/71687. Response to Question With Notice - Council Legal Expenditure


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That the Chairperson notes the receipt of the response from the General Manager to the Questions as tabled.

* * * * * * * * * *

26. 18/77024. Response to Question With Notice - Legal Expenses for 170-174 Leura Mall, Leura


* * * * * * * * * *

27. 18/102531. Response to Questions With Notice - Lawson Mechanics Institute Asbestos Removal 2016


* * * * * * * * * *

Procedural – Question without Notice

A QUESTION by Councillors Brown: In relation to170-174 Leura Mall, Leura, is the Council involved in legal proceedings in relation to the Wayzgoose café?

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MINUTE NO. 214

Procedural – Move into Confidential Session

A MOTION was MOVED by Councillors Foenander and Christie:

1. That the Meeting move into a Confidential Session; 2. That pursuant to the provisions of Section 10A(2) (a) of the Local Government Act

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

(b) Information that would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposed to conduct business) (c) Information that would if disclosed, confer a commercial advantage on a

person with whom the Council is conducting (or proposed to conduct business)

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

(i) alleged contraventions of any code of conduct requirements applicable under section 440.

3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.


Page 24 of 27




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MINUTE NO. 215

MM5. 18/98039. Confidential Business Paper - Proposed Response to Release of Information from the Independent Asbestos Investigation - Confidential Mayoral Minute


1. That the Council prepares a summary of the Clyde & Co independent Asbestos Investigation outcomes and findings, for public release within 31 days from 29 May 2018, that is carefully worded to ensure that the Council does not lose its legal privilege relative to the Investigation Reports;

2. That the Council endorses that the summary is accompanied by an overview of the

Council’s response to the Asbestos Investigation and progress to date in strengthening safety and asbestos management; and

3. That, following completion of the SafeWork NSW and Environmental Protection Authority investigations, the Council releases a redacted version of the Clyde & Co Final Report to the public.


For Against Councillors Greenhill Councillors Brown

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

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MINUTE NO. 216

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Hollywood and Van der Kley: That the Council reorders the business for Item 3 Confidential Business Paper - Code of Conduct Review to be placed as the last item on the meeting agenda. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



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MINUTE NO. 217

3. 18/98725. Confidential Business Paper - Code of Conduct Review

A MOTION was MOVED by Councillors Hollywood and Myles:

1. That the Council notes the investigation report (including attachments 1 to 16 inclusive), submitted to the Council for consideration in accordance with the Code of Conduct, which has been made available to Councillors with the business paper for this meeting; and

2. That the Council accepts the recommendations of the investigator, made under

clause 8.35 paragraph (d) of the Procedures for the Administration of the Code of Conduct, and accordingly resolves that the subject councillor be required to apologise to the complainant and that this be done in writing within 28 days of the final report being considered by the Council and that the apology be framed in accordance with the NSW Ombudsman's guidelines: "Apologies – A Practical Guide March 2009".


For Against Councillors Fell Councillors Christie

Myles Brown Hollywood Van der Kley McGregor Bowling


Page 26 of 27

Hoare

With Councillors Greenhill, Foenander and Schreiber out of the chamber.

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MINUTE NO. 218

7. 18/101821. Confidential Business Paper - Write off of Rates


That, in accordance with Regulation 213 of the Local Government (General) Regulation 2005, the Council writes off the outstanding debt of $16,031.88 owed by Katoomba Airfield Pty Ltd as it is deemed to be unrecoverable. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



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MINUTE NO. 219

Procedural – Return to Public Meeting

A MOTION was MOVED by Councillors McGregor and Myles:

That the Meeting be reopened to the Public. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against Councillors Christie Councillors

Fell Myles Hollywood Van der Kley McGregor Bowling Brown Hoare

With Councillors Greenhill, Foenander and Schreiber out of the chamber.

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MINUTE NO. 220

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 May 2018, the meeting closed at 9:35pm. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



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I confirm that these minutes, consisting of this page 27 and the previous 26 pages, were confirmed at the Ordinary Meeting of the Council on 26 June 2018. Chairman: Mayor Mark Greenhill………………...…………………………… Date……………

Minutes of Ordinary Meeting - 29 May 2018 · 2018-06-29 · 2. That, in the event the Minister for Planning does not grant an exemption, the Council request deferral of the Low Rise

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