The final plan and Section 88B Instrument must provide for the following. Council’s standard recitals must be used.
i. Easement – Private Stormwater Drainage
Inter-allotment drainage easements must be created to ensure each and every lot is provided with a legal point of discharge. Easement widths must comply with Council’s Design Guidelines Subdivisions/ Developments.
ii. Easement – Repairs/ Zero Lot Line Dwellings
A 900mm wide (minimum) easement for repairs is required over those lots adjacent to the zero-lot line dwellings identified on the approved plan using the “zero lot line dwellings” terms included in the standard recitals.
iii. Restriction – Restricted Access
Lots 285 to 291 must be burdened with a restriction precluding access to Caddies Boulevard using the “restricted access” terms included in the standard recitals.
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iv. Restriction – Bedroom Numbers
All lots that contain a new dwelling home/ attached dwelling must be burdened with a restriction using the “bedroom numbers” terms included in the standard recitals.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Dr M R Byrne Adjunct Professor Clr Thomas
Clr Keane Clr Dr Gangemi Clr A N Haselden Clr Harty OAM Clr Hay OAM Clr Tracey Clr Taylor
VOTING AGAINST THE MOTION None
ABSENT FROM THE ROOM Clr Jefferies
Clr Preston ABSENT Clr Dr Lowe
ITEM-7 FINDINGS AND RECOMMENDATION OF THE PRE- GATEWAY REVIEW PROCESS (FP 85)
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HAY OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
561 RESOLUTION
A submission be forwarded to The Department of Planning and Environment in response to the findings and recommendations report for the pre-Gateway review process as outlined in this report.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Dr M R Byrne Adjunct Professor Clr Thomas
Clr Keane Clr Dr Gangemi Clr A N Haselden Clr Harty OAM Clr Hay OAM
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Clr Tracey Clr Taylor Clr Jefferies Clr Preston
VOTING AGAINST THE MOTION None
ABSENT Clr Dr Lowe
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HARTY OAM THAT Items 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
562 RESOLUTION
Items 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 21 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-8 ESTABLISHMENT OF GREATER SYDNEY
COMMISSION (FP85) 563 RESOLUTION
The report be received.
ITEM-9 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
564 RESOLUTION
1. The release of a right of carriageway 6m wide and an easement for services 6m wide from the title of Lot 111 DP 1172942, 33 to 35 Curtis Road, Kellyville and the Section 88B instrument associated with the final plan of subdivision for DA 168/2015/ZA releasing the easements be authorised for execution under Council seal.
2. The release of a variable width right of carriageway from the title of Lot 402 DP 1183080, 17 Jade Place, West Pennant Hills and the Section 88B instrument associated with the final plan of subdivision for the second stage of DA 1369/2011/ZA releasing the easement be authorised for execution under Council seal.
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ITEM-10 HILLS SHIRE PLAN 15/16 REVIEW 1 565 RESOLUTION
The Operations Program Review 1 Report for the quarter ended 30 September 2015 be received.
ITEM-11 BUDGET REVIEW AS AT 30 SEPTEMBER 2015 566 RESOLUTION
The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations detailed in page 7-22 be adopted.
ITEM-12 2016/17 STRATEGIC PLANNING PROCESS 567 RESOLUTION
The Strategic Planning Process and timetable outlined in this report be adopted.
ITEM-13 COUNCIL OPERATIONS - CHRISTMAS NEW YEAR PERIOD 2015/2016
568 RESOLUTION
1. Subject to the restrictions under Section 377 of the Local Government Act, Delegated Authority be given to the Mayor and the General Manager to determine matters reserved for Council from 16 December 2015 until the first scheduled Ordinary Meeting in February 2016.
2. A Council Workshop (Briefing Session) be held on 8 December and an Ordinary Meeting be held on 15 December, 2015.
3. (a) The Ward Depots close at 3.45pm Friday 18 December 2015, with emergency response crews operating as detailed in Attachment 2 until 4 January 2016.
(b) The Administration Centre close from 4.30pm on Thursday 24 December 2015 until Monday 28 December 2015. A reduced staff (as determined by the General Manager) will operate at standard office hours on Tuesday 29, Wednesday 30 and Thursday 31 December 2015 and close on Friday 1 January 2016. Normal operations resume at 8.30am on Monday 4 January 2016.
(c) The hours of operation for Council’s five (5) branch libraries be as follows:-
Castle Hill Rouse Hill Baulkham
Hills Carlingford Dural Thurs 24 Dec 9.30-4.30 9.30-4.30 10-4.30 10-4.30 10-4.30
Fri 25 Dec Closed Closed Closed Closed Closed
Sat 26 Dec Closed Closed Closed Closed Closed
Sun 27 Dec Closed Closed Closed Closed Closed
Mon 28 Dec Closed Closed Closed Closed Closed
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Tues 29 Dec 9.30-8 9.30-6 Closed Closed Closed
Wed 30 Dec 9.30-8 9.30-6 Closed Closed Closed
Thurs 31 Dec 9.30-4.30 9.30-4.30 Closed Closed Closed
Fri 1 Jan Closed Closed Closed Closed Closed
Sat 2 Jan 9.30-5 9.30-5 Closed Closed Closed
Sun 3 Jan 1-5 1-5 Closed Closed Closed
Mon 4 Jan 9.30-8 9.30-6 10-8 10-7 10-5.20
(d) The hours of operation for Council’s Customer Service Centre be as follows:-
Council Customer Service Centre Mon 21 Dec 8.30 – 4.30
Tue 22 Dec 8.30 – 4.30 Wed 23 Dec 8.30 – 4.30 Thurs 24 Dec 8.30 – 4.30 Fri 25 Dec Closed Mon 28 Dec Closed Tues 29 Dec 8.30 – 4.30 Wed 30 Dec 8.30 – 4.30 Thurs 31 Dec 8.30 – 4.30 Friday 1 Jan Closed
(e) The hours of closure for Council’s six (6) Child Care Centres be as follows:- Centre From Close of Business Re-open
Castle Glen Tuesday 23 December 2015 Tuesday 12 January 2016 Balcombe Heights Tuesday 23 December 2015 Tuesday 12 January 2016 Ellerman Tuesday 23 December 2015 Tuesday 12 January 2016 Eurambie Park Tuesday 23 December 2015 Monday 18 January 2016 Excelsior Tuesday 23 December 2015 Tuesday 12 January 2016 North Rocks Tuesday 23 December 2015 Tuesday 12 January 2016
(f) Hills Community Care will operate until 4.30pm on Wednesday 24 December 2015 and then with skeleton staff on Monday 29, 30 & 31 December 2015. Staff at HCC will resume duties on Monday 4 January 2016. Throughout the entire Christmas/New Year period client support will be provided on request and emergency contact numbers will be available.
ITEM-14 REVIEW OF WARD BOUNDARIES 569 RESOLUTION
1. The proposed changes to Ward boundaries as detailed in this report and shown in Attachments 1,2,3 & 4 to this report be exhibited for a period of twenty eight (28) days for public comment and also referred to the Electoral Commissioner and the Australian Statistician.
2. Upon conclusion of the forty two (42) day period for receipt of submissions, a further report be submitted to Council for final determination of the Ward boundaries.
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ITEM-15 COUNCIL POLICY NO. 25 - ASSESSMENT OF
REQUESTS FOR ON-STREET PARKING RESTRICTIONS - 12 MONTH REVIEW
570 RESOLUTION
Council endorse the revised Internal Procedure for the ‘Assessment of Requests for On- Street Parking Restrictions’ as detailed in Attachment 3 to the report.
ITEM-16 ENDEAVOUR ENERGY NON CONTESTABLE WORKS REVISED QUOTATION - SAMANTHA RILEY DRIVE, KELLYVILLE
571 RESOLUTION
Council accepts the estimated quotation by Endeavour Energy plus contract contingency to the amount of $630,000 (ex GST) on the basis that the works are non-contestable and hence a satisfactory result would not be achieved by inviting tenders due to the unavailability of competitive or reliable tenderers.
ITEM-17 LICENCE RENEWAL OF BUILDING 17, BALCOMBE HEIGHTS ESTATE, 90Z-94Z SEVEN HILLS ROAD, BAULKHAM HILLS
572 RESOLUTION
Pursuant to Sections 46 and 47 of the Local Government Act 1993, a licence be entered into with Western Sydney Local Health District as detailed in this report.
ITEM-19 TENDER T16/09 FRED CATERSON BMX AMENITIES
573 RESOLUTION
Council accept the tender from Caliber Constructions Pty Ltd for the construction of Fred Caterson BMX Amenities, Castle Hill and approves expenditure up to $260,000.00 (excluding GST) for the Tender amount including contingency.
ITEM-20 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - OCTOBER 2015
574 RESOLUTION
1. The donations listed in summary table under Sporting/Cultural for Individual/Teams, Minor Donations and Special Circumstances are approved.
2. The grant applications in Attachment 1 - 2015-16 Community Grants Program – Round 2 be placed on public exhibition for a period of 28 days in accordance with the Local Government Act.
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3. If no submissions are received the 2015-16 Community Grants Program – Round 2 be adopted 7 days after the public exhibition closes.
4. If submissions are received then a further report be prepared for Council consideration.
ITEM-21 INFORMATION AND STATUS REPORTS 575 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM DOCUMENT NO 14093986, 14093987 and 14093989).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM DOCUMENT NO 13650449, 9650425, 9650435 and 10138601).
3. The Schedule of Questions and Answers at Council Meetings held in September 2015 shown in the Attachment 5 be noted (ECM DOCUMENT NO 14067638 & 14107809).
4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM DOCUMENT NO 14182483).
5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (ECM DOCUMENT NO 14186045 ).
6. The status of Development Applications involving variations to Development Standards shown in the Attachment 8 be noted (ECM DOCUMENT NO 14164053).
9.56pm Councillor Taylor left the meeting and returned at 9.57pm during Item 18.
9.57pm Councillor Preston left the meeting and returned at 9.59pm during Item 18.
ITEM-18 TENDER T16/05 RE-LOCATION OF ENDEAVOUR ENERGY ASSETS - INTERSECTION OF SEVEN HILLS ROAD & ARTHUR STREET, BAULKHAM HILLS
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
576 RESOLUTION
Council award the contract for the relocation of the Endeavour Energy overhead pole and cables to GREMALCO for an overall cost (including contingency) of $440,283.30 (Excl.
GST).
10.12pm Councillor Thomas left the meeting and returned at 10.14pm during Questions Without Notice.
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QUESTIONS WITHOUT NOTICE
577 DRAFT HILLS CORRIDOR STRATEGY
Councillor Harty OAM tabled submissions relating to Castle Hill North regarding the Exhibition of the Draft Hills Corridor Strategy.
578 HILLS DISTRICT HISTORICAL SOCIETY INC.
Councillor Harty OAM tabled a letter from The Hills District Historical Society regarding renewal of their Lease at Building 10, Balcombe Heights Estate.
579 INTERSECTION OF CHAPEL LANE AND SEVEN HILLS ROAD
Councillor Hay OAM advised that the ‘No Right Turn’ sign appears to have been turned around at the intersection of Chapel Lane and Seven Hills Road and another sign is missing. Vehicles over 3.5tonne also appear to be using this road as a short cut. Can Council please investigate?
580 POTHOLES
Councillor Preston has been advised by Box Hill Progress Association that there are a lot pot holes on the edges of the road along Nelson Road, Old Pitt Town Road from Edwards Road to Boundary Road.
581 BOX HILL COMMUNITY HALL
Councillor Preston has been advised by the Box Hill Progress Association that the clock in the Box Hill Community Hall keeps being stolen and was there a way to get the clock replaced so it is unable to be removed from the wall. Also the garbage is still not being taken out on a Wednesday night and this needs to be addressed.
582 WARREN GLENNY
Councillor Preston congratulated Warren Glenny on being unanimously re-elected as President of Castle Hill RSL this evening.
583 COUNCILLOR YVONNE KEANE
Councillor Dr Gangemi acknowledged and congratulated Councillor Keane who was elected a Board Member of Local Government NSW.
584 NORTH ROCKS SHOPPING CENTRE
Councillor Jefferies wanted to note the JRPP would be reporting on North Rocks Shopping Centre on Thursday and he was looking forward to seeing the matter approved and come to fruition.
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585 BUS DEPOT – OAKES ROAD, CARLINGFORD
Councillor Jefferies requested an update on negotiations regarding the Bus Depot at Oakes Grove, Carlingford.
The Acting General Manager responded that Council has been advised they are not interested in agreeing to a price at this moment while they do more remediation work at the site and Council is hopeful that once the work is completed negotiations may begin.
Councillor Jefferies enquired whether there was a timeframe allocated.
Acting General Manager advised Council should receive a reply by the end of the month.
586 SPORTS FIELD ALLOCATIONS
Councillor Jefferies requested an update on how the sports field allocations for summer are progressing.
The Group Manager – Customer Services advised meetings have recently concluded with 57 sporting groups to discuss summer allocations of 78 fields. Council is waiting on fixtures from each club. Staff are also inspecting the usage in an audit way to verify the allocations are being used and then the allocations will be matched with the usage.
There are now additional requests from 21% of those clubs for further allocations which have not been addressed yet for the current summer usage. Winter groups will undergo the same process from approximately December through to January.
Councillor Jefferies also noted there are now three (3) new clubs starting this season with more players, more games and more grounds are going to be needed.
587 TURFING ON NATURE STRIPS
Councillor Haselden enquired about Council’s protocol for watering of new kerbside turf that has been laid on Coonara Avenue next to the shopping centre which looks dead. Is the watering a contractual requirement or has the turf been laid by Council staff? The turf appears to have been laid over a very hard surface and doesn’t look like it would ever take root.
The Acting General Manager advised that he would take the question on notice.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR TRACEY THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 22 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the following table.
2. Council withhold access to Item 22 in accordance with the following table and Section 11(2) of the Local Government Act.
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TABLE OF CONFIDENTIAL MATTERS ITEM NO.: 22
SUBJECT: PURCHASE OF PART 5 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION
Associated Report: N/A
Reason for Confidentiality: Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Section: 10A(2)(c)
Public Interest On balance, the public interest in preserving the confidentiality about the financial negotiations and valuation details, contained within the report outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put the Council at a competitive disadvantage preventing it from achieving a “best value for money” outcome for the wider community.
THE MOTION WAS PUT AND CARRIED 588 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 22 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the above table.
2. Council withhold access to Item 22 in accordance with the above table and Section 11(2) of the Local Government Act.
10.18pm Council entered into Closed Session.
ITEM-22 PURCHASE OF PART 5 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TAYLOR THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
589 RESOLUTION
1. Council agree to purchase Lot 12 DP 1199552, 5 Hillview Road, Kellyville being land designated public recreation for the price detailed in this report with a Contract, Deed
& Transfer authorised for execution under seal.
2. The public reserve be classified as “Community Land” and deemed non-rateable pursuant to Sections 25 and 556 respectively of the Local Government Act 1993.
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OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR TAYLOR THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
590 RESOLUTION
The meeting resume in Open Council
At 10.19pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council One (1) resolution was passed. The Acting General Manager read out the resolutions for Item 22.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 10 November 2015.
MAYOR GENERAL MANAGER
ORDINARY MEETING OF COUNCIL 10 NOVEMBER, 2015
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