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Blue Mountains City Council

Agenda items

 Meeting date: 



Subject
1   CONTRIBUTION TO MARKETING CAMPAIGN FOR CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT
1. That the Council explore with the NSW LGSA additional contributions from the annual member funds towards the National marketing campaign for the Constitutional Recognition of Local Government Referendum;
2. That the Council request the NSW LGSA to make representations to Regional Organisations of Councils for the use of parts of annual memberships received, as well as identify other revenue raising activities, to contribute to the National marketing campaign for the Constitutional Recognition of Local Government Referendum;
3. That the Council note that this follows a request by the NSW LGSA for the sum of $10,000 per annum for 3 years; and
4. That the Council consider the matter of making a contribution of three annual payments under delegation of the General Manager, to the campaign for Constitutional Recognition of the Local Government Referendum once further information on the manner of the expenditure of these funds has been received and the identification of other funding sources has occurred, as Council funds will need to be expended on local awareness raising of the issue.


2   DELEGATION TO DINOSAUR PARK IN GOSEONG, KOREA
1. That the Council thanks the Mayor of Goseong for inviting the Mayor of the City of the Blue Mountains and two further representatives to the opening of the Goseong Dinosaur World Expo 2012, at the cost of Goseong, from the 29-31 March 2012;
2. That the Council note that all costs of the attendance of the delegation are to be met by the City of Goseong and endorse the attendance of the BMCC delegation at this event;
3. That the Council note that an invitation has been extended to Blue Mountains Lithgow and Oberon Tourism to nominate a representative to accompany the Mayor;
4. That the Council nominate a further Councillor representative to accompany the Mayor and BMLOT official to the event; and
5. That the Council endorse a budget of $800 to cover the costs of gifts for the delegation.


3   BLUE MOUNTAINS SISTER CITIES COMMITTEE ANNUAL REPORT
1. That the Council endorses the Sister Cities Committee Annual Report for 2011 and publishes the report on the Council website;
2. That the Council welcomes the newly appointed Executive Committee members and thanks those outgoing members of the Committee; and
3. That the Council thanks the outgoing Committee members for their efforts on behalf of the Council.


4   UNREASONABLE COMPLAINANT CONDUCT MANAGEMENT SYSTEM UPDATE
1. That the Council notes that the Unreasonable Complainant Conduct Management System Policy 2009 remains in operation; and
2. That the Council notes the report on the operations of the Policy.


5   CODE OF CONDUCT REPORT 2011
That the Council notes the General Managers annual legislated report on allegations received under the Blue Mountains City Council Code of Conduct for 2010-11 period.


6   SCHEDULE OF INVESTED MONIES FOR NOVEMBER 2011
1.That the Council receive the schedule of invested monies for November 2011; and
2. That the certificate of the Responsible Accounting Officer be noted.


7   COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATION BY COUNCILLORS
That the Council approve the following donations from the Councillor’s Minor Local Projects vote:
Organisation Amount
Blue Mountains Ukulele Club 1000.00
Gateway Family Services 200.00
Glenbrook Community Arts Centre 500.00
Kinship at Christmas 200.00
St Finbar’s Church


8   VARIATION TO 2011/12 SPORTS FEES EXPENDITURE PROGRAM
That the Council note that the 2011-2012 Sports Fees Expenditure Program be updated to include $4000 for the design of field drainage works at Summerhayes Park.


9   BLUE MOUNTAINS HERITAGE ADVISORY COMMITTEE - MINUTES OF 30 NOVEMBER 2011
That the Council approves and adopts the Minutes for the Blue Mountains Heritage Advisory Committee held on 30 November 2011.


10   REVIEW OF NSW PLANNING SYSTEM: COUNCIL SUBMISSION TO ISSUES PAPER
That the Council endorses the attached submission in response to the Issues Paper prepared as part of the review of the NSW planning system to the independent panel that is conducting the review.


11   DRAFT BLUE MOUNTAIN CULTURAL CENTRE BUSINESS SPONSORSHIP POLICY
1. That the Council endorse the Draft Blue Mountains Cultural Centre Business Sponsorship Policy for Public Exhibition for a period of 28 days; and
2. That the Council receive a report on the outcomes of the Public Exhibition process for the Draft Blue Mountains Cultural Centre Business Sponsorship Policy to the 13 March 2012 Ordinary Meeting of the Council.


12   NSW GOVERNMENT LOCAL INFRASTRUCTURE RENEWAL SCHEME
1. That the Council note that on 6 January 2012 the NSW Government announced that NSW councils can now apply for interest subsidies under the Local Infrastructure Renewal Scheme;
2. That the Council endorse the Blue Mountain City Council’s notification of its intention to lodge an application under the scheme by 10 February 2012 as required by the guidelines;
3. That the Council note that a further report will be bought before the Council at the 13 March 2012 Ordinary Meeting with proposed projects that would be considered suitable for inclusion in the Council’s application; and
4. That the Council note that the closing date for applications is 30 March 2012.


13   EXTINGUISHMENT OF DRAINAGE EASEMENT- 44 QUEENS ROAD, LEURA
1. That the Council agrees to extinguish the redundant drainage easement on Lot 1 in Deposited Plan 213428 being 44 Queens Road, Leura; and
2. That the Common Seal of the Council be affixed to any necessary documents as required.


14   LEURA FALLS CREEK CATCHMENT CONDITION
That the Council receive and note this report in relation to the health of Leura Falls Creek, its tributaries, the urban impacts that affect this catchment and the actions taken by council.


15   WILDLIFE MANAGEMENT AREAS
1. That the Council receives the report and notes the information provided in the report;
2. That the Council proceed with a trial of Wildlife Protection Areas at Sassafras Gully and Bonnie Doon and these be placed on public exhibition in accordance with the Wildlife Protection Area Policy; and
3. That the outcomes of the public exhibition are reported to the Council at the ordinary meeting of 3 April 2012.


16   TENDER FOR THE CONSTRUCTION OF A NEW TOILET BLOCK FACILITY AT HAZELBROOK SHOPPING CENTRE
1. That the Council accepts the tender submitted by Cranebrook Constructions for the construction of a public toilet facility at the Hazelbrook shopping centre for the sum of $257,318 (two hundred and fifty-seven thousand three hundred and eighteen dollars) exclusive of GST; and
2. That the Common Seal of the Council be affixed, as required, to documents relating to this contract.


17   LAWSON COMMUNITY HALL (MECHANICS INSTITUTE) - FEES AND CHARGES
1. That the Council receives this report; and
2. That the Council adopt the schedule of the proposed fees and charges 2011/2012, as set out in this report, for the use of the Lawson Community Hall.


18   BLUE MOUNTAIN CULTURAL CENTRE GOVERNANCE PROGRESS
That the Council endorse this report and the transition to the Establishment Committee phase.


19   BICYCLE RACKS IN GLENBROOK
That the Council notes and receives this report.


20   COMMUNITY SERVICES, DEPARTMENT OF HUMAN SERVICES NSW - SERVICE AGREEMENT - VARIATION 2011/2012
That the Council approves entering into a revised 2011-2012 Service Agreement with the Department of Human Services for the funding of community service activities totalling $215,763 GST exclusive, and that the Common Seal of the Council be affixed to the Agreement.


21   STATE GOVERNMENT EMERGENCY MANAGMENT CHARGES
1. That the Council endorse that the Mayor and General Manager seek to meet with the Minister for Police and Emergency Services, Mr Michael Gallagher and the Minister for Local Government, Mr Don Page regarding the increasing cost and impact of these increases on the Council of Statutory Contributions for Emergency Services and the Council’s ability to re-coup the true cost of these services; and
2. That the Council seek the support of the State local members to secure the meeting.


22   TENDER FOR THE GLENBROOK AQUATIC CENTRE - UPGRADE TO PLANT AND EQUIPMENT
1. That the Council accepts the tender submitted by Trisley’s Hydraulic Services Pty Ltd for the upgrade to plant and equipment at the Glenbrook Aquatic Centre for the sum of $944,700 (nine hundred and forty-four thousand, seven hundred dollars) exclusive of GST; and
2. That the Common Seal of the Council be affixed, as required, to documents relating to the contract


23   CONFIDENTIAL BUSINESS PAPER – HAZELWOOD CHILD CARE CENTRE
1. That Item 23 in the 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 Item 23 in the Confidential Business Paper - Hazelwood Child Care Centre pursuant to the provisions of Section 10A(2) (c) of the Local Government Act 1993, as the report contains and discussion is likely to involve:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


24   CONFIDENTIAL BUSINESS PAPER – PROPOSAL FOR THE USE OF COUNCIL OWNED LAND WITHIN LAWSON BUSINESS PARK
1. That Item 23 in the 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 Item 23 in the Confidential Business Paper - Hazelwood Child Care Centre pursuant to the provisions of Section 10A(2) (c) of the Local Government Act 1993, as the report contains and discussion is likely to involve:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


25   LAWSON TOWN CENTRE - REQUEST FOR ADDITIONAL SPONSORSHIP FOR CIVIL WORKS FOR INSTALLATION OF PUBLIC ART WORK
1. That that the Council endorses the artist to proceed with the fabrication and installation of the artwork Noondial; and
2. That the Council approves the variation request from MMNC for an additional $2,000 for the foundation works for the artwork.


26   ADVICE TO COUNCIL REGARDING PREPARATION OF CITYWIDE LOCAL ENVIRONMENTAL PLAN BY PENRITH CITY COUNCIL
That the Council makes a submission to Penrith City Council on matters included in the Penrith Local Environmental Plan that have implications for the City of the Blue Mountains, as discussed in the report.


27   CURRENT STATUS OF OUTSTANDING PERMISSIBILITY ISSUES – 171 LURLINE STREET, KATOOMBA
1. That the Council note this report; and
2. That in an endeavour to progress the issue, the proprietor of 171 Lurline Street be invited to make an application for the preparation of a Draft Local Environmental Plan consistent with Option 4 herein, and subject to the applicant agreeing that the fee payment schedule for the rezoning will be as follows;
a. Stage 1: $5,000-To be paid at the time of lodgement of the Planning Proposal
b. Stage 2: $5,000-To be paid at upon resolution by the Minister for Planning that the proposal will proceed through the Gateway
c. Stage 3: $6,068-To be paid at conclusion of the community consultation period and prior to preparation of draft local environmental plan.


28   DEVELOPMENT APPLICATION NO. X/747/2011 FOR A TWO STOREY TRADE TRAINING BUILDING ON LOT 10 DP 1071527, LOT 1 DP 1134493 AND LOT 1 DP 1134511, WYCLIFFE CHRISTIAN SCHOOL, 133-137 RICKARD ROAD, WARRIMOO
1. That the Development Application No. X/747/2011 for a two storey Trade Training Building on Lot 10 DP 1071527, Lot 1 DP 1134493 and Lot 1 DP 1134511, Wycliffe Christian School, 133-137 Rickard Road, Warrimoo be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.
2. That the Council not impose a condition requiring a contribution under the Blue Mountains Citywide Community Infrastructure Contributions Plan 2010 (Section 94A Levy Plan) for the reason that the application is for the purpose of an educational facility in accordance with cl. 1.16 (h) of the Plan.


29   DEVELOPMENT APPLICATION NO. X/393/2011 FOR ADDITIONS AND ALTERATIONS TO EXISTING SELF-STORAGE UNITS ON LOT B DP 405955, 7 LIVINGSTONE STREET, LAWSON
That the Development Application No. X/393/2011 for additions and alterations to the existing self-storage units on Lot B DP 405955, 7 Livingstone Street, Lawson be determined pursuant to s.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.


30   DEVELOPMENT APPLICATION NO. X/434/2011 FOR ADDITIONS AND ALTERATIONS TO INDUSTRIAL UNIT AND NEW ONSITE STORMWATER DRAINAGE SYSTEM FOR RIDGE TOP FRAMES AND TRUSSES ON LOT 3 SP 39338 AND LOT 4 SP 39338, UNITS 3 & 4, 31 ATTUNGA ROAD, BLAXLAND
That the Development Application No. X/434/2011 for additions and alterations to industrial unit and new onsite stormwater drainage system for Ridge Top Frames and Trusses on Lot 3 SP 39338 and Lot 4 SP 39338, Units 3 & 4, 31 Attunga Road, Blaxland, be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.


31   DEVELOPMENT APPLICATION NO. X/677/2011 FOR A CHILD CARE CENTRE AT FAULCONBRIDGE PUBLIC SCHOOL, LOT 51 DP 883899, 2- 24 GROSE ROAD, FAULCONBRIDGE
1. That the Development Application No. X/677/2011 for a child care centre at Faulconbridge Public School on Lot 51 DP 883899, 2-24 Grose Road, Faulconbridge be determined pursuant to s.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report; and
2. That the development be exempt from the payment of a Community Infrastructure Contribution in accordance with the provisions in Part B, cl.1.16(h) of the Blue Mountains Citywide Community Infrastructure Contributions Plan 2010 (Section 94A Levy Plan) which allows exemption for development for the purpose of a child care facility.


32   DEVELOPMENT APPLICATION NO. X/767/2011 FOR NINETEEN (19) RESIDENTIAL UNITS WITH BASEMENT CAR PARKING ON LOT 44 DP 1052149, 8 GREAT WESTERN HIGHWAY, LEURA
That the Development Application No. X/767/2011 for nineteen (19) residential units with basement car parking on Lot 44 DP 1052149, 8 Great Western Highway, Leura be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.


33   MODIFICATION APPLICATION NO. XM/773/2009/B TO MODIFY DEVELOPMENT CONSENT FOR ALTERATIONS & ADDITIONS ON LOT 8– 22 DP 2450, LOT 1 DP 133407, LOT 20 DP 25570, LOT 2 DP 334630, HYDRO MAJESTIC HOTEL, 52-88 GREAT WESTERN HIGHWAY, MEDLOW BATH
That the modification application No. XM/773/2009/B be determined pursuant to S.96 of the Environmental Planning and Assessment Act 1979 by modifying Condition 19 (Section 94A Development Contribution) to reduce the levy by $7,741.79 to a total amount of $339,254.48, but refusing any further reduction in the levy as it is not in accordance with the Citywide Community Infrastructure Contributions Plan 2010 for the following reasons:
1. The value of works undertaken is not accepted as being equal to the contribution otherwise required under clause 1.19.1(a) of the Citywide Community Infrastructure Contributions Plan 2010;
2. The works undertaken are not to be handed over to Council without restriction of limitation, as required under Clause 1.19.1(b) of the Citywide Community Infrastructure Contributions Plan 2010;
3. The works would not be towards the public purpose to which the contribution would otherwise be applied under clause 1.19.2 of the Citywide Community Infrastructure Contributions Plan 2010; and
4. The proposed work is of the type assessed as being part of the approved development and in balance of potential heritage impacts. The proposed work is identified within Part 6 (Conservation Policies) within the adopted Conservation Management Plan.


34   KATOOMBA STREET, KATOOMBA - PARKING ARRANGEMENTS
That the Council receives and notes this report.


35   PROPOSED ROUNDABOUT AT THE INTERSECTION OF KATOOMBA AND WARATAH STREETS, KATOOMBA
1. That the Council defers the proposed Roundabout at the intersection of Katoomba and Waratah Streets, Katoomba project at this time pending completion of the Katoomba Traffic Study;
2. That the Council, in accordance with Section 178, Clause 3 (1) (b), Local Government (General) Regulations 2005, declines the tender submitted by Anewtec Civil Pty Ltd for the construction of a roundabout at the intersection of Katoomba St and Waratah St, Katoomba for the sum of $719,335 (seven hundred and nineteen thousand three hundred and thirty five dollars) exclusive of GST; and
3. That the Council approves the transfer of the balance of funds for the proposed Roundabout at the intersection of Katoomba and Waratah Streets as allocated in the Capital Works Program and the identified savings in the 2011/12 program as reported in the Quarter 1 Budget review totalling $729,000 to a Restricted Assets Account to be reserved for traffic related projects in Katoomba.


36   LOCAL TRAFFIC COMMITTEE - MINUTES OF 8 NOVEMBER 2011 MEETING
1. That the Council receives the Minutes for the Local Traffic Committee;
2. That the Council approves LTC recommendations:
(a) 2011.39 Hydora Lane, Blackheath. - Proposed No Stopping Zone;
(b) 2011.40 Wentworth Street, Blackheath - Proposed Kiss and Ride Zone fronting Blackheath Public School;
(c) 2011.41 Whitton Street, Katoomba - Proposed No Stopping Zone fronting Endeavour Energy’s driveway;
(d) 2011.42 Katoomba Street, Katoomba - Proposed addition of a Children’s Crossing at the Pedestrian (Zebra) Crossing fronting St Canice’s Catholic School;
(e) 2011.43 Everglades Avenue, Leura - Proposed Bus Zone and No Stopping Zone; and
(f) 2011.44 Falls Road, Wentworth Falls - Proposed Disabled Parking Zone fronting Wilson Park;
3. That the Council notes LTC recommendations: 2011.45 Macquarie Road, Springwood - Traffic and Pedestrian Conditions fronting Springwood Public School; and
4. That the Local Traffic Committee is notified of the decisions of the Council.


37   CONDITION OF LETT STREET, KATOOMBA
That the Council receives a report on the condition of Lett St, Katoomba road surface and any urgent road maintenance program and local traffic controls required, along with the associated costs for such programs/controls.


38   PRECIS OF SELECTED CORRESPONDENCE
That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.


39   BLUE MOUNTAINS LIBRARIES BRANCH STATISTICS
Question Without Notice from Ordinary Meeting of the Council of 1 November 2011
Can we please obtain some information on historical usage of libraries over the last years since the upgrade of libraries since 2004?


40   REQUEST FOR INSTALLATION OF RED LIGHT AND SPEED CAMERAS ON GREAT WESTERN HIGHWAY
Question Without Notice - 22 November 2011?
Can the previous resolution, brought to the Council in regard to Speed Cameras be reviewed in terms of the follow-up actions taken to date on the matter?