ORDINARY MEETING OF COUNCIL 24 MAY 2022
ITEM SUBJECT PAGE
ITEM 1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE NO. 7/2022 - INSPIRING YOUNG PEOPLE RECOGNISED IN 7NEWS YOUNG ACHIEVER’S AWARDS
3
ITEM 2 BELLA VISTA AND KELLYVILLE STATION PRECINCTS DEVELOPMENT CONTROL PLAN (FP215)
4
ITEM 3 BUDGET REVIEW AS AT 30 APRIL 2022 5
ITEM 4 PROPERTY DEALING RELATING TO DEVELOPMENT MATTER 5
ITEM 5 LOCAL APPROVALS POLICY 2022 5
ITEM 6 REIMBURSEMENT/WORKS-IN-KIND AGREEMENT FOR THE CONSTRUCTION OF REGIONAL DRAINAGE INFRASTRUCTURE, HALF-WIDTH ROAD AND CYCLEWAY (STAGES 1 AND 2, 35-41 BOUNDARY ROAD, BOX HILL)
5
ITEM 7 TENDER T22/0168 NORTH KELLYVILLE STORMWATER MANAGEMENT BASINS – DEEPWATER CIRCUIT RESERVE AND KUMBATINE CRESCENT RESERVE - BASIN NO.S 8 & 10 (SMALLS CREEK CATCHMENT)
6
ITEM 8 TENDER T22/0186 - PROVISION OF SECURITY SERVICES TO VARIOUS COUNCIL BUILDINGS & FACILITIES
6
ITEM 9 INFORMATION AND STATUS REPORTS 6
CLOSED COUNCIL 7
ITEM 10 TENDER FOR BUILDING WORKS 7
ORDINARY MEETING OF COUNCIL 24 MAY 2022
227 PRESENT
Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr F De Masi
Clr V Ellis Clr J Brazier Clr R Boneham Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM Clr J Cox Clr R Jethi Clr R Tracey
228 APOLOGIES Clr M Blue
229 TIME OF COMMENCEMENT 7.04pm
230 TIME OF COMPLETION 7.26pm
231 DECLARATIONS OF INTEREST Nil.
232 ARRIVALS AND DEPARTURES Nil.
233 DISSENT FROM COUNCIL'S DECISIONS Nil.
234 ADJOURNMENT & RESUMPTION Nil.
ORDINARY MEETING OF COUNCIL 24 MAY 2022
The Mayor advised in accordance with the Code of Meeting Practice that this meeting is being recorded.
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLOR HODGES THAT the Minutes of the Ordinary Meeting of Council held on 10 May 2022 be confirmed.
THE MOTION WAS PUT AND CARRIED.
235 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 10 May 2022 be confirmed.
APOLOGIES AND LEAVE OF ABSENCE
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR JETHI THAT The apology from Councillor Blue be accepted and leave of absence granted.
(Councillor Tracey returned early from his leave of absence).
THE MOTION WAS PUT AND CARRIED.
236 RESOLUTION
The apology from Councillor Blue be accepted and leave of absence granted.
(Councillor Tracey returned early from his leave of absence).
MAYORAL MINUTE NO. 7/2022 - INSPIRING YOUNG PEOPLE RECOGNISED IN 7NEWS YOUNG ACHIEVER’S AWARDS
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HODGES THAT This Mayoral Minute be received.
THE MOTION WAS PUT AND CARRIED.
237 RESOLUTION
This Mayoral Minute be received.
SUSPENSION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR HAY OAM THAT standing orders be suspended to present Angelica and Sonya with the Young Achiever’s Awards.
THE MOTION WAS PUT AND CARRIED.
ORDINARY MEETING OF COUNCIL 24 MAY 2022
238 RESOLUTION
Standing orders be suspended to present Angelica and Sonya with the Young Achiever’s Awards.
At 7.12 pm standing orders were suspended.
RESUMPTION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COX THAT standing orders be resumed.
THE MOTION WAS PUT AND CARRIED.
239 RESOLUTION
Standing orders be resumed.
At 7.19pm standing orders were resumed.
ITEM 2 BELLA VISTA AND KELLYVILLE STATION PRECINCTS DEVELOPMENT CONTROL PLAN (FP215)
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR ELLIS THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
240 RESOLUTION
Draft The Hills Development Control Plan 2012 Part D Section XX – Bella Vista and Kellyville Station Precincts and Draft Part D Section 7 – Balmoral Road Release Area be publicly exhibited for a period of 28 days.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr P Gangemi Clr M Hodges Clr F De Masi Clr V Ellis Clr J Brazier Clr R Boneham Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM Clr R Tracey
VOTING AGAINST THE MOTION None
ORDINARY MEETING OF COUNCIL 24 MAY 2022
MEETING ABSENT Clr M Blue
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BONEHAM THAT items 3, 4, 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
241 RESOLUTION
Items 3, 4, 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained therein be adopted.
ITEM 3 BUDGET REVIEW AS AT 30 APRIL 2022OC INFO 242 RESOLUTION
The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations detailed in page 8-25 be adopted.
ITEM 4 PROPERTY DEALING RELATING TO DEVELOPMENT MATTER 243 RESOLUTION
Council consent to the release of two drainage easements from the title of Lot 128 DP 250610, 22 Chapman Avenue, Castle Hill and Lot 21 DP 255722, 23 Dawes Avenue, Castle Hill and the associated documents be authorised for execution under seal.
ITEM 5 LOCAL APPROVALS POLICY 2022 244 RESOLUTION
1. The draft Local Approvals Policy 2022 be placed on public exhibition in accordance with the requirements of the Local Government Act.
2. A further report be made to Council at the conclusion of the exhibition period.
ITEM 6 REIMBURSEMENT/WORKS-IN-KIND AGREEMENT FOR THE CONSTRUCTION OF REGIONAL DRAINAGE INFRASTRUCTURE, HALF-WIDTH ROAD AND CYCLEWAY (STAGES 1 AND 2, 35-41 BOUNDARY ROAD, BOX HILL)
245 RESOLUTION
1. Council approve reimbursement to the Developer of an amount of $2,253,141.13 for the construction of “CP15CRC” and RGBH03A and RGBH03C within “CP15BH03A”, with the
ORDINARY MEETING OF COUNCIL 24 MAY 2022
necessary funds to be made available from Contributions Plan No. 15 – Box Hill Precinct for reimbursement during the 2023/2024 Financial Year.
2. Council approve the proposed Works-in-Kind and reimbursement valued at $1,065,479.15 to be funded from CP15, comprising a reduction of $414,553.47 in the Section 7.11 contributions payable towards Traffic and Transport Infrastructure under DA 2312/2018/ZB and DA 873/2019/ZB and reimbursement of $650,925.68 to the Developer in recognition of the construction of the half-width of Manso Crescent adjoining drainage land (“CP15HWLR”) as well as the associated cycleway (“CP15CYCLEWAYS”).
ITEM 7 TENDER T22-0168 NORTH KELLYVILLE STORMWATER
MANAGEMENT BASINS – DEEPWATER CIRCUIT RESERVE AND KUMBATINE CRESCENT RESERVE - BASIN NO.S 8 & 10
(SMALLS CREEK CATCHMENT) 246 RESOLUTION
1. Council accept the tender offer of the Preferred Tenderer for Tender T22-0168 for the price and contingency set out in Confidential Attachment 1 to this report.
2. Council approve additional funds of $162,054 for the Kumbatine Crescent Reserve project which is funded from CP13. (Project code 710033).
3. Authority be delegated to the General Manager to execute the contracts relating to the tender.
ITEM 8 TENDER T22/0186 - PROVISION OF SECURITY SERVICES TO VARIOUS COUNCIL BUILDINGS & FACILITIESDOC
247 RESOLUTION
It is recommended that Council award Tender T22-0186 for Category 1 & 2 as set out in in the confidential tender evaluation report provided as an attachment to this report, with the General Manager authorised to execute the relevant contracts.
ITEM 9 INFORMATION AND STATUS REPORTSDOC INFO 248 RESOLUTION
1. The status of legal matters before all Courts as shown in Attachment 1 be noted (ECM Document No 20063728).
2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted (ECM Document Nos. 17211395, 17211394, 17211396 and 17211398).
3. The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No. 20093245).
ORDINARY MEETING OF COUNCIL 24 MAY 2022
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 10 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 10 in accordance with the following table and Section 11(2) of the Local Government Act.
ITEM NO.: 10
SUBJECT: TENDER FOR BUILDING WORKS 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
249 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 10 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 10 in accordance with the following table and Section 11(2) of the Local Government Act.
7.24pm Council entered into Closed Session.
ITEM 10 TENDER FOR BUILDING WORKS
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
ORDINARY MEETING OF COUNCIL 24 MAY 2022
250 RESOLUTION
1. Council accept the tender offer of the Preferred Tenderer for the price and contingency set out in Confidential Attachment 1 to this report.
2. Council approve additional funds as detailed in this report to be funded from Buildings Reserve to the relevant Capital Works Project.
3. Authority be delegated to the General Manager to execute the contract relating to the tender.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR HODGES THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
251 RESOLUTION
The meeting resume in Open Council
At 7.25pm 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 General Manager read out the resolution for Item 10.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 14 June 2022.
MAYOR GENERAL MANAGER
