Page 1

MINUTE BY MAYOR Ordinary Meeting, 2/4/02

ITEM NO: 1

SUBJECT: KIDS GO FREE WEEKEND – INITIATIVE AND OUTCOME

FILE NO: C05665

Recommendation:

That the Minute by Mayor be received.

Minute by Mayor:

Following the Christmas Bushfires local representations were made to the Hon Bob Debus MP seeking a “recovery” plan as a result of the damage to the tourism industry, and the whole of the local economy.

This was in addition to the $1million awarded to bushfire affected areas by the state and federal governments for tourism recovery as result of the lobbying efforts of the Blue Mountains Tourism Manager, Kerry Fryer and an industry taskforce.

Following consultation between Mr Debus, the Minister for Transport, Hon Carl Scully MP, State/CityRail and Tourism NSW, the parties offered 250 free Family Passes to the Blue Mountains, to be used on Sunday, 10 March in conjunction with free entry to Scenic World, The Edge Cinema and Everglades Gardens as a value-added package (arranged through BMCC/BMTL). Tourism NSW provided entertainment on trains hauling additional carriages, departing Central at 8am, 9am and 10am.

Council co-ordinated the event and in order to optimise the benefits of the offer, got together with a small group of operators, and tourism members to develop a strategy for recovery of the overall visitation to the area. The idea of a “Kids Go Free Weekend” to be held on 9 & 10 March 2002 was born. This meant that as long as an adult paid for food/ accommodation/attractions, etc – up to 2 children would ‘go free’.

More than 70 cafes, restaurants, guesthouses, cottages, hotels, attractions, activities, touring and transport operators, retail stores and places of special interest participated. Each displayed, in the window of their operation, a yellow-smiley-face on an A4 size page to indicate their association to the general public.

Tourism NSW Involvement

Through a Tourism NSW 3-day promotion in the Daily Telegraph, 250 Family Passes were won (via a phone-in offer) for use only on Sunday, 10 March.

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MINUTE BY MAYOR Item 1 - Ordinary Meeting, 2/4/02

Publicity

In addition to the 3-day Telegraph ad, media releases were sent to:

Radio: ABC, 2UE, 2GB, 2DAY, 2WS, 2MMM, 2DAY, 96.1FM, 2LT, 2BLU. Press: SMH, Telegraph, Australian, Fairfax Suburbans, Western Advocate, Newcastle Herald, Penrith Press, BM Gazette, Hawkesbury News, AAP. TV: CH10, CH7, ABC, CH9, SBS. Websites: 2UE, 2WS, 2GB, CH7; BMTL, BMCC and [email protected].

Articles on the weekend ran in the Daily Telegraph, The Morning Herald, Fairfax Suburban Newspapers, Penrith Press, The Hawkesbury Gazette and the Blue Mountains Gazette.

Additionally, Bronwen Johnston the Chair of Blue Mountains Tourism, did long interviews with Angela Catterns (Breakfast Program) and James Valentine (Afternoon Program) on ABC Radio 2BL. Council’s Media officer, Kerry Mumford, spoke on air with Steve Price 2UE (Breakfast Program).

Feedback from Operators

Of those who completed the “Feedback Form” - 98% said that they would like to participate in this type of marketing activity again.

Most of the businesses agreed that about 600 Prizewinners visited their premises totally free.

About 70% felt that the “kids go free offers” (for the whole weekend), were taken-up by residents. This was seen as very positive in that locals will now confidently take their visitors to these businesses.

Rural Fire Service Involvement

Mr Bob Kemnitz (a member of the RFS) recently won a large raffle that he donated back to the RFS (through BMCC) to be re-raffled to raise additional, much needed funds. Several other prizes of free accommodation/membership were donated by local businesses to be included in the prize.

RFS volunteers distributed information on the Blue Mountains to the passengers and sold raffle tickets. A reasonable amount was raised, on the 3 trains that came up on Sunday morning - this will be put towards public education. The RFS will continue to sell tickets for another few months with the aim of raising sufficient money for a trailer to carry equipment and other material used in educational visits to schools, etc.

Additionally, on Friday, 8 March, Council was advised that the New York Fire and Police Department contingent from Ground Zero, currently visiting New South Wales, would be in the Mountains on Sunday. A VIP luncheon was quickly organised with Katoomba Fire Control/Emergency Services Office being used as the venue. Approximately 100 people attended, including about 30 from the United States. The visitors were then taken on the attractions at Scenicworld. Indications were that very successful “partnerships” were forged. Page 3

MINUTE BY MAYOR Item 1 - Ordinary Meeting, 2/4/02

Conclusion

Participants felt the extensive coverage of the Kids Go Free Weekend in print media, on radio and TV, helped position the Blue Mountains to front-of-mind in the very important Sydney and NSW markets. The unique joint marketing efforts of Blue Mountains City Council, Blue Mountains Tourism and Biznet clearly established that the Mountains are blue and beautiful and open for business.

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MINUTE BY MAYOR Ordinary Meeting, 2/4/02

ITEM NO: 2

SUBJECT: ITEM C1 IN CONFIDENTIAL BUSINESS PAPER – DRAFT LEP 2000

FILE NO:

Recommendations:

1. That Item C1 in the Business Paper – Draft LEP 2000 be deferred for consideration until all other business of this meeting has been concluded.

2. That Council close part of the Council Meeting for consideration of Item C1 in the Business Paper – Draft LEP 2000, pursuant to the provisions of Sections 10A(2)(c) and 10A(2)(g) of the Local Government Act 1993, as the report contains, and discussion involves, information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Minute by Mayor:

This matter has been listed in the Confidential Business Paper because, in my opinion, consideration of the matter is likely to take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.

The matter to be dealt with relates to the implications of legal advices on provisions within Draft LEP 2000 that give rise to the potential acquisition of land.

Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so. In this case, the reason for closing that part of the meeting to consider Item C1 in the Confidential Business Paper is that the report contains, and discussion involves, information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 2/4/02

ITEM NO: 3

SUBJECT: PLAN OF MANAGEMENT - WENTWORTH FALLS SCHOOL OF ARTS

FILE NO: H01105

Recommendation:

That Council adopt the Wentworth Falls School of Arts Plan of Management in accordance with Section 36 of the Local Government, 1993.

Report by Group Manager, Assets & Corporate Services:

This report deals with the exhibition of the Draft Plan of Management for the Wentworth Falls School of Arts. The adoption of the Plan of Management would categorise the land as an “Area of Cultural Significance”. The Plan of Management confirms that the Wentworth Falls School of Arts shall continue to be a community meeting place and cultural facility for local and wider community benefit.

The Plan of Management has been previously distributed to Councillors under separate cover and copies of which are also available to the public from the libraries and front counters of Council’s administration buildings.

Background The Wentworth Falls School of Arts site is situated on the corner of Adele Street and the Great Western Highway Wentworth Falls. The Plan of Management covers the buildings that are at 217 - 219 Great Western Highway, Wentworth Falls, Lot 1, DP 999075, Lot 4 in DP 999002 and Lot 4 in DP27730.

The Wentworth Falls School of Arts was opened in 1915 on land donated by Mrs R. M Pitt. In following years, the building was very popular with the community and the library recorded an annual borrowing figure of 11,000 books in 1918. At that time, the building was also being used as the venue for the agricultural show.

The Wentworth Falls School of Arts is a significant community and cultural focal point linking with the beginnings of the settlement of Wentworth Falls in early years and the evolving of Australian history. It was the venue for the launching of the Inaugural City of the Arts. The building has previously undergone a number of renovations and refurbishments. The improvements and renovation in 1995 were managed by a community-base project team comprising representatives from the community, Council, the Blue Mountains Arts Council, the visual arts and the performing arts.

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QUALITY LOCAL GOVERNMENT Item 3 - Ordinary Meeting, 2/4/02

The land and building are currently used by various community based groups together with the branch library facility, including:

· Performing arts - theatre and dance; · Visual arts; · General community clubs and groups; · Educational groups; · Community markets and festivals; · Library; · Private hirers; and · Commercial hirers.

The objective in preparing a plan of management under the Local Government Act 1993 is to provide a framework for the effective management and equitable community use of the site.

Public Consultation Under the provisions of the Local Government Act 1993 plans of management must be prepared for all community land. Travis McEwen Group (now Architectus) consultants were engaged to assist Council in the process of preparing the draft plan of management for the Wentworth Falls School of Arts. Extensive consultation was carried out with key stakeholders and members of the public to identify issues relating to the site. A stakeholders meeting, a public meeting and a public hearing have been held.

Public Hearing The Public Hearing was held on the 25 September 2001 chaired by Travis McEwen who later reported on the meeting. The Public Hearing report was exhibited and no submissions were received. The recommendation of the Public Hearing was that the land be classified as an Area of Cultural Significance.

Plan of Management The draft plan of management addresses all requirements under the Local Government Act, namely it: · Categorises the land · Contains objectives for the management of the land performance targets. · Specifies the means of achieving the objectives and performance targets and how achievement of the objectives and performance targets is to be assessed. · Describes the condition of the land, the buildings and the use of the buildings as at the adoption of the plan. · States the purpose for which the land will be allowed to be used and the scale and intensity of that use. · Provides and "express authorisation " for leases, licences or other estates that may be granted over the land, or activities that require the approval of the Council before being carried out on the land.

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QUALITY LOCAL GOVERNMENT Item 3 - Ordinary Meeting, 2/4/02

Specifically the Plan of Management for the Wentworth Falls School of Arts site recommends: · Categorise the land as an "Area of Cultural Significance". · Preserve and enhance the character, heritage and amenity of the School of Arts. · Increase the sense of community ownership and enjoyment. · Seek other forms of funding to assist in the improvement, running and promotion of the facility. · Ensure more involvement from members of the community, major hirers and Council in the ongoing management of the facilities. · Improve the functioning and visibility of the School of Arts as a performing and visual arts centre. · Maintain adequate security measures to ensure the safety of facility users. · Aim to ensure that user fees meet ongoing maintenance costs.

It has been clear that the Wentworth Falls School of Arts has various community values. They are:

Cultural Value: as a local and regionally significant performing arts space, visual arts venue, community meeting place and a place of learning. Social Value: as a focal point for the community Historic Value: as an important link with the early days of Wentworth Falls community.

The various community values have defined the Wentworth Falls School of Arts’ vision that it is a significant community and cultural point and it shall continue to be a community meeting place and cultural facility for local and wider community benefit.

The Plan of Management for the Wentworth Falls School of Arts site authorises leases, licences or professional management agreements for the management and/or use of the site in accordance with the goals and objectives in the Plan. It also authorises the appointment of a Board of Management with membership established through different methods such as an open and inclusive public consultation process or direct invitation. Members with appropriate cultural, community and management expertise may be drawn from the general Wentworth Falls community, community interested groups, major hirer groups and Council.

Exhibition The Draft Plan was exhibited from 17 October 2001 till 27 November 2001. No written submissions were received during the exhibition period. It is considered that because most stakeholders had made submissions prior to the document being prepared and the amount of community consultation ensured that the draft document was acceptable to the general community.

Conclusion The exhibition of the Draft Plan of Management did not draw any submissions and therefore it is considered that the Wentworth Falls School of Arts Plan of Management is in a form suitable for adoption by Council.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 2/4/02

ITEM NO: 4

SUBJECT: OUT OF THE BLUE – VENUE FOR PERFORMING ARTS

FILE NO: C01246

Recommendations:

1. That Out of the Blue Inc. be advised that as Council’s community buildings are currently designated and hired for multiple purposes and uses none are currently available as a home base for their operations or for dedicated performing arts use, nor likely to be in the foreseeable future.

2. That Council note in particular that the Wentworth Falls School of Arts is well used by many community groups and is unlikely to become available for sole use by any performing arts group.

3. That Council’s acknowledges that there is a need for better facilities for the performing arts in the Blue Mountains, possibly including a dedicated facility.

4. That accordingly, the Out of the Blue’s request for a home base in the Blue Mountains, along with the needs of the performing arts generally as outlined at the meeting held on 6 March 2002, be included in the investigation of the needs of performing arts groups as required by the Four-Year Cultural Strategy adopted by Council on 23 May 2000.

Report by Group Manager, Assets & Corporate Services:

This report provides Councillors with the information received from the meeting with representatives of performing arts groups in the Blue Mountains held on 6 March 2002 regarding a request for a home base from Out of the Blue and the needs of other performing arts groups and other users of council venues.

Background In September 2001 Councillors were approached with a request from Out of the Blue Performing Arts Inc to help this organisation stay in the Blue Mountains. This request was forwarded to Councillors on the basis that if Out of the Blue is to continue to thrive and develop, it requires a permanent base or home where new work can be developed, workshops conducted and training programs implemented.

Council at its meeting of 9 October 2001 considered Out of the Blue’s request by way of a Notice of Motion and subsequently resolved, (vide Minute No. 478):

“1. That a meeting be convened as soon as possible with board members of Out of the Blue Performing Arts Inc, and invite other performing arts groups, General Manager and other appropriate staff, and interested Councillors to discuss the issue of a permanent base/home/centre to perform and be viable. Page 9

QUALITY LOCAL GOVERNMENT Item 4 - Ordinary Meeting, 2/4/02

2. That a report (taking into consideration the needs of other users of Council venues) come to council for consideration of options at assist Out of the Blue to be able to continue operating in the Mountains.”

Since Council adopted the above resolution an article on the needs of Out of the Blue Performing Arts Inc appeared in the Blue Mountains Gazette. A number of performing arts and other groups who are regular hirers of council facilities then expressed concern that Out of the Blue will receive preferential treatment. Obviously transparency and equity in dealing with competing groups must be pursued at all times.

Meeting with Performing Arts Groups As indicated, the meeting with performing arts groups was held in the Council Chambers on Wednesday 6 March 2002. Thirty-three people including representatives from the community, councillors (3) and staff (3) attended this meeting. Mr. Colin Berryman, Senior Project Officer, Human Services & Education for WSROC, facilitated the meeting.

At the beginning of the meeting many participants expressed the expectation that the discussion was to centre on the Wentworth Falls School of Arts, or that it was at least inextricably linked with the Wentworth Falls School of Arts. Clarification was made and it was agreed that the purpose of the meeting was not exclusively about the Wentworth Falls School of Arts and was not to seek a solution for Out of the Blue, but rather identify the needs of performing arts groups in the mountains. Following discussion the following aims of the meeting became apparent:

§ To broaden the discussion from the narrow consideration of the use and access to the Wentworth Falls School of Arts to consider the potential for Council support, through provision of facilities, for Out of the Blue; § To record the range of views as to a permanent “base” for Out of the Blue, held by other performing arts groups; § To explore and document what level of support or opposition there exists with respect to the aspirations of Out of the Blue for Council support, by a range of performing arts groups, and other interested parties who may attend the meeting, and; § To provide the basis for advice to Council to assist in its consideration regarding the request from Out of the Blue Performing Arts Inc.

Range of Views Raised and Discussed While as indicated the initial expectation of most of the participants at the meeting was that use and access to the Wentworth Falls School of Arts was to be the focus of discussion, the meeting readily accepted broadening this to consideration of “in principle” Council support for Out of the Blue. This was facilitated by the Mr. David Hollywood of Out of the Blue Performing Arts Inc explaining both his difficulties in developing and staging performances and his vision for the development of performing arts in the mountains. He noted that he has a proposal which seeks to achieve this with his group playing the leading role.

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QUALITY LOCAL GOVERNMENT Item 4 - Ordinary Meeting, 2/4/02

Mr. Hollywood then described difficulties being experienced which were generally agreed to as being common to other performing arts groups. These difficulties were:

§ Access to a functioning theatre unimpeded by uses/users other than performing arts groups; § Rehearsal and set construction space; § Space, resources and facilities for training performers and performing arts workers; § Facilities for professional promotion and administration, and for training in these areas; § Space for storage of costumes, props, etc;

Mr. Hollywood stressed that to achieve its ends and overcome those difficulties Out of the Blue Performing Arts Inc. requires a designated space. Further, his vision for such a space was that it would enable the growth of a larger, professional and innovative performing arts community. He also highlighted that Out of the Blue had been cooperative and supportive of performing arts groups in the past and he saw his proposal as a means of supporting other groups in bringing this vision about, as well as to meet the needs of Out of the Blue.

While those at the meeting generally appreciated this vision, a number of potential problems were identified in establishing a designated performing arts space. These are:

§ ensuring access and collaboration, and avoiding control of the facility by one group. Experience from other local government areas was described, where “control” limited access to arts facilities; § implementing a management structure that could meet the aims of such a venue; § affordability of the venue for smaller performance groups; and § competition for the most desirable performance dates and “season” blocks.

Options In addressing the abovementioned problems, various options were suggested, being as follows:

Option A find other facility/building options to meet storage, set construction, administration, promotion and training needs. These uses do not require a theatre space; Option B develop a co-operative or partnership of performing arts groups to better use current facilities and enable better communication and planning of performances; Option C challenge current uses and user priorities for a number of Council facilities/venues and make one of them as a designated performing arts centre; Option D address policy in respect of consistency of access. Examples of other single use “community” facilities were raised (i.e. Glenbrook Cinema, Braemar Gallery and Mt Victoria cinema) seem to demonstrate an inconsistency in policy against single use of “community” facilities; Option E rather than relying on “consistent policy” and “equitable access” approaches, an “enterprising” approach could be considered that encouraged initiatives by interested groups for the management of relevant facilities, and; Option F improve management of access to facilities. The current processes of facility management were discussed and information provided by council officers.

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QUALITY LOCAL GOVERNMENT Item 4 - Ordinary Meeting, 2/4/02

Many of those at the meeting considered Option A to be unrealistic, as such facilities don’t exist or would be too expensive to maintain separate from a theatre.

Option B was generally agreed to be a good idea in any event, but initiating such a partnership would require a common motivation and focus amongst a range of performing arts groups, and probably need a lead agency to support the partnership. The issues articulated at the meeting could provide such a motivation, but not necessarily identify a coordinating or secretariat organisation. One could envisage that the designation of a performing arts centre and implementation of management structure could achieve this aim.

Pursuing Option C is not likely to achieve a positive result because of the responsibility of Council to maintain (most of) its halls as true “community” facilities, accessible to a range of users and managed by, or on behalf of, the local communities they are situated in. This point was clearly articulated by Councillors attended the meeting.

Option D focuses on the single-use of Council facilities such as the Glenbrook Cinema, Braemar Gallery and Mt Victoria Cinema. This could logically have only 2 outcomes. These are either to revoke their single use status and make them available to performing arts and presumably other uses, or designate another single use facility for the performing arts. The first was not even considered as no one apparently desired this outcome, and the latter is what is being envisioned in any case.

The idea for an enterprising approach under Option E was raised by a single individual and elicited no discussion from other participants.

Option F was discussed at length by participants acknowledging the difficulties associated with the current arrangements. These difficulties have been recognized and are being addressed by authorizing various management strategies in the Plans of Management. However, whatever management strategies are ultimately adopted may be a compromise that does not meet all parties’ concerns.

Overall Consensus of the Meeting While each of the above strategies were discussed in good faith by the participants, it was believed that the general consensus was that they did not present any realistic alternative to the need for a designated performing arts centre. The specific requirements of performing arts, as articulated by Mr. David Hollywood, could only be partially met if any or all these alternatives were developed.

A crucial point, and one that seemed to be accepted by all, was that facilities designated as “community”, however well managed, could not deliver unimpeded access to performing arts groups. Furthermore, the current impediments that are presented by shared use of facilities for such uses as gardening clubs, markets, visual arts exhibitions, etc., severely limit the development of the performing arts in the Mountains.

Therefore the overall consensus of the meeting was that Council should set aside one facility as a performing arts venue. This view was argued as justifiable by the precedents set by the cinemas and gallery single-use facilities, and the specifically cultural center (for visual arts gallery) to be built in Katoomba.

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QUALITY LOCAL GOVERNMENT Item 4 - Ordinary Meeting, 2/4/02

The Wentworth Falls School of the Arts was generally agreed by most of those present as the most appropriate building for such a centre, although there was some concerned by those also involved in the visual arts. While it was argued that it has already been refurbished as a performing arts theatre, it should be noted that only those involved in the performing arts had been invited to the meeting and the facility is used by a multitude of other groups.

The Wentworth Falls School of Arts Building is described in its Draft Plan of Management as a well loved community asset which has been used for a variety of community uses since its construction in 1915 and has undergone a number of renovations and refurbishments over the years. In 1995 the improvements to and renovation of the building were managed by a community based project team comprising representatives from the community, Council, Blue Mountains Arts Council, the visual arts and the performing arts. It is therefore difficult to justify the making of the Wentworth Falls School of Arts as an exclusive performing arts centre.

It was also acknowledged at the meeting that Council halls are designated for multi purposes and multi uses. Many non-profit community based organisations that are not performing arts groups require the use of these halls on a regular basis to be able to provide activities of interest and support to the general community, the needs of these organisations need also to be taken into consideration.

Four-Year Cultural Strategy Council at its meeting of 23 May 2000 adopted the Four Year Cultural Strategy 1999-2003 together with an action plan, an action of which requires to investigate the needs for and the viability of performing arts groups in 2002-2003.

It is considered that the recent meeting with the performing arts groups provided an opportunity to identify key issues that would assist in the investigation of the performing arts groups needs and in the development of strategies for performing arts venues in the mountains. The information gathered from the meeting with performing arts groups on 6 March 2002 is therefore considered relevant and useful for the investigations.

Conclusion Although the needs for Out Of the Blue to be able to establish a base and to be able to continue operating in the Blue Mountains have significant merits, Council just does not have the unrestricted funds necessary to provide it or the performing arts generally with an additional and sole purpose facility. Accordingly, it is considered necessary for Council to defer its consideration of Out of the Blue’s request until completion of the investigation of the needs of performing arts groups in the Blue Mountains, as required by Council’s adopted Four-Year Cultural Strategy.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 2/4/02

ITEM NO: 5

SUBJECT: TENDER - CLEANING SERVICES FOR PUBLIC HALLS (A&CS 10/2001)

FILE NO: C05558

Recommendations:

1. That Council accept the tender received from Skyway Executive Pty Ltd for the cleaning services to public halls as per tender A&CS 10/2001, pursuant to Clause 19(1)(a) of the Local Government (Tendering) Regulation, 1999.

2. That the common seal of Council be affixed to the contract documents

Report by Group Manager, Assets and Corporate Services:

This report deals with the calling of tenders for the cleaning services at the following public halls for a period of two years as a consequence of the recent expiry of the existing cleaning contracts.

· Blackheath Community Centre · Megalong Valley Community Hall · Katoomba/Leura Community Centre · Wentworth Falls School of Arts · Mid Mountains Community Centre/ Lawson Youth Centre · Faulconbridge Community Hall · Springwood Civic Centre · Warrimoo Community Hall · Blaxland Community Hall · Mt Wilson Community Hall (which is currently closed)

Background Over many years Council Cleaning contracts for public halls were renewed on an annual basis for individual halls. Some of these contracts were also allowed to run for consecutive years without being tested on the open market. However, although functional, this process was cumbersome and ad-hoc and would not comply with Council’s current purchasing guidelines.

Meetings were held between Council officers and members of Section 377 Hall Management Committees of the respective halls to identify all of the halls requirements and formulate new specifications and contract documentation. This process was very onerous, as it required new cleaning schedules to be devised, full inventories of halls to be obtained and definitions/frequency of cleaning to be reassessed.

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QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 2/4/02

Many issues were raised during the formulation of these specifications and these were subsequently incorporated into the tender documents. Some hall committees were also concerned that some of the local “sole trader” cleaning contractors would not be able to tender for these works mountain wide. Consequently the tender documents were modified to allow for contractors to tender on different grounds, such as:

· Cleaning services for individual hall(s) · Cleaning services for all halls within a area by area basis · Cleaning services for all areas combined (all halls)

Subsequently, tenders were invited from interested parties in the open market for the cleaning services at the nominated halls in accordance with the Local Government Act, 1993 and Council’s Tendering Guidelines.

Calling of Tenders The calling of Public Tenders for the cleaning services was widely advertised within the Blue Mountains Gazette and The Sydney Morning Herald in January to February 2002. An Occupational Health and Safety pre-tender meeting was also held on 5 February 2002 to answer questions from prospective tenderers and to inform them of their responsibilities relating to Councils Occupational Health and Safety policies and risk management guidelines. Eight prospective contractors attended that meeting.

The tender document clearly stated that Council would not be bound to accept the lowest or any tender. Submissions closed on 13 February 2002.

Tenders Received In response to the tender specifications, six submissions were received from the following tenderers:

· Abrocene Pty Ltd, Winmalee · Carma Corp Pty Ltd Penrith · LPK Cleaning Pty Ltd Croydon Park · Marie White Cleaning Katoomba · Skyway Executive Pty Ltd Bondi Junction · Whitestar Cleaning Services Blaxland

All submitted tenderers conformed, as they addressed all aspects of the tender specification. A full assessment was carried out on each individual submitted tender. The assessment was conducted in accordance with a weighted attribute and also based on value added services, skills and competencies of the tenderers.

Tender Assessment A Tender Assessment Panel comprised of Council’s Facilities Management Co-ordinator (West), Acting Community Facilities Co-ordinator, Facilities Management Officer, Executive Services Administration Officer and Section 377 Hall Committee Member (Warrimoo). The Panel assessed the tenders against criteria as set out in the tender documents, as follows: Page 15

QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 2/4/02

Assessment Criteria Weighting Price 20% Contractors Risk Management, Capabilities & Systems 40% Previous Related Work Experience 20% Contractors Response Time 20% Total 100%

The assessment of the tenders have been summarised below and can also be viewed on Council’s file.

Assessment of Skills, Experience and Capabilities The table below summaries the assessment of each tenderer’s skills, experience and capabilities. The scores in the table are equivalent to 80% of the total assessment.

Tenderers Assessment Skyway Executive Pty Ltd 13.8 Points White Cleaning Services 6.6 Points Abrocene Pty Ltd 8.2 Points WhiteStar Cleaning Services 7.4 Points Cama Corp Pty Ltd 13.3 Points LPK Cleaning Pty Ltd 10.3 Points The above Assessment Matrix deals with - Contractors Risk Management, Capabilities & Systems, Previous Related Work Experience and Contractors Response Times

Skyway Executive Pty Ltd submission received a weighted attribute total score of 14.0 points; whilst the Cama Corp Pty Ltd submission received a total score of 13.7 points for all halls nominated, inclusive of weighted attributes for price. The remaining contractors did not tender for all of the areas, but did tender on an area-by-area basis or for an individual hall. The following assessment matrices were correlated to clearly identify the best contractor for the contracts involved.

Assessment of Cost The following assessment matrix is based on price. This additional matrix via weighted attribute (equivalent to 20% of the total assessment) was required to enable a fair assessment to be made on all contractors due to the complex nature of the “Pick or Choose” options provided in the tender, i.e. one hall, area by area or all halls.

Assessment Tenderers Areas All Areas Areas Area 2 & 3 2, 3, 4 & 5 5 Skyway Executive Pty Ltd .4 .2 .2 .6 White Cleaning Services .6 .0 .0 .0 Abrocene Pty Ltd .0 .0 .0 .2 WhiteStar Cleaning Services .0 .0 .0 .4 * Cama Corp Pty Ltd .2 .4 .4 .8 LPK Cleaning Pty Ltd .8 .0 .6 1.0 Where a zero rating “0” has been inserted, this indicates that the contractor did not tender for this area. It should also be noted that Whitestar Cleaning Service only tendered for one hall in area 5. However, the tender price submitted was exceptionally higher than some of the prices submitted by the other contractors for the total of the two halls in area 5.

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QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 2/4/02

Total Assessment The final matrix is a combined weighted attribute, incorporating all tendering criteria. The scores contained in the cost assessment are added to the scores contained in the matrix assessing tenderers’ skills, experience and capabilities to ascertain the preferred contractor.

Assessment Tenderers Areas All Areas Areas Area 5 2 & 3 2, 3, 4 & 5 Skyway Executive Pty Ltd 14.2 14.0 14.0 14.4 White Cleaning Services 7.2 ------Abrocene Pty Ltd ------8.4 WhiteStar Cleaning Services ------7.8 Cama Corp Pty Ltd 13.5 13.7 13.7 14.1 LPK Cleaning Pty Ltd 11.1 --- 10.9 11.3 Assessment Matrix for all Criteria Combined

Skyway Executive Pty Ltd is obviously the most competitive tenderer who has demonstrated a strong capacity to add value to the cleaning services for Council’s halls. The preferred contractor has supervisors and cleaning staff who reside and currently work on other contracts in the Blue Mountains. These officers will undertake the cleaning services and supervise/monitoring of this contract for the duration of the nominated contract period.

Cama Corp Pty Ltd was a close contender to Skyway Executive Pty Ltd. This company also has staff and supervisors that reside in the Blue Mountains. This company is currently working with Council. It should be noted that only Skyway Executive and Cama Corp Companies were the only two companies to tender for all areas within the Mountain. These two companies would only be willing to undertake area 1 if they secured the other areas within the Mountain.

Conclusion Having regard to the above assessment of the tenders received, it is recommended that Council accept the tender received from Skyway Executive Pty Ltd and award the cleaning services contract to the Skyway Executive Pty Ltd for a term of two years.

The current budget funding for the nominated hall cleaning services would have a shortfall of around $17,000 per annum. However, it is expected that this additional cost in the first year could be absorbed into the overall individual hall operational budgets.

Statement by Tender Review Committee Council’s Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 2/4/02

ITEM NO: 6

SUBJECT: SCHEDULE OF INVESTED MONIES

FILE NO: C00694

Recommendation:

That the Schedule of Invested Monies as at 28 February 2002 be received.

Report by Group Manager, Assets & Corporate Services:

This report is submitted for the purposes of financial accountability and in satisfaction of the Financial Regulations under the Local Government Act, 1993. The Schedule of Council’s Invested Monies as at 28 February 2002 is attached for information.

Due to continuing lower interest rates Council is undertaking a comprehensive review of the anticipated income from interest on investments. This review includes consideration of Council's cash flow for the remainder of the financial year. Upon completion of this review an adjustment will be processed with the March Budget Review.

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QUALITY LOCAL GOVERNMENT Item 6 - Ordinary Meeting, 2/4/02

Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 28th February, 2002

Return Return Current Investment Institution and Fund for Year to Fixed Value Month Date Rate Commonwealth Bank of Australia * 4.14% 4.14% $4,889,564 Commonwealth Bank of Australia – Cash 4.39% 5.00% $1,646,521 Plus National Australia Bank – Offset * 4.82% 4.82% $3,669,409 National Australia Bank - Call a/c N/a N/a Variable $3,900,000 Macquarie Bank – Diversified Treasury 5.34% 5.24% $2,143,661 Deutsche Bank – Cash Plus Fund 5.62% 5.17% $2,070,962 Illawarra Mutual Building Society – Term 4.69% Variable $1,000,000 ** Treasury Corporation 4.33% 5.02% $2,009,574 Total $21,329,691 UBSWA Bank Bill Index 4.39% 4.72%

* These investments are in a loan offset facility with a 0.15% p.a. differential. This equates to a net debt service cost of $1,500 per $1 million placed in this facility, or a total of $13,500 p.a. based on the current level of funds invested. ** Interest paid quarterly

Interest Income to date - Budget vs Actual

Financial Year to Date Budgeted Return $642,432 Council’s Actual Return $563,630

I certify and report that the Schedule of Invested Monies listed above describes all Council’s funds invested by virtue of Section 625 of the Local Government Act, 1993. The monies referred to in this Schedule are invested in accordance with the Act, Regulation 19(3) to the Act and Council Policy.

Paul Bennett Responsible Accounting Officer

Page 19

PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 2/4/02

ITEM NO: 7

SUBJECT: DRAFT STRATEGY FOR MANAGEMENT OF BMX DIRT JUMP TRAIL CONSTRUCTION IN NATURAL AREAS

FILE NO: H01068

Recommendations:

1. That Council exhibit the draft Dirt Jump Trails Strategy Implementation Report for public comment for a minimum period of one month.

2. That the Department of Land and Water Conservation be formally requested to comment upon the proposals as they affect the management of Crown land.

Report by Group Manager, BM City Services:

PURPOSE

This report provides an overview of the recommendations contained in the draft Dirt Jump Trails Strategy Implementation Report and recommends that the report be exhibited for public comment. The Implementation Report has been prepared in accordance with the Dirt Jump Strategy adopted by Council in February 2001. Council determined at that time to investigate the suitability of the existing but unauthorised sites with a view to determining the level of service which will be offered to dirt bike users and those sites that would be recommended in the first instance for retention and management.

The Implementation Report recommends that the target service level be one facility per each of the 5 Planning Areas. It identifies sites suitable for retention, at least in the medium term future, for all Planning Areas other than Area 4, although it is proposed that the current Area 4 site be retained until replaced.

One facility per area is proposed on the basis that riders will be responsible for construction of trails within sites provided by Council and that all use of the sites will be managed within a club framework to ensure that insurance and agreed site management are undertaken by the users. It is recommended that the allocation of these facilities be contingent upon the riders achieving a workable club association and that the success of the approach be monitored.

No budget has been allowed within the forward capital works program and funding will have to be considered before any significant rehabilitation or site development work could occur. The preparation of detailed proposals and costing will follow the Council resolution regarding the level and nature of the facilities to be provided.

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PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Discussions and negotiations aimed at resolving the community conflict that arose in relation to the dirt jump trail previously located in the Reading Reserve off West Street, Glenbrook, have proceeded concurrent to finalisation of this report. A meeting has been held with riders in this area in accordance with the Council resolution and a further meeting is being organised with residents in this locality shortly after Easter as part of the consultation to develop the implementation of the strategy.

Systematic efforts have been made to engage the riders in the first stage of this strategy, identifying their needs and the suitability of potential sites as determined by the application of environmental, residential amenity and recreational amenity criteria.

Systematic consultation with residents and the Bushcare Groups will occur as part of the exhibition. Otherwise, residents and bushcare groups have been involved to date in an ad hoc manner as part of dialogue associated with the evaluation of existing sites.

The draft recommendations will be reconsidered in the light of submissions and reported back to Council for determination of the way forward.

THE DRAFT RECOMMENDATIONS

The draft “Dirt Jump Trails Strategy Implementation Report” and the “Supporting Document” are provided as separate enclosures to Councillors and will form the basis of the public exhibition.

The results of the multidisciplinary assessment of potential sites according to residential, environmental and recreation suitability criteria, are presented for each major existing site in the ‘Supporting Document’.

Consistent with the Council resolution of 27 February 2001, the recommended approach has been developed to address sites where there is a significant level of disturbance to the reserve.

There are at least 30 known sites that have been used as dirt jump sites. Of these, 10 met the criteria to be dealt with as major sites. At this stage all minor sites on public land are to be closed if required.

The table on the next page summarises the recommendation in relation to each known site.

The recommendations of the draft Strategy are that:

1. The Council give In-Principle support to the provision of one authorised dirt jump trail in each of the 5 Planning Areas. The final outcome will be dependent upon the risk management, financial components and statutory requirements being satisfied.

2. That subject to the consideration of issues arising in the course of ongoing consultation and the outcomes of the public exhibition the following recommendations are made with respect to some key sites: Page 21

PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Area 1 · The existing Hat Hill Rd site on the former Blackheath Aerodrome and the Oaklands Rd site in Horseshoe Falls Reserve, Hazelbrook are proposed to be retained, and site management measures implemented to mitigate impacts.

Area 2 · The existing Pitt Park site at Wentworth Falls be relocated a short distance within the same reserve to alleviate adverse environmental impacts on the archaeological site. This recommendation will be subject to further consideration as part of the preparation of the Community Lands Plan of Management for this reserve.

Area 3 · Hazelbrook dirt jump bike trail in Oaklands Road is recommended for retention but will require some upgrade to reduce impacts on residents and the environment and to improve amenity for the riders.

Area 4 · The existing trail on the Ellison Rd site in Ellison Reserve, Winmalee be relocated and the Ellison Rd site rehabilitated. A survey of alternative sites is required for Area 4.

Area 5 · The West St site in Reading Street Reserve, Glenbrook that was unofficially levelled by residents during preparation of this strategy remain closed and an alternative site be designated. The existing Olivet St site in Knapsack Reserve, Glenbrook be retained as an interim measure ahead of the development of a longer term management plan for this significant reserve which is exhibiting considerable degradation from conflicting uses. It is possible that this site could be developed as an authorised site over the long-term however less costly alternatives are possible, including closer to Knapsack Park. An area of Reading Street Reserve adjoining Glenbrook swimming pool is also a possibility.

All other unauthorised sites in inappropriate locations will be closed and rehabilitated.

A full description of the existing sites and the recommendations for action is contained in the Table at Attachment 1.

3. Unauthorised new construction in non-designated areas will be closed and rehabilitated, and the strategy communicated to the users and adjoining residents.

4. Users establish and manage a riders association to ensure that insurance cover is available to all participants and that sites are managed by users to maximise safety and to meet local and rider amenity. Established clubs have indicated a willingness to extend membership services to the users of the dirt jump sites. Council can act as a facilitator for these discussions which should be led by the user representatives. Page 22

PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

5. The co-location of sites with established recreation facilities is the strongly recommended as the solution for permanent sites. This approach makes the provision of onsite amenities viable, the use is compatible with other users and provides good accessibility and safety for site users.

Sites located away from established recreation facilities will generally cost hundreds of thousands of dollars to provide essential facilities,( water and sewer extension, toilet blocks being the major establishment costs). Sites co-located with existing recreation facilities will have establishment costs of the order of tens of thousands of dollars. Recurrent costs are also relatively low for co-located sites, being principally directed at erosion/sediment control, fencing/signs repair, and administrative support for the facility.

6. That the areas to be retained as dirt jump tracks be designated as “Sportsgrounds” for the purpose of managing community land. Council is required to manage “Natural Area” categories in a manner compatible with the natural values as set out in the Local Government Act 1993. The dirt jump tracks are intensive recreation facilities and are not compatible with management of reserves within which they are located under the categorisation of “Natural Area”.

7. That the establishment of additional facilities in each Planning Area only be supported on the basis of the full lease and management of the site to an incorporated user group. This model is employed by Baulkham Hills and Hawkesbury Councils and it would present considerable advantages as the basis for the long term provision of formal dirt jump facilities within the Mountains. Leasing of sites and the incorporation of groups is however a protracted matter and cannot offer an immediate short term solution.

COMMENT

Dealing with BMX dirt jump trail sites is inherently complex. The trails are not legal: they are all unauthorised constructions. Most are on land that Council manages on behalf of the State Government and are incompatible with the use of a reserve under the Crown Lands Act. They are generally prohibited under the land use zonings for reserves zoned under LEP 1991. Quite a few are opposed by residents due to their environmental and social impact. There are significant risk management and liability issues for Council.

However, dirt jump riding is a sport through which riders derive a great sense of personal accomplishment and enjoyment, and the Council has determined that the demand for suitable sites needs to be addressed.

The Site Assessments

All significant sites were assessed for the Strategy in terms of risk management, recreational and residential amenity, and environmental impact, as well as being rated by riders in terms of trail features and site potential. The details of these assessments are shown in the Strategy’s supporting document. Only one current site scored well. Page 23

PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Recreational amenity: The closer a site is linked to existing sporting facilities, the better it will score in terms of recreational amenity.

Residential amenity: The further it is from houses, the better it scores on residential amenity.

Risk Management: Safe separation from roads and the less on-site obstacles or dangers, the better the risk management score.

Environmental Impact: The more suitable the zoning of the site, the further it is from watercourses or significant vegetation, the better the environmental impact rating.

Rider Consultation

Providing riders with the opportunity to get involved and have their say in the strategy was an important consideration. A flyer inviting riders to become involved in the development of the strategy was distributed at dirt jump sites across the mountains, through the Youth Centres, Neighbourhood Centres, local bike shop and ‘Summit Gear’ in Katoomba. Approximately 60 flyers were distributed and 20 riders spoken to face to face on tours of sites in an attempt to contact riders.

The Council response to a petition from the Oaklands Rd site (30 names) also invited riders to contact Council if they wanted to be further involved in the process. None responded.

A meeting was conducted in August 2001 with the 10 riders that responded to the flyer. The outcome of the meeting was that the riders would conduct an assessment of sites to add to site assessments conducted by Council. A second meeting was held in February 2002 to report back to the rider group the results from site assessments and to present them with an overview of the draft strategy.

Two meetings were also held with approximately 35 riders and several Councillors at Glenbrook, in response to the riders concern at destruction of their trail in Reading St Reserve. These meetings were positive, with riders encouraged to participate in the development of the strategy and the development of an alternative site at for Area 5. The current site at Knapsack Reserve has been impacted by bushfire and removal of dangerous trees (estimated cost $1,500 to $2,000) has been commissioned in order to render access to the site safe.

Whilst the rider response has been relatively low, it is not considered that this reflects a lack on interest in the sport. It is considered to be more likely a reflection of the unstructured nature of the sport, and with some users feeling alienated from the decision-makers. Talks with user representatives have provided a basis to strengthen user input through this next phase of the strategy and the project team will continue to encourage rider participation.

Resident Consultation

Resident consultation was undertaken in an ad hoc manner throughout the development of the strategy as part of the site assessment process. Systematic consultation with residents will proceed during the public exhibition period. Page 24

PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Risk Management

There are very significant risk management issues for Council both in permitting usage of unauthorised sites to continue and in supporting official sites. The sport is inherently dangerous and a number of accidents have reputedly already occurred at unauthorised sites.

Council is not in a position to resource the ongoing maintenance and supervision of sites to the level that would otherwise be desirable for such a risky sport. It is considered to be reasonable that Council support the users and the sport by providing sites and establishment, but look to an incorporated group or another organisation manages the sites.

CONCLUSION It is recommended that Council exhibit the draft BMX Dirt Jump Trails Strategy Implementation Report for public comment.

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PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Attachment 1

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PROTECTION OF THE NATURAL ENVIRONMENT Item 7 - Ordinary Meeting, 2/4/02

Attachment 2

Distribution of Major Dirt Jump Sites

Page 27

PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 2/4/02

ITEM NO: 8

SUBJECT: INSTALLATION OF GATES AND FENCING AT NORTH LAWSON PARK

FILE NO: H00670

Recommendations:

1. That Council proceed with the installation of barriers to exclude unauthorised vehicles from North Lawson Park in a manner compatible with the terms of the ‘Easement for Railway Purposes’ and staged in accordance with available funding.

2. That adjoining residents be advised that arrangements to deny access to unauthorised vehicles will proceed but that pedestrian access will continue to be available to the private properties across the reserve.

Background

In November 2001, Council endorsed the proposals to fence and gate North Lawson Park subject to the notification of adjoining residents and the resolution of any substantive issues raised by the residents regarding the propose to deny access to vehicles for private purposes.

Council had also sought rehabilitation of the major area of hanging swamp within the Park that had been degraded by vehicles.

Consultation

Two objections were received from residents who own lots which share a side boundary with the reserve.

The grounds for the objections are as follows: q Access from the reserve onto the land is required and was previously agreed in verbal discussions with Council, one in 1979 and one in 1994. q In the case of one property (“Property 1”), access is required to one of the properties for elderly and disabled relatives who are unable to negotiate the stairs at the front of the house and access around the side of the house to the rear is impractical. In addition, the only way for vehicles to access a shed erected at the rear of this property is via a cleared track from the easement. q In the case of the other property, ( “Property 2”), access across the reserve is required because the rear yard is used to store large items and construction materials used by the residents in their business. There is no other way of accessing the rear of the property in order to store and retrieve these materials. The owners maintain that the purchase and development of this land was dependent upon this side access. The objectors state that Council advised that the existence of an easement for railway purposes along the boundary within the park would guarantee continued access to their lot. Page 28

PROTECTION OF THE NATURAL ENVIRONMENT Item 8 - Ordinary Meeting, 2/4/02

q Denial of vehicular access to this reserve by the general public is unnecessary or unfair because trail bikes are not a problem and only a small minority of people are causing the problem. q Fencing of the environmentally sensitive areas would be a preferable solution. q One of the objectors indicates that the provision of a key to enable them to access the shed as needed would be an acceptable solution.

Comment

The dwellings have been erected on both lots such that vehicular access cannot be gained to the storage areas at the rear of the lot.

No documentary evidence has been submitted to date to support the claims that the land owners were advised by Council that access over the easement/reserve was available.

The terms of the approval for the shed on Property 1 appear to be inconsistent with the objectors advice as the approval specifies that the approved structure, which has a configuration which suggests a garage, is not for use as a garage or for the parking of vehicles.

In these circumstances it is recommended that Council proceed with the arrangements to gate the reserve. Pedestrian access is not proposed to be denied across the reserve and this will provide solutions to some of the access problems encountered by these residents.

Other issues

Investigations of the terms of the easement for railway purposes and its relationship to the road reserve, suggest that the gate off the end of San Jose Ave should be placed on the northern side of the easement. This will allow informal car-parking to continue off-road in the easement until such time as funding and plan details have been developed. Fencing and gating will then be erected to prevent unauthorised access along the easement in accordance with the detailed of the terms of the easement.

This may have the effect of slightly increasing the fencing costs and will almost certainly see the gates and fencing erected in stages consistent with funding availability. Four gates and related fencing will proceed in the first instance.

Council has funded the restoration of the hanging swamp at a cost of $7,000 and members of the community worked alongside Council staff to achieve good progress in the stabilisation and replanting of this area. Signs will advise of the importance of looking after this area and access in the immediate vicinity of this site will be restricted to protect the restored area.

Page 29

LAND USE MANAGEMENT Ordinary Meeting, 2/4/02

ITEM NO: 9

SUBJECT: DRAFT LOCAL ENVIRONMENTAL PLAN NO. 144 TO REZONE LOT 3 DP 705910, LOTS 12 AND 13 DP 236340, LOT 4 DP 656607, AND LOTS 51 AND 52 DP 827236, NOS. 3-7 GOLDSMITH PLACE, KATOOMBA FROM GENERAL INDUSTRIAL 4(A) TO GENERAL BUSINESS 3(A) PURSUANT TO LOCAL ENVIRONMENTAL PLAN NO. 4

FILE NO: X01/0629

Recommendation:

That Draft Local Environmental Plan No. 144, included as Attachment 1 to this Report, together with all accompanying documentation required pursuant to Section 69 of the Environmental Planning and Assessment Act, 1979, be submitted to the Minister for Planning, requesting that the Plan be made.

Report by Acting Group Manager, Health and Development:

Reason for report Council at its Meeting on 18 September 2001 resolved to publicly exhibit draft Local Environmental Plan 144 for comment. The draft Plan has now been publicly exhibited in accordance with Section 62 of the Environmental Planning and Assessment Act, 1979, and is now referred to Council for further consideration.

Applicant/Owner Mr J Jobson and Ms B E Jobson and Mrs J M Young, C/- 4 Eldon Lane Beecroft.

Application lodged 22 May 2001.

Zoning Local Environmental Plan No. 4 - General Industrial 4(a).

Site Lot 3, DP 705910, Lot 52, DP 827236 (right of way), Lot 12 and Lot 13, DP 236340 (known as Nos. 3–5 Goldsmith Place), and Lot 4, DP 656607 and Lot 51, DP 827236 (right of way), (known as No. 7 Goldsmith Place) Katoomba. Page 30

LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

1111 1111 WINNIFRED 1111 1717 17A17A 17A17A WHITTON 77 STATION 2222 LN14-1614-16 202202 55 1212 77 2020 1111 77 1010 196196 33 99 194194 WESTERN 1818 99 88 194194 190190 1212 190190 55 44 55 10-1410-14 182182 1212 1212 44 10-1410-14 ST 55 1A1A 1212 10-1410-14 182182 1212 22 10-1410-14 170-180170-180 ST 4-244-24 88 11 Subject site 2-62-6 4-244-24 5-75-7 162162 RD 4-244-24 150150 5-115-11 CIVIC 5-115-11 13-15 23-2723-27 144144 5-115-11 144144 3-53-5 44 11 GOLD 3A3A 29-3129-31 136136 3-53-5 4-244-24 PL 4-244-24 KATOA 77 SMITH 77 29-3129-31 136136 1A1A 11 277277 277277 MYRA 3333 5-155-15 ST 3333 5-155-15 248248 3-113-11 PL 248248 5-155-15 246246 1717 2-42-4 23-2523-25 128128 2A2A ST 66 23-2523-25 2A2A 88 1010 88 3535 118118 25A-2725A-27 118118 GANG GANG ST 3939 2-42-4 25A-2725A-27 9898 7-97-9 2-42-4 4343 25A-2725A-27 9696 8484 7272 66 7-97-9 1717 ST 1717 88 ST 88 25A-2725A-27 ST 8-328-32 4747 8-328-32 1717 1717 1212 4747 ST 1717 25A-2725A-27 15-4715-47 WILLIAM 33 1717 33 11 5151 3838 55 25A-2725A-27 ST 25A-2725A-27 Description of site and locality

The site is currently occupied by a former hardware store and associated outbuildings (Nos. 3–5 Goldsmith Place), and by a furniture restoration workshop (No. 7 Goldsmith Place). Both developments front Goldsmith Place with the furniture workshop also having access off Myra Place.

The existing buildings and outbuildings on the site are generally in poor condition both functionally and aesthetically.

No vegetation of any note exists on the land.

Background and Proposal

The combined Rezoning and Development Application was received by Council on 22 May 2001 seeking to rezone and redevelop the property at Nos. 3-7 Goldsmith Place, Katoomba, for the purpose of a mixed commercial/residential building.

The application evolved following a number of discussions between the owners of the land, their representatives and Council officers, commencing in May 2000.

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LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

The development proposal, should the land be rezoned, will involve the removal of all existing structures and associated development on the site, and the subsequent construction of a four (4) storey building incorporating:

· A 103 room Hotel providing motel style accommodation and associated facilities; · A Bowling Alley (12 lanes); · Two (2) Restaurants; · A Gymnasium; · A Crèche; and · An eight-one (81) space basement car park.

Plans showing the proposed development are included as Attachment 2. It should be noted however that the rezoning, if supported, would not limit the redevelopment to the one illustrated in the plans.

The subject land is presently zoned General Industrial 4(a) under LEP 4 and the majority of the proposed activities are currently prohibited in the zone. The Rezoning Application has been submitted to rezone the land from its current 4(a) zone to one that would enable the development to proceed.

At its Meeting held 18 September 2001, Council considered a Report by the Group Manager, Health and Development relating to the proposed rezoning and resolved as follows:

“1. That pursuant to Section 54 of the Environmental Planning and Assessment Act, 1979 (as amended) Council prepare and publicly exhibit draft Local Environmental Plan No. 144, as detailed in Attachment 1, to amend Local Environmental Plan No. 4 as follows:

a) Rezone Lot 3 DP 705910, Lots 12 and 13 DP 236340, Lot 4 DP 656607, Lots 51 and 52 DP 827236, Nos. 3-7 Goldsmith Place, Katoomba, from General Industrial 4(a) to General Business 3(a).

b) Insert a Clause at the end of Schedule 7 that prohibits the following land uses from being carried out on Lot 3 DP 705910, Lots 12 and 13 DP 236340, Lot 4 DP 656607, and Lots 51 and 52 DP 827236, Nos. 3- 7 Goldsmith Place, Katoomba:

Bulk Store, Drive In Take-Away Food Shop, Motor Showroom, Service Station, Warehouse, Proprietory Food Outle, District Supermarket.

2. That the Director of Urban Affairs and Planning be advised that in Council’s opinion a Local Environmental Study is not required to be carried out in accordance with Section 57 of the Act.”

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LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

Following the resolution of 18 September 2001, the then Department of Urban Affairs and Planning (now Planning NSW) were advised of Council’s decision and provided with the required information in accordance with the provisions of Section 54 of the Environmental Planning and Assessment Act 1979 and Clause 9 of the Environmental Planning and Assessment Regulation 2000.

In accordance with Section 62 of the Act the following public authorities were consulted during preparation of the draft Plan:

§ Department of Land and Water Conservation; § Sydney Water Corporation; § Integral Energy; § Roads and Traffic Authority; § Telstra; § Sydney Regional Development Authority; § Environment Protection Authority; § State Rail Authority; § NSW Fire Brigades; § Sydney Catchment Authority; and § NSW Police Service.

Council subsequently received the following comments for consideration in preparing the draft Plan:

§ Roads and Traffic Authority—No objections subject to a Clause being included in the draft Local Environmental Plan requiring vehicular access off Goldsmith Place and not the Great Western Highway.

§ Department of Land and Water Conservation—No objections to draft Local Environmental Plan.

§ State Rail Authority—No objections to the draft Local Environmental Plan subject to Council giving careful consideration to rail related noise, vibration, drainage, screening and geotechnical aspects prior to approval of any future development.

§ Sydney Water—No objection in principal to the rezoning.

§ NSW Police Service—Matter being reviewed, no submission received at this stage. A submission was subsequently made during the exhibition process and is discussed in the following section of the Report.

§ Sydney Catchment Authority—No objections.

§ Environment Protection Authority—No objections to the draft Local Environmental Plan subject to noise emission and acoustics being addressed with any future development.

Page 33

LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

With the exception of the Road and Traffic Authority’s comments requesting that access to and from the site be restricted to Goldsmith Place, the remaining comments received and the issues raised generally form matters that would be taken into consideration in the assessment of a Development Application for the site. This would be undertaken upon gazettal of the Local Environmental Plan.

The issue of restricting access to and from the site to Goldsmith Place has been incorporated into the draft Plan as requested by RTA.

Notification

The Section 65 Certificate authorising the exhibition of the draft Local Environmental Plan was issued by Council’s General Manager on 13 November 2001.

The draft Plan was placed on public exhibition in accordance with Section 66 of the Environmental Planning and Assessment Act 1979 for a period of thirty (30) days from 28 November 2001 to 28 December 2001.

The exhibition process included an advertisement being placed in the Blue Mountains Gazette as well as written notification to adjoining and nearby property owners, including those properties in Bathurst Road between Cascade and Katoomba Streets.

No community submissions were received.

Notification was also forwarded to the public authorities previously consulted.

At the conclusion of the public exhibition process, Council had received two (2) written submissions from public authorities, being the NSW Police Service and the Sydney Catchment Authority.

The issues raised in the submissions can be summarised as follows:

§ Sydney Catchment Authority—Advise that the property is outside the operational area of the Sydney Catchment Authority. As such, the Authority has no comments to make on the draft Local Environmental Plan.

§ NSW Police Service—No objections are raised to the proposed to rezoning of the land however there are a number of concerns relating to the proposed future land uses on the site that require submission of additional information. The NSW Police Service has been advised that the issues raised will be taken into account in the assessment of any Development Applications for the site, including that accompanying the Rezoning Application.

The previous comments received from the various public authorities as part of the Section 62 consultation process have also been considered.

Page 34

LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

Following a review of the proposed re-zoning, it is considered that Item 1(b) of Council’s resolution of 18 September 2001 relating to the insertion of an additional clause at the end of Schedule 7 prohibiting certain land uses on the site was unnecessary. In this regard, the draft Plan, as adopted by Council at that Meeting and as shown in Attachment 1 to this Report, already incorporates a Clause prohibiting those land uses on the site. This matter has been discussed with Council’s Legal Advisers who concurs with this position. A number of minor formatting changes have also been made to the exhibited Instrument however these do not affect the substance of the Plan.

Conclusion

The draft Local Environmental Plan (Attachment 1) proposes the rezoning of the subject land from General Industrial 4(a) to General Business 3(a) under Local Environmental Plan No. 4. It also seeks to prohibit certain land uses, ordinarily permissible in a Business General 3(a) zone, that are considered to be unsuitable for the site and its location as outlined in the Report to Council on 18 September 2001.

It is considered that future development carried out in accordance with the draft Plan will be suitable for the location, and will contribute positively to the Katoomba Town Entry and Great Western Highway streetscape generally. Adoption of the draft Plan is therefore supported and it is recommended that it be submitted to the Minister for Planning pursuant to Section 69 of the Environmental Planning and Assessment Act, 1979, requesting that the Plan be made.

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LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

Attachment 1

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

DRAFT BLUE MOUNTAINS LOCAL ENVIRONMENT PLAN NO. 144

I, the Minister for Planning, make the following Local Environmental Plan under the Environmental Planning and Assessment Act 1979

Minister for Planning Sydney, 2002

1. Name of plan

This plan is Blue Mountains Local Environmental Plan No 144.

2. The aims of this plan are to:

a. Rezone the land to which this plan applies from General Industrial 4(a) to General Business 3(a) to permit appropriate land use opportunities. b. To promote urban forms of the highest design quality and incorporate strong “gateway” and “town entry” urban design elements. c. To encourage a mix of land uses that support and contribute to the role of the Katoomba village. d. To promote the efficient operation of the precinct as a transport interchange. e. To minimise conflicts between pedestrians and vehicles. f. To promote pedestrian linkages to the Yeaman Bridge and through the railway underpass. g. To maintain important views to the town centre of Katoomba.

3. Land to which plan applies

This plan applies to Lot 3, DP 705910, Lots 12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage to Goldsmith Place, Myra Place and the Great Western Highway, Katoomba, as shown edged heavy black on the map marked ‘Blue Mountains Local Environmental Plan No 144’ deposited in the office of the Council of the City of Blue Mountains.

4. Relationship to other environmental planning instruments.

This plan amends Blue Mountains Local Environmental Plan No 4 as set out in Clause 5. Page 36

LAND USE MANAGEMENT Item 9 - Ordinary Meeting, 2/4/02

Attachment 1

5. Amendment of City of Blue Mountains Local Environmental Plan No 4

a. Blue Mountains Local Environmental Plan No 4 is amended by inserting at the end of the definition of ‘the map’ in 6(1) the following words:

Blue Mountains Local Environmental Plan No 144.

b. By inserting after Clause 69 the following matter

69A Development of certain land at Katoomba

(1) This Clause applies to land comprising Lot 3, DP 705910, Lots 12 and 13, DP 236340, Lot 4, DP 656607 and Lots 51 and 52, DP 827236 having frontage to Goldsmith Place, Myra Place and the Great Western Highway, Katoomba, as shown edged heavy black on the map.

(2) Notwithstanding the provisions of Clause 9 of Blue Mountains Local Environmental Plan No 4 and the Table thereto, development for the following purposes is prohibited on land to which this clause applies:

Bulk Store; District Supermarket; Drive In Take–Away Food Shop; Motor Showroom; Service Station; Warehouse; Proprietary Food Outlet.

(3) Council shall not grant consent to development within or on land to which this plan applies unless the development proposed to be carried out:

(a) complies, to the satisfaction of the consent authority, with the precinct objectives in achieving the precinct vision statement as identified in sub clause (5), and (b) complies with the building envelope as identified in sub clause (6), and (c) is consistent, to Councils satisfaction, with the design considerations as identified in sub clause (7).

(4) Desired future character statement:

(a) Precinct vision statement. Located adjacent to the primary road and rail corridors, this precinct experiences substantial redevelopment of sites and operates as both a ‘gateway’ and transport interchange for the Katoomba Village. New development supports this gateway role by presenting urban design of the highest quality that contributes to a positive first experience of Katoomba. This, together with a mix of land uses that support the role of the town centre, entices passing traffic to enter the town. Trading over extended hours, development provides passive surveillance and improved public safety and amenity.

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Attachment 1

The precincts interchange role is supported by providing additional car parking opportunities, coach parking and convenient pedestrian access to the town centre. Whilst offering high levels of accessibility to both pedestrian and vehicles, potential conflicts between the two are minimised.

(b) Precinct objectives.

i) To promote urban forms of the highest design quality and incorporate strong ‘gateway’ and ‘town entry’ urban design elements. ii) To encourage a mix of land uses that support and contribute to the role of the Katoomba village. iii) To promote the economic viability of the Katoomba village. iv) To minimise conflicts between pedestrians and vehicles. v) To promote pedestrian linkages to Yeaman’s Bridge and through the railway underpass. vi) To maintain important views to the town centre of Katoomba.

(5) Building envelope:

(a) Building height.

i) No point of any building shall exceed a height of twelve (12) metres above natural ground level other than development within fifteen (15) metres of the Great Western Highway boundary which may have a height the greater of twelve (12) metres above natural ground level or eight (8) metres above the level of the adjacent Great Western Highway footpath. ii) Notwithstanding (i) above, the Council may consent to a building having a height of up to ten (10) metres above footpath level at the corner of the Great Western Highway and the Yeaman Bridge intersection where the building element, which may include floor space, is designed to form a ‘gateway/ entry’ to the Katoomba Town Centre. iii) The height restrictions referred to in (i) and (ii) above do not apply to architectural features incorporated into the building design. Page 38

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Attachment 1

(b) Development density.

i) The maximum floor space ratio for development is 1.5:1. ii) Notwithstanding sub clause (i) above, additional floor space allowances, to a combined maximum of 2:1, will be considered for development that provides, where the site adjoins the Yeaman Bridge, a public pedestrian access between Goldsmith Place and the Bridge, and incorporates any one or more of the following to the satisfaction of the consent authority: A) Significantly enhanced public domain, B) Significantly enhanced pedestrian amenity, C) Public places and plazas.

(6) Design considerations:

(a) Active street frontages.

i) Visible and interactive uses distributed regularly along a minimum of 65 per cent of its frontage to Goldsmith Place. ii) Development adjoining the eastern boundary shall provide for passive surveillance of Myra Place.

(b) Built form and finishes.

i) Long elevations shall present varied heights and forms. ii) Visible walls shall not be left blank, unadorned or unarticulated. iii) Roof forms shall conceal mechanical plant and equipment and present well when viewed from adjacent development. iv) Gateway or entry statements at the corner and frontage of the Great Western Highway and the Yeaman Bridge. v) All parking areas and delivery docks shall be concealed from public view.

(c) Pedestrian amenity and safety.

i) Where development fronts or adjoins both the Yeaman Bridge and Goldsmith Place, public pedestrian access shall be provided between the two areas. ii) Awnings or colonnades shall be provided to the entire length of public footpaths and pedestrian areas along the Goldsmith Place frontage. iii) Pathways that minimise conflicts between vehicles and pedestrians. iv) Clear sight lines along pedestrian areas. v) Appropriate levels of lighting to all pedestrian areas. All light fittings will have a form and character that is consistent with that of the building. Page 39

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Attachment 1

(d) Vehicular access.

Vehicular access to the development shall not be provided to or from the Great Western Highway or the Yeaman Bridge.

(7) For the purpose of this Clause:

Active Street Frontage means the creation of interactive spaces between the building frontage and adjacent footpaths, road reserves or other public spaces that: (a) provide interesting stimuli and activity for pedestrians to observe, thereby enhancing their experience of the village or town centre; and/or (b) enhance pedestrian safety and amenity through the provision of casual surveillance afforded by occupants.

District Supermarket means a building or place used for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise or material, with a gross floor area in excess of 1500m2.

Drive-in Take-Away Food Shop means a building or place used for the purpose of selling prepared food to the public for consumption off the premises and which provides a service to customers while they remain within a motor vehicle, but does not include a building or place elsewhere defined in this Clause.

Get-Up means, in relation to a product sold from premises referred to in this Clause, the dress in which the product is presented for sale, including the shape, size and colouring of the container or packaging within which the product is sold and the design of any label appearing on that container or packaging.

Proprietary Food Outlet means a building or place from or within which fast food, either for consumption on the premises or to be taken-away, is prepared and sold, whether or not the premises includes a drive-in take-away food facility, and which is one of a chain or group of food outlets, all of which sell food in a similar get-up or under proprietary names or descriptions that are unique to the chain or group concerned, and which display similar advertising and logos that are recognised within the State of New South Wales or nationally or internationally.

Refreshment Room means a building or place such as a restaurant, café, tea room, eating house or the like, the purpose of which is to provide food for consumption on the premises, but does not include a building or place elsewhere defined in this Clause. Page 40

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Shop means a building or place used for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise or material, but does not include a building or place elsewhere defined in this Clause.

Take-away food shop means a building or place used for the purpose of selling prepared food to the public for consumption off the premises, but does not include a building or place elsewhere defined in this Clause.

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Page 48

WASTE MANAGEMENT & MINIMISATION Ordinary Meeting, 2/4/02

ITEM NO: 10

SUBJECT: ITEM C2 IN CONFIDENTIAL BUSINESS PAPER – CHARGING FOR WASTE FROM “NON-DOMESTIC” PREMISES

FILE NO:

Recommendations:

1. That Item C2 in the Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That Council close part of the Council Meeting for consideration of Item C2 in the Business Paper - Charging For Waste From “Non-Domestic” Premises, pursuant to the provisions of Section 10A(2)(d)(ii) of the Local Government Act 1993, as the report contains, and discussion involves, information that would, if disclosed, confer a commercial advantage on persons with whom the council will be competing against.

Report by Group Manager, BM City Services:

This matter has been listed in the Confidential Business Paper because, in my opinion, consideration of the matter is likely to take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.

The matter to be dealt with relates to the calculation and setting of charges for commercial services.

Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so. In this case, the reason for closing that part of the meeting to consider Item C2 in the Confidential Business Paper is that the report contains, and discussion involves, information that would, if disclosed, confer a commercial advantage on persons with whom the council will be competing against.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 2/4/02

ITEM NO: 11

SUBJECT: COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONS BY COUNCILLORS

FILE NO: C00944

Recommendation:

That Council approve the following donations from the Councillors’ Minor Local Projects Vote:

Organisation Amount

Blaxland Soccer Club $25 Gunangurra Lower Mountains Rotaract $300 Springwood Chamber of Commerce $150

Report by General Manager:

On 11 July 2000 Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which appear to fall within the ambit of the Policy, have been received and are submitted for approval.

Minor Local Projects

Recommending Organisation Purpose Amount Councillor Cr J Egan Blaxland Soccer Club Administration costs $25 Cr M Greenhill Gunangurra Lower Sending young people to $300 Mountains Rotaract overseas Rotaract conference Cr C Kime Springwood Chamber Administration costs for $150 of Commerce Springwood Foundation Day Committee

Page 50

TRANSPORTATION & ROADS Ordinary Meeting, 2/4/02

ITEM NO: 12

SUBJECT: TENDER REVIEW PROCESS BRIEFINGS

FILE NO: C02875

Recommendation:

That briefings to Council on the tendering be discontinued for projects where the tender process has been reviewed by the tender review panel, excepting projects (i) where Councillors request such a briefing, (ii) the General Manager is of the opinion a briefing is appropriate, or(iii) the value of the tender exceeds $1M.

Report by Group Manager, BM City Services:

Introduction

At its meeting of 13th October 1998, Council resolved to require a briefing on all tender assessments due to come to Council.

Since that time, the organization has implemented "Tendering Guidelines" (in 1999) and adherence to these procedures is governed by the Tender Review Committee. This committee looks at all Tenders that come before Council. The role of the committee is to "review the process for each tender with a view to ensuring compliance with Council's Tendering procedures and relevant legislation". The Tender review committee signifies this review by stating in the report to Council the following "The Tender Review Committee has reviewed the Tender procedures and is satisfied as to the fairness of the process."

As a result, experience with the briefings to Councillors on tenders (particularly for projects on roadworks and related programs within the capital works program and Management Plan, has seen no issues arise relating to the works or process that could not reasonably be dealt with by the officers in attendance or reviewing the report and material available to the meeting.

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TRANSPORTATION & ROADS Ordinary Meeting, 2/4/02

ITEM NO: 13

SUBJECT: LOCAL TRAFFIC COMMITTEE

FILE NO: C00534

Recommendations:

1. That the items 2002-14 to 2002-20 contained in the report of the Local Traffic Committee meeting held on 12 March 2002 be approved by Council.

2. That the Regional Director – Sydney Region, Roads and Traffic Authority Blacktown, and the Superintendent of Police, Blue Mountains Area Command and the Local Member’s Representative be notified of Council’s approval.

3. That items 2002-21 to 2002-23 be noted.

Report by Group Manager, BM City Services:

Attached to these recommendations is the Report of the meeting of the Local Traffic Committee held on 12 March 2002. The recommendations in this report are now submitted to Council for approval.

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Attachment

LOCAL TRAFFIC COMMITTEE MEETING

12th MARCH 2002

Meeting opened 10.00am

Attendance:

Mr Dean Russell RTA Ms Joy Anderson Representative for Honorable Bob Debus Mr Anthony Ogle BMCC – Chair

Ms Janina Olmos-New Traffic and Investigations Officer, BMCC Mr Jinendra Gunathilaka BMCC

Apologies Ms Terri Hamilton BMCC - Councillor Sgt Adams Highway Patrol

Area 1 2002-14 Victoria Street, Mt Victoria Provision of School Bus Zone

Area 2 2002-15 Temporary Car Park Closure – Telstra Exchange Katoomba Easter Festival and Parade, Saturday 30 March 2002

2002-16 Road Event & Temporary Car Park Closure - Telstra Exchange & Area outside Civic Video, Katoomba Winter Magic Festival 22 June 2002

2002-17 Temporary Car Park Closure – Wentworth Falls School of Arts Blue Mountains Our Future 23 March 2002

Area 3 2002-18 Lee Street, Lawson No Parking Restriction

Area 4 2002-19 Temporary Road Event – Private Street Party Paulwood Avenue Winmalee, 30th March 2002

2002-20 Temporary Road Event – Residents Street Party Pitt Street Springwood, 7th or 14th March 2002 Page 53

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Area 5 Nil

General 2002-21 Intersection of Lucasville Road and Mount Street, Glenbrook Traffic Treatment

2002-22 Filming Application, Bells Line of Road and Great Western Highway

2002-23 Blue Mountains Food With Altitude Fair, Blackheath

2002-14 Victoria Street, Mt Victoria Provision of School Bus Zone

Background: A letter has been received from Mt Victoria Public School Parents and Citizens Association requesting the Council to consider the creation of a school bus zone on Victoria Street, Mt Victoria to allow regular access to the school bus service during weekday mornings. The P & C has negotiated with the Lithgow based Johns Bros bus service to drop children off near the driveway entrance to the school. Currently there is no bus zone in this area and vehicles can park. The zone is required weekdays between 8.30am and 9.15am as shown on Attachment 1.

Recommendation: That Council approves the provision of a school bus zone (12 metres) between 8.30am – 9.15am Monday to Friday on Victoria Street, Mount Victoria as shown on Attachment 1.

2002-15 Temporary Car Park Closure - Telstra Exchange Katoomba Easter Festival and Parade, Saturday 30 March 2002

An application has been received from Fusion Blue Mountains for the temporary closure of the Council Car Park located next to the Telstra Exchange on Katoomba Street, Katoomba to hold an Easter Festival on Saturday 30 March 2002 between 9.00am and 3.00pm. The area is to be used for the provision of stalls. Refer to Attachment 2.

A parade will also be held along Katoomba Street under Police escort. The Police have been contacted and the parade organizers will comply with any Police conditions for the parade.

Recommendation: That Council notes that temporary closure of the Council Car Park located adjacent to the Telstra Exchange on Katoomba Street, Katoomba on Saturday 30 March 2002 between 9.00 am and 3.00pm for the Katoomba Easter Festival as shown in Attachment 2, has been approved by the Group Manager BM City Services under delegated Authority.

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2002-16 Road Event & Temporary Car Park Closure - Telstra Exchange & Area outside Civic Video, Katoomba Winter Magic Festival 22 June 2002

Background: An event application has been received from Winter Magic Festival Inc. for the Winter Magic Festival in Katoomba on Saturday 22 June. As part of the application they have requested the temporary closure of Katoomba Street between Gang Gang Street and Waratah Street from 6.00 am to 12 midnight. As request has also been made for the temporary closure of the Council car park near the Telstra exchange on Katoomba Street, and the parking area directly adjacent to Civic Video on Pioneer Place.

A Traffic Management Plan has been provided with details of alternative traffic routes on Lurline Street and Parke Street with controlled traffic access in Pioneer Place and Prior Place. Emergency vehicle access will be provided on Katoomba Street at all times. The Traffic Management Plan is as shown in Attachment 3 and proposed car park closures Attachment 4.

As the police representative was not present and this event in past years has raised issues with traffic movements and displaced parking, the matter was deferred until the next meeting to allow NSW Police comment.

Recommendation: That the application be referred to NSW Police for comment for consideration at the next Local Traffic Committee Meeting on 30th April 2002.

2002-17 Temporary Car Park Closure – Wentworth Falls School of Arts Blue Mountains Our Future 23 March 2002

Background: An event application has been received from City Strategy Group for the launch of the Blue Mountains Our Future strategy. As part of the application they have requested the temporary closure of the Council car park at the Wentworth Falls School of Arts between 12 midday and 9.00pm on Saturday 23 March 2002 as shown on Attachment 6.

The library located within this building closes at 12 midday and the staff have been advised of the proposed use of the car park premises.

Recommendation: That Council notes the temporary closure of the Council car park at Wentworth Falls School of Arts on Saturday 23 March 2002 between 12 midday and 9pm for the launch of Blue Mountains Our Future as shown in Attachment 6, has been approved by the Group Manager BM City Services under delegated Authority.

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2002-18 Lee Street, Lawson No Parking Restriction

Background: A request has been received from a resident located on the southern leg of Lee Street in Lawson for the provision of a No Parking restriction to be located on the turn bay outside their driveway.

Both ends of Lee Street are dead ends. The turning area was constructed to provide a 3-point turn area for vehicles to turn around. The resident has advised that visitors to adjacent properties use the turning area to park leaving other vehicles no space to turn around and restricting access out of her own residence.

A No Parking restriction located in the turn area would deter vehicles from using this area as a parking bay as shown on Attachment 5.

Recommendation: That Council approves the provision of a No Parking restriction in the turn-bay at the southern leg of Lee Street, Lawson as shown in Attachment 5, and that the matter be referred to Council’s Client Services section for consideration of infrastructure works to improve the turning area.

2002-19 Temporary Road Event – Private Street Party Paulwood Avenue Winmalee, 30th March 2002

Background: A request has been received by a resident of the street to hold a 21st party on the street at the end of the cul-de-sac, as shown in Attachment 8. The RTA agrees this is a category 5 event. The organisers have not completed an event application form which includes providing Council with a “Hold Harmless” indemnity, and they will need to do so prior to approval being granted.

Recommendation That Council notes that the temporary closure of the end of Paulwood Avenue Winmalee on 30th March 2002 between 6pm and midnight as shown in Attachment 8, has been approved by the Group Manager BM City Services under delegated Authority, subject to the event organisers satisfactorily completing an event application form.

2002-20 Temporary Road Event – Residents Street Party Pitt Street Springwood, 7th or 14th April 2002

A request has been received by a resident of the street to hold a residents party on the street between Stanway Avenue and No 32, as shown in Attachment 9. The residents have requested an alternative date of 14th march in case of poor weather. The RTA agrees this is a category 5 event. Page 56

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Attachment

Recommendation That Council approves the temporary closure of the end of Paulwood Avenue Winmalee on 7th April 2002 between noon and 2:30 pm as shown in Attachment 9, or on 14th April if the event is not held on 7th April due to poor weather.

General

2002-21 Intersection of Lucasville Road and Mount Street, Glenbrook Traffic Treatment

Background The intersection at Mount Street and Lucasville Road, Glenbrook is being reconstructed. As part of the design process a new configuration for the existing Give Way traffic control has been built. The new configuration is shown in Attachment 7. Residents have approached Council and a Councillor opposing the island treatments at the intersection.

The committee members reviewed the design, with the RTA suggesting changes to the continuity line and confirmation of vehicle tracking paths allowing for negotiation of kerbs. The RTA supports designs to reduce speeds at intersections and is satisfied with the works.

2002-22 Filming Application, Bells Line of Road and Great Western Highway

Due to the nature of the undefined nature of the activity and its being carried out on State Roads, the request should be referred to the RTA’s Traffic management Centre.

2002-23 Blue Mountains Food With Altitude Fair, Blackheath

The organisers have advised Council that the event will not be held on the road due to problems with obtaining public liability insurance. **

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NOTICE OF MOTION Ordinary Meeting, 2/4/02

ITEM NO: 14

SUBJECT: RENAISSANCE CENTRE, KATOOMBA

FILE NO: A76886

By Councillor T Hamilton:

“That Council, as a matter of urgency, write to:

(a) the Hon Dr Andrew Refshauge, Deputy Premier and Minister for Planning, and the NSW Heritage Council, stating that Council strongly supports the application of the National Trust of NSW for the making of an interim heritage order on the Renaissance Centre, Katoomba, and request that this proceeds with the utmost urgency; and

(b) the Hon Bob Debus, Member for Blue Mountains, seeking his assistance in progressing this matter.”

Page 74

NOTICE OF MOTION Ordinary Meeting, 2/4/02

ITEM NO: 15

SUBJECT: DEVELOPMENT RELATING TO HERITAGE ITEMS OR HERITAGE CONSERVATION AREAS

FILE NO:

By Councillor T Hamilton:

“That any development application relating to a Heritage item or Heritage Conservation Area, as defined in LEP 1991 or LEP 4, be brought before Council for determination.”

Page 75

PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 2/4/02

ITEM NO: 16

SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 2/4/2002

FILE NO: C00680

Recommendation:

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

1. 20/2/2002 - Lower Mountains Neighbourhood Centre Inc

Letter acknowledging the work performed by the Graffiti Response Team reading in part:

“Despite the extenuating circumstances Patrick and Beau were at all times most understanding and patient and went out of their way to be helpful. On behalf of the Lower Mountains Neighbourhood Centre I thank them most sincerely for their co-operation and assistance in this matter.”

2. 26/2/2002 - Brian Steffen, Acting Director-General, Ministry of Energy and Utilities

Referring to Council’s letter of 31 January 2002 to the Minister for Energy, concerning undergrounding of electricity cables.

Advising that the NSW Government believes there is a range of benefits from the undergrounding of electricity cables and that the Government will undertake a detailed review of this issue. Also noting Council’s desire for the City of Blue Mountains to be included in the review, and advising that Council’s letter will be forwarded to the Steering Committee that has been established to consider and develop an appropriate policy and program on undergrounding of electricity cables in urban areas, including the process for prioritising future undergrounding projects.

3. 27/2/2002 - The Hon R Debus MP, Minister for the Environment

Regarding Council’s agreement to participate in the Government’s trial Woodsmoke Reduction Program, which is being co-ordinated by the Environment Protection Authority. Enclosing a signed copy of the agreement for Council’s records, as well as a cheque to cover initial costs of Council’s staff and the first installment for incentives to replace old woodheaters.

4. 5/3/2002 - Cynthia Chesters, Winmalee High School

Congratulating a staff member from Health and Development on the recent presentation on water safety, given for students of the school. Page 76

PRECIS OF SELECTED CORRESPONDENCE Item 16 - Ordinary Meeting, 2/4/02

5. 11/3/2002 - 5 Petitioners, Blaxland East

Requesting the provision of guttering on the northern side of Antill Street, Blaxland.

6. 11/3/2002 - The Hon R Debus MP, Minister for Emergency Services, Member for Blue Mountains

Thanking Blue Mountains Tourism and Council for the significant part they played in the “Kids Go Free” weekend and the visit to the Blue Mountains by the New York Fire Fighters and Police on Sunday, 10 March 2002. In particular, thanking Anne Watts for her efforts in organising the event.

7. 14/3/2002 - David and Linda Cameron, Yellow Rock

Thanking Council staff member involved in the operations of the Bushfire Recovery Centre for their efforts after the recent bushfires.

8. 15/3/2002 - 10 Petitioners from View Street, Blaxland

Regarding land use applications in View Street, Blaxland and requesting Councillors to have a site inspection of the properties “in order for them to clearly see what the proposals will do to the character of View Street”.

9. 15/3/2002 - Dr David Niven, General Manager, Ashfield Council

In relation to Sydney Cables Downunder, and advising that at its Meeting on 5 March 2002, Ashfield Council resolved as follows:

“That Council write to all Councils encouraging them to support the organisation by making a donation of $200.”

10. 18/3/2002 - David Brown, School Principal, Blaxland Public School and Peter Thorne, President, Blaxland Public School P & C Association

Thanking Council for its support of the School’s 75th Anniversary celebration and fete held late last year, in particular those staff who assisted directly with the provision of Council services, including the provision of recycling waste bins.

11. 25/3/2002 - Theresa Lock, Lawson

Expressing appreciation of Council’s replanting of the nature strip outside the railway in front of her house.

Page 77

RESPONSES TO QUESTIONS WITH NOTICE (19/2/02) Ordinary Meeting, 2/4/02

ITEM NO: 17

SUBJECT: POSSIBLE THREAT OF PUSSY WILLOW TO THE WORLD HERITAGE BLUE MOUNTAINS NATIONAL PARK AND LOCAL GOVERNMENT AREA

FILE NO: C02847

Question by Councillors A Henson and H Kozelj (19/2/02):

“1. Is Council aware of the serious threat that Pussy Willow (Salix cinerea) possibly poses to the World Heritage Blue Mountains National Park, our own Local Government Area and to the habitat of the already threatened Blue Mountains Skink?

2. If Council is aware of this emergency, then what is it and other agencies planning to do?”

Note by Councillors Henson and Kozelj:

Residents are very appreciative of the recent emergency measures taken to control the threat of the Mt Hall Bushfire. This entailed the cutting through of an emergency fire trail and subsequent burn-off measures.

There is concern in the community that the recent Mount Hall fires have created conditions for the near certain irretrievable escape of wild Pussy Willow into the inaccessible parts of the Blue Mountains. Information has come from valid sources which are strongly suggesting that as a result of the above fires, there is a threat of invasion of Pussy Willow in the Blue Mountains.

This could profoundly change the riparian habitats and moisture areas of the Blue Mountains National Park unless 95% of the present potential seed supply is eliminated before October 2002.

This plant is one of the two most invasive willows in Australia and there are some significant patches in the Blue Mountains.

Eradication is possible but it would take a dedicated effort by a wide range of parties et NPWS, DLWC, RTA, BMCC, NSW Agriculture, Landcare and landholders.

Advice is sought on this possible threat, how to protect the World Heritage National Park and who will help. Page 78

RESPONSES TO QUESTIONS WITH NOTICE (19/2/02) Item 17 - Ordinary Meeting, 2/4/02

Response from Group Manager, BM City Services:

Introduction

Council’s Weed Management Team are aware of the potential of Salix cinerea and Salix nigra to invade riparian habitats and inaccessible natural areas of the Blue Mountains. Even before the recent bushfires, eradication of these species was identified as a high priority outcome in Council’s Weed Management Strategy 2001 adopted by Council on 20 November 2001.

Willows generally release their seed over several weeks in November-December. The seed is very small, very short-lived (1-2days), and has very specific seed-bed and soil condition requirements for germination. This means that usually most seed does not survive unless conditions are suitable. Because the fires occurred in December, after seeding had finished, any threat will not occur until after November-December 2002, and then only if weather conditions are suitable, and the seed-bed is still disturbed enough to allow for germination.

Willows are spread by seed but also by broken branches. Cutting is therefore not the preferred control method due to the problems posed in having to manage green waste material. In-situ injection of willows is the preferred control method for mature trees.

The main Willows of concern are S. cinerea and S. nigra in or over water or fertile females growing within 2km of a watercourse and within 500m of a compatible male. All known occurrences of Salix cinerea and S. nigra on public land have been identified through the Blue Space Weed Mapping Project.

When undertaking a response to the Willow problem it is important that a coordinated and strategic approach is implemented. An incomplete response without follow-up control will have limited value. A long-term strategy must be put in place prior to the commencement of any Willow control program if success is to be achieved. Consideration needs to be given to erosion control issues and tree replacement.

Identification of Willows is a specialist area due to the short growing season, short seeding season, and large number of Willow hybrids. Staff and contractors will need to undertake appropriate training in the identification of Willows before control and the issuing of Notices to private property owners commence. The Weed Management Team is investigating a Willow Identification Workshop in Winter 2002 for staff, Bushcare volunteers and contractors.

It may be necessary to obtain approval from the Department of Land and Water Conservation before removing any vegetation from within 20m of a declared watercourse.

Public Land Willow Control

The weed team resources are currently fully over-committed. Any Willow control program must compete with, and occur at the expense of, other priority weeds. Best Time to treat Willows is between December and March, especially for foliar spraying. This clashes with peak Gorse, Scotch Broom and Blackberry treatment season. Page 79

RESPONSES TO QUESTIONS WITH NOTICE (19/2/02) Item 17 - Ordinary Meeting, 2/4/02

Environmental Weed Team will program 5 days target weeding for S. nigra and S. cinerea, in early August 2002 prior to Gorse season, and in Autumn 2003 after the Scotch Broom season. A Sidewinder tree injection unit was purchased in February by the Noxious Weeds Team specifically for tree weed control, including Willows. The Noxious Weeds Team will opportunistically target tree weeds (including Willows) using Sidewinder on days unsuitable for spraying.

The Noxious Weeds Team are investigating research undertaken at Lake Wallace near Wallerawang on Willow control during in winter, while it is dormant. Any appropriate findings will be adopted immediately, as winter control does not clash with other weed control priorities.

URCP has recently obtained funding to target Salix cinerea, purpurea and saligna across all public land in the mountains as identified through the BlueSpace Weed Mapping Project. This project will be underway during the Spring of 2002 and will aim to eradicate known infestations on public land prior to the 2002 set of seeds.

In conjunction with the Western Sydney/Blue Mountains Regional Weeds Committee a grant application for a 5 year Willow control program is currently being prepared for submission to NSW Agriculture. Grant applications close in April.

Private Land Willow Control

A significant number of willows are believed to occur on private land. All landholders must cooperate if any Willow control program is to succeed. At present, willows are listed by the Department of Agriculture on the Blue Mountains Noxious Weeds list as W4g – The weed must not be sold, propagated or knowingly distributed. This listing does not allow Council to control willows on private property. For this reason a W2 noxious declaration is considered crucial if total eradication is to be achieved on privately owned as well as public land.

Council is preparing a New Declarations proposal for submission to the Noxious Weeds Advisory Committee at the beginning of April 2002, recommending that Black Willow (Salix nigra) and Pussy Willow (Salix cinerea) be upgraded from the current W4g Control Category to the W2 Control category, which states – “The weed must be fully and continuously suppressed and destroyed”. It is hoped that a response will be received prior to the next Willow seeding in November/December. If the above W2 declaration is successful Council’s Noxious Weeds Inspectors will commence issuing Notices for S. nigra & S. cinerea on private property in 2002/3.

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RESPONSES TO QUESTIONS WITH NOTICE (19/2/02) Ordinary Meeting, 2/4/02

ITEM NO: 18

SUBJECT: POSSIBLE REZONING – 25 THE MALL, WARRIMOO IN LIGHT OF THE WITHDRAWAL OF THE APPEAL

FILE NO: A62174

Question by Councillor A Henson (19/2/02):

“1. When will the report come back to Council on a possible rezoning for 15 The Mall, Warrimoo, in order to maximize the amount of land kept for environmental protection?”

Response from Acting Group Manager, Health and Development:

It is expected that a report will be presented to Council by the end of May regarding the possible rezoning of this site.

Page 81

RESPONSES TO QUESTIONS WITH NOTICE (19/2/02) Ordinary Meeting, 2/4/02

ITEM NO: 19

SUBJECT: POLLUTION IN MOUNT STREET AND MOUNT HAY ROAD, LEURA

FILE NO: C01285

Question by Councillors A Henson and H Kozelj (19/2/02):

“1. What investigations is the EPA doing in regard to the pollution in North Leura, which is believed to be coming from the Sydney Water sewerage works in North Leura?

2. What is being done to clean up the waterway?”

Response from Acting Group Manager, Health and Development:

Council Officers inspected the site in response to the complaint, and subsequently referred the matter to the EPA’s Pollution Line, as it was considered it fell under their jurisdiction.

Following their investigation of the incident, Council received the following advice from the EPA:

“The EPA contacted Sydney Water Corporation (SWC) regarding the reported incident, however, SWC was unaware of any pollution problems coming from their Mount Street Leura drill site. SWC informed us that they had been drilling with water, as a result of previous problems, and that this water was being recovered and recycled on-site with appropriate environmental safeguards in place. The EPA requested and received a report from SWC detailing the environmental controls in place for the drilling operation.

A subsequent inspection of the drill site by EPA officers confirmed that appropriate environmental control measures were in place, and that such measures were adequate for preventing sediment and runoff from leaving the site or entering the nearby creek. It was also noted that the tailings produced from the drilling activity are a white coloured sand and do not correspond with the reported “very dirty brown” coloured material that was observed in the creek.

On the basis of the information that we have gathered the EPA is satisfied that the source of the pollution reported on the 1 December 2001 was not from SWC’s operations and therefore will not be pursuing this matter further. The EPA will however maintain a watching brief on Sydney Water’s activities.”

On the basis of this advice provided by the EPA, it is not considered further action is warranted.

Page 82

QUESTIONS WITH NOTICE Ordinary Meeting, 2/4/02

ITEM NO: 20

SUBJECT: PAYMENT FOR MAINTENANCE OF FIRE TRAILS IN MOUNT WILSON AREA

FILE NO: C01799

Question by Councillor H Kozelj (2/4/02):

“Regarding the payment of more than $7,000 for maintenance of fire trails in the Mount Wilson area:

· When did Council pay for maintenance of fire trails in Mount Wilson (which month of what year)?

· Who was the recipient of the payment?

· Who authorised the payment?

· Why was the payment made before work was completed?

· Is work now completed? If not, why not?”

Comment by Councillor Kozelj:

I am lead to believe that the above payment was made late in 1999 and that the work was not completed until November 2001.