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FINAL MINUTES - 14 APRIL 2015 - The Hills Shire Council

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

MAYORAL MINUTE 3/2015 WORKING WITH THE NSW GOVERNMENT 3 ITEM-2 POST EXHIBITION - PENNANT STREET TARGET SITE

PLANNING PROPOSAL (4/2012/PLP)

4

ITEM-3 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - MARCH 2015

5

ITEM-4 RELEASE OF EASEMENT TO DRAIN WATER - LOT 2 DP 853451, NO. 3 CELIA ROAD, KELLYVILLE

5

ITEM-5 RELEASE OF EASEMENTS - LOT 1006 DP 1205007, STRINGER ROAD, KELLYVILLE

5

ITEM-6 CANCELLATION OF EASEMENT FOR SUPPORT, EASEMENTS TO DRAIN WATER AND RIGHT OF ACCESS - LOTS 515, 527 AND 528 DP 1173649 AND LOTS 629 AND 636 DP 1183611, NO'S. 18 TWICKENHAM AVENUE, 24 AND 27 CARISBROOK STREET AND HEZLETT ROAD, KELLYVILLE

5

ITEM-7 VARIATION FOR TENDER T15-03 POLE RE- LOCATION & INSTALLATION FOR FUTURE TRAFFIC SIGNALS - INTERSECTION OF OLD NORTHERN ROAD

& GLENHAVEN ROAD, GLENHAVEN

7

ITEM-8 TENDER T15/-24 & T15/25 PROJECTS OVER

$127,000 ASPHALT & CONCRETE WORKS 2014- 2015/2015-2016

6

ITEM-9 EXPRESSION OF INTEREST - OFFER OF LICENCE FOR FUTURE COMMUNITY BASED PRE SCHOOL IN NORTH ROCKS RESERVE, CARLINGFORD (EOI 15-04)

6

ITEM-10 AGISTMENT LICENCE FOR PART LOTS 13 AND 14 DP 833724, BOUNDARY ROAD, MARAYLYA

7

ITEM-11 TRANSFER OF PART 26-28 WITHERS ROAD, KELLYVILLE FOR PUBLIC RECREATION

7

QUESTIONS WITHOUT NOTICE 7

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

150 PRESENT

Clr A C Jefferies (Mayor, in the Chair)

Clr Dr M R Byrne Adjunct Professor (Deputy Mayor) Clr P J Gangemi

Clr A J Hay OAM Clr A N Haselden Clr Y D Keane Clr Dr J N Lowe Clr R A Preston Clr M O Taylor Clr M G Thomas

151 APOLOGIES Clr R K Harty OAM Clr R M Tracey

152 TIME OF COMMENCEMENT 7.03pm

153 TIME OF COMPLETION 7.40pm

154 DECLARATIONS OF INTEREST Nil.

155 ARRIVALS AND DEPARTURES

7.11pm Councillor Hay OAM arrived at the meeting during Mayoral Minute.

7.28pm Councillor Taylor left the meeting and returned at 7.29pm during Item 7.

156 DISSENT FROM COUNCIL'S DECISIONS Nil.

157 ADJOURNMENT & RESUMPTION Nil.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR THAT the Minutes of the Extraordinary Meeting of Council held on 7 April 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

158 RESOLUTION

The Minutes of the Extraordinary Meeting of Council held on 7 April 2015 be confirmed.

APOLOGIES

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR THAT the apologies from Councillors Harty OAM and Tracey be accepted and leave of absence granted.

THE MOTION WAS PUT AND CARRIED.

159 RESOLUTION

The apologies from Councillors Harty OAM and Tracey be accepted and leave of absence granted.

7.11pm Councillor Hay OAM arrived at the meeting during Mayoral Minute.

MAYORAL MINUTE 3/2015 – WORKING WITH THE NSW GOVERNMENT

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR HASELDEN THAT the Mayoral Minute be received.

THE MOTION WAS PUT AND CARRIED.

160 RESOLUTION

1. Council welcomes the re-election of the Baird Government for a further four year term.

2. Council welcomes and congratulates Councillor Mark Taylor on his victory in the Seven Hills electorate.

3. Council resolves to write to the new Minister for Planning reiterating our unanimous position on SEPP65.

4. Council resolves to write to the new Minister for Transport reiterating our position on Light Rail for Carlingford.

5. Council resolves to write to the Minister for Local Government urging support for local government reform and our unanimously supported reform proposal.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 4 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

ITEM-2 POST EXHIBITION - PENNANT STREET TARGET SITE PLANNING PROPOSAL (4/2012/PLP)

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY 161 RESOLUTION

The planning proposal for the Pennant Street Target Site be forwarded to the Department of Planning and Environment for finalisation to amend Local Environmental Plan 2012 in the following manner:

i. Height of Building Map to change the height from 16 metres to 54 metres; and ii. Floor Space Ratio Map from 0.8:1 to 5.5:1.

Being a planning matter, the Mayor called for a division to record the votes on this matter

VOTING FOR THE MOTION Clr Jefferies

Clr Dr M R Byrne Adjunct Professor Clr Hay OAM

Clr Thomas Clr Dr Lowe Clr Preston Clr Taylor Clr Keane Clr Gangemi Clr Haselden

VOTING AGAINST THE MOTION None

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR BYRNE ADJUNCT PROFESSOR THAT Items 3, 4, 5, 6, 8, 9, 10 and 11 be moved by exception and the recommendations contained in the reports be adopted.

THE MOTION WAS PUT AND CARRIED.

162 RESOLUTION

Items 3, 4, 5, 6, 8, 9, 10 and 11 be moved by exception and the recommendations contained in the reports be adopted.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 5 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

ITEM-3 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - MARCH 2015

163 RESOLUTION

Council adopt the recommendations of the Local Traffic Committee for March 2015 as detailed in the report.

ITEM-4 RELEASE OF EASEMENT TO DRAIN WATER - LOT 2 DP 853451, NO. 3 CELIA ROAD, KELLYVILLE

164 RESOLUTION

Council consent to the release of the easement to drain water 3m wide from the title of Lot 2 DP 853451 and the Section 88B instrument associated with the final plan of subdivision for DA 700/2015/ZB that releases the easement be authorised for execution under Council seal.

ITEM-5 RELEASE OF EASEMENTS - LOT 1006 DP 1205007, STRINGER ROAD, KELLYVILLE

165 RESOLUTION

Council consent to the release of the two easements to drain water 3m wide, the easement for services variable width and the right of access variable width from the title of Lot 1006 DP 1205007 and the Section 88B instrument associated with the first and second stages of the final plan of subdivision for DA 1297/2012/ZB that release the easements be authorised for execution under Council seal.

ITEM-6 CANCELLATION OF EASEMENT FOR SUPPORT, EASEMENTS TO DRAIN WATER AND RIGHT OF ACCESS - LOTS 515, 527 AND 528 DP 1173649 AND LOTS 629 AND 636 DP 1183611, NO'S. 18 TWICKENHAM AVENUE, 24 AND 27 CARISBROOK STREET AND HEZLETT ROAD, KELLYVILLE

166 RESOLUTION

Council consent to the cancellation of the easement for support 3m wide from the title of Lots 515, 527 and 528 DP 1173649 and Lots 629 and 636 DP 1183611, the easement to drain water 3m wide from the title of Lots 515, 527 and 528 DP 1173649 and Lot 636 DP 1183611, the easement to drain water 6m wide from the title of Lot 629 DP 1183611 and the right of access 15m wide from the title of Lot 629 DP 1183611. Accordingly, the four separate request documents/ dealings be authorised for execution under Council seal and released to the applicant concurrently with the Subdivision Certificate and final plan of subdivision for DA 1079/2014/ZA.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 6 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

ITEM-8 TENDER T15/-24 & T15/25 PROJECTS OVER

$127,000 ASPHALT & CONCRETE WORKS 2014- 2015/2015-2016

167 RESOLUTION

1. Council accept tenders from the following contractors and approve expenditure up to the Tender amount plus contract contingency for the projects as listed below.

Tender T15-24 Asphalt projects

Project Tender

Amount

Contract Contingency

Contractor Anderson Road, Northmead $344,227.28 $17,211.36 J&E Excavations and Plant

Hire Pty Ltd

Bluegum Road, Annangrove $131,239.47 $6561.97 Downer EDI Pty Ltd Chelsea Avenue, Baulkham

Hills $219,576.25 $10,978.81 Downer EDI Pty Ltd

2. Council do not accept any of the tenders submitted Tender T15-25 Concrete projects

Project Tender

Amount Contract

Contingency Contractor Chelsea Avenue, Baulkham

Hills

Do not accept any tender

3. Council authorise the General Manager to issue projects, or parts of projects, from the above list to one of the alternate contractors if the successful contractor’s availability or performance of work is not satisfactory.

ITEM-9 EXPRESSION OF INTEREST - OFFER OF LICENCE FOR FUTURE COMMUNITY BASED PRE SCHOOL IN NORTH ROCKS RESERVE, CARLINGFORD (EOI 15-04)

168 RESOLUTION

Pursuant to Section 46 and 47 of the Local Government Act 1993, a Licence for the operation of the proposed Pre-School / Community facility at North Rocks Park Reserve No. 22, 358z North Rocks Road, Carlingford be entered into for a ten (10) year period with North Rocks Pre-school Incorporated as detailed in this report.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 7 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

ITEM-10 AGISTMENT LICENCE FOR PART LOTS 13 AND 14 DP 833724, BOUNDARY ROAD, MARAYLYA

169 RESOLUTION

Council enter into a two (2) year Agistment Licence with Billy and Elizabeth Tanti over part Lots 13 & 14 DP 833724, Boundary Road, Maraylya on the terms outlined in this report.

ITEM-11 TRANSFER OF PART 26-28 WITHERS ROAD, KELLYVILLE FOR PUBLIC RECREATION

170 RESOLUTION

1. Council agree to the transfer of Lot 139 in a subdivision of Lots C & D DP 27016, 26-28 Withers Road, Kellyville under the terms outlined in this report with a Contract, Deed and Transfer document authorised for execution under seal.

2. Upon acquisition, Lot 139 be classified as “Community Land” and deemed non- rateable pursuant to Sections 25 and 556 respectively of the Local Government Act, 1993.

7.28pm Councillor Taylor left the meeting and returned at 7.29pm during Item 7.

ITEM-7 VARIATION FOR TENDER T15-03 POLE RE- LOCATION & INSTALLATION FOR FUTURE TRAFFIC SIGNALS - INTERSECTION OF OLD NORTHERN ROAD

& GLENHAVEN ROAD, GLENHAVEN

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR GANGEMI THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

171 RESOLUTION

Council increase the amount allocated against Tender T15-03 by $75,000 from $250,000 to $325,000 (excluding GST) to be spent on variations associated with extra works undertaken by the approved Tenderer, Connect Infrastructure Constructions Pty Ltd plus contract contingency.

QUESTIONS WITHOUT NOTICE

172 PARKING SOLUTIONS HILLS CENTENARY OVAL – COMMERCIAL ROAD, ROUSE HILL

Councillor Taylor asked if Council could investigate a low cost option to assist with parking solutions at the Oval during sporting activities.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2015

The is Page 8 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 April 2015

173 CENTENARY OF ANZAC COMMEMORATIONS

Councillor Dr Lowe reminded everyone about the commencement of Commemorations of Anzac events this week-end at the Bella Vista Farm Park and thanked Councillor Dr Byrne and Councillor Harty OAM for working closely with him in the planning of this function. Councillor Dr Lowe commented that he encourages residents to use buses to travel to this event.

174 TRAFFIC CALMING MEASURES – MEMORIAL AVENUE, KELLYVILLE

Councillor Dr Lowe asked if Council could investigate options for traffic calming measures at Memorial Avenue, Kellyville after a number of accidents.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 28 April 2015.

MAYOR GENERAL MANAGER

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