MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 June 2015
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ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
COMMUNITY FORUM 4
ITEM-2 REVIEW OF DEVELOPMENT CONTROL PLAN 2012 - INTRODUCTION AND RURAL SECTIONS (FP179)
5
ITEM-3 REVIEW OF DELEGATIONS 6
ITEM-4 PROPERTY DEALINGS RELATING TO
DEVELOPMENT MATTERS
7
ITEM-5 FIT FOR THE FUTURE SUBMISSION 9
ITEM-6 BUDGET REVIEW AS AT 31 MAY 2015 7
ITEM-7 DRAFT HILLS SHIRE PLAN 2015/16 - 2018/19 10 ITEM-8 TELECOMMUNICATIONS LEASE - LOT 60
MEMORIAL AVENUE, KELLYVILLE
8
ITEM-9 COUNTRY WOMEN'S ASSOCIATION - 2A ANGUS ROAD, KENTHURST
8
ITEM-10 COUNCILLOR ATTENDANCE AT CONFERENCES 8 ITEM-11 APPLICATIONS FOR DONATIONS UNDER SECTION
356 OF THE LOCAL GOVERNMENT ACT - JUNE 2015
8
ITEM-12 APPOINTMENTS AND RESIGNATIONS FROM VOLUNTEER COMMITTEES
8
ITEM-13 TENDER REPORT T15-27 - PROVISION OF CLEANING SERVICES TO VARIOUS COUNCIL PROPERTIES
8
ITEM-14 PROPOSED DRAINAGE EASEMENT WITHIN KELLYVILLE NETBALL COMPLEX RESERVE, WELLGATE AVENUE & WITHERS ROAD, KELLYVILLE
9
ITEM-15 INFORMATION AND STATUS REPORTS 9
QUESTIONS WITHOUT NOTICE 11
CLOSED COUNCIL 12
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 June 2015
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ITEM-16 PURCHASE OF PART 34 HEZLETT ROAD,
KELLYVILLE FOR PUBLIC RECREATION
13
ITEM-17 PURCHASE OF LAND FOR ROAD WIDENING AT 57- 69 SAMANTHA RILEY DRIVE, KELLYVILLE
13
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 June 2015
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290 PRESENT
Clr A C Jefferies (Mayor, in the Chair) Clr Dr P J Gangemi
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
291 APOLOGIES
Clr Dr M R Byrne Adjunct Professor (Deputy Mayor) Clr R K Harty OAM
Clr A J Hay OAM Clr R M Tracey
292 TIME OF COMMENCEMENT 7.19pm
293 TIME OF COMPLETION 9.04pm
294 DECLARATIONS OF INTEREST Nil.
295 ARRIVALS AND DEPARTURES
7.27pm Councillor Dr Gangemi arrived at the meeting during Community Forum.
7.34pm Councillor Dr Lowe left the meeting and returned at 7.36pm during Item 2.
8.14pm Councillor Taylor left the meeting and returned at 8.16pm during Item 5.
296 DISSENT FROM COUNCIL'S DECISIONS Nil.
297 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 June 2015
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ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR TAYLOR THAT the Minutes of the Ordinary Meeting of Council held on 9 June 2015 be confirmed.
THE MOTION WAS PUT AND CARRIED.
298 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 9 June 2015 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR HASELDEN THAT the apologies from Councillors Dr Byrne, Harty OAM, Hay OAM, and Tracey be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
299 RESOLUTION
The apologies from Councillors Dr Byrne, Harty OAM, Hay OAM, and Tracey be accepted and leave of absence granted.
7.27pm Councillor Dr Gangemi arrived at the meeting during Community Forum.
COMMUNITY FORUM
300 MANAGEMENT PLAN – BELLA VISTA FARM PARK
Mr Adrian Giuliano of Baulkham Hills asked if the parcel of land at Boundary Road, Maraylya was purchased some years ago for the express purpose of sports fields. He believes it had something to do with Bella Vista Water Estate not having fields built and an alternative block of land was purchased for the creation of 8 to 10 playing fields and to his understanding the land is still owned by Council and hasn’t been developed for playing fields. Is this correct?
The Mayor answered that there is some information on that and asked the Acting General Manager for an update.
The Acting General Manager replied that it is part of Council’s operational land holdings and that there is some history to this site. The Acting General Manager did not know the exact circumstances of buying the land, but it was envisaged as a solution to the deficit in Contribution Plan No 8, which is the Kellyville/Rouse Hill Release Area. There was a variety of advices to Council that suggest it cannot be funded by CP8 so it remains operational land. Council still holds it and it is still open for Council to develop it sometime in the future.
Mr Giuliano then asked given that there is currently a sports plan of management that is looking at taking current reserves and there is land sitting there that can be developed, is that not a potential solution to solving the needs rather than taking current passive recreation areas away from current reserves?
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The Acting General Manager replied that it would be a solution but not the only solution.
What’s been exhibited is a proposal that would reclassify or change the plan and management for certain reserves that would, if adopted, leave it open to Council to be able to use it for sports grounds as well as other uses consistent with the plan and management. So it is a solution but not the only solution.
The Mayor added that with our population of growth, Council are not just talking about four fields here; obviously Council is developing other fields at Caddies Creek, Kenthurst and at Balmoral Road as well. So that argument that it solves that problem is not really the correct answer. Given our population growth, which is significant and around 184,000 residents now, we are talking over 300,000 residents in up to 15 years’ time, Council will have to plan ahead and make decisions now and that’s why the four additional fields has been placed on exhibition.
Mr Giuliano then asked with regards to the growth going on in the areas right near the current passive recreation areas and moving ahead with developing the sports fields at an alternative site now and later on when the population grows, if it’s needed, Council should take the reserves then rather than taking the reserves now.
The Mayor replied that it’s not the case. Council does not make decisions lightly in terms of putting this out on exhibition. There will be significant population growth and Council will have to make some decisions around that.
Mr Giuliano then asked whether there is any way to get the other sport fields brought up in line earlier.
The Mayor replied yes. If you go through the Hills Shire Plan, which we are discussing in tonight’s Business Paper, there are fields there which Council is planning to move forward, Caddies Creek is still out on exhibition, but there are upgrades at Kenthurst that is certainly in the plan, Balmoral Road at Kellyville is already on exhibition, so if there are residents such as yourselves who I understand are running a campaign against this issue, please don’t feel that Council is not developing fields and is trying to get the cheap way out, that is not the case and it’s definitely not the intention. There are other fields that will be coming online as well and we know that with the population growth and what’s been asked of Council by the State Government, it is critical Council starts making decisions and planning for it now.
7.34pm Councillor Dr Lowe left the meeting and returned at 7.36pm during Item 2.
ITEM-2 REVIEW OF DEVELOPMENT CONTROL PLAN 2012 - INTRODUCTION AND RURAL SECTIONS (FP179) A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR KEANE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
301 RESOLUTION
1. Proposed amendments to Part A - Introduction and Part B Section 1 - Rural of Development Control Plan 2012 be publicly exhibited.
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2. North Kellyville and Box Hill Development Control Plans be amended to include the same advertising and notification procedures as proposed for the rest of the Shire and be exhibited concurrently with The Hills Development Control Plan 2012.
3. A planning proposal to amend Council’s Local Environmental Plan to prohibit rural workers dwellings in all rural zones within the Shire be prepared and forwarded to the Department of Planning Environment for a Gateway Determination.
MATTER ARISING
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR KEANE THAT Council contact Mr David Catt, Editor of Hills Shire Times to express their disappointment regarding the comments contained on their Facebook page on 23 June 2015 concerning the article “Hills Shire Council recommends reducing development application notification and advertising”.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
Being a Planning Matter, the Mayor called for a Division to record the votes on this matter.
VOTING FOR THE MOTION Clr Jefferies
Clr Thomas Clr Dr Lowe Clr Preston Clr Keane Clr Haselden Clr Taylor Clr Dr Gangemi
VOTING AGAINST THE MOTION None
ITEM-3 REVIEW OF DELEGATIONS
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
302 RESOLUTION
The delegations as outlined in attachment 2 be adopted.
Being a Planning Matter, the Mayor called for a Division to record the votes on this matter.
VOTING FOR THE MOTION Clr Jefferies
Clr Thomas Clr Dr Lowe Clr Preston
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Clr Keane Clr Haselden Clr Taylor Clr Dr Gangemi
VOTING AGAINST THE MOTION None
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR PRESTON THAT Items 4, 6, 8, 9, 10, 11, 12, 13, 14, and 15 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
303 RESOLUTION
Items 4, 6, 8, 9, 10, 11, 12, 13, 14, and 15 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-4 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
304 RESOLUTION Council consent to:
1. The cancellation of a 2m wide right of carriageway from the title of Lots 1307 and 1308 DP 1163493 and Lot 102 DP 1186053 (101, 103 and 104 Edgewater Drive, Kellyville/ Bella Vista) and the request document for each property cancelling the right of carriageway be authorised for execution under Council seal.
2. The cancellation of five separate easements for public access variable width from the title of Lots 7 and 17 DP 1166676 and Lots 21, 22 and 25 DP 1194623 (50 and 39 Thomas Boulton Circuit, 30 and 19 Water Creek Boulevard and 12 Friesian Avenue, Kellyville) and the five separate request documents be authorised for execution under Council seal.
ITEM-6 BUDGET REVIEW AS AT 31 MAY 2015 305 RESOLUTION
The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations detailed in page 7-22 be adopted.
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ITEM-8 TELECOMMUNICATIONS LEASE - LOT 60 MEMORIAL AVENUE, KELLYVILLE
306 RESOLUTION
Council commence negotiations with Crown Castle Australia Pty Ltd and other telecommunication carriers for lease renewal beyond 31 December 2017.
ITEM-9 COUNTRY WOMEN'S ASSOCIATION - 2A ANGUS ROAD, KENTHURST
307 RESOLUTION
Council approve a sub-licence to The Art Therapy Cottage Inc. ABN 80 416 386 052 as detailed in this report over Lot 394 DP 752047 being 2a Angus Road, Kenthurst.
ITEM-10 COUNCILLOR ATTENDANCE AT CONFERENCES 308 RESOLUTION
The conference schedule for 2015/2016 be endorsed.
ITEM-11 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - JUNE 2015 309 RESOLUTION
The donations listed in this report under Sporting/Cultural for Individual/Teams be approved.
ITEM-12 APPOINTMENTS AND RESIGNATIONS FROM
VOLUNTEER COMMITTEES 310 RESOLUTION
1. The resignations from Peter Field, John Ransome-Haberley, Buddy Julwan, Geoffrey Duncan from their respective S335 committees be endorsed and a letter sent to each thanking them for their contribution.
2. The nomination of Ben Jackson for the Balcombe Heights Estate Committee be endorsed.
ITEM-13 TENDER REPORT T15-27 - PROVISION OF CLEANING SERVICES TO VARIOUS COUNCIL PROPERTIES
311 RESOLUTION
1. All Tenders (T15-27) be rejected.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 June 2015
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2. Council call selected tenders for the provision of cleaning services to various Council buildings for a period of two years with a further three 1 year extensions subject to contractor performance, from the following; Quad Services, Shining Knight Facilities Services, TST Property Services, G&EM Cleaning Services, F & Z Cleaning Services and CHS Cleaning Services.
ITEM-14 PROPOSED DRAINAGE EASEMENT WITHIN
KELLYVILLE NETBALL COMPLEX RESERVE, WELLGATE AVENUE & WITHERS ROAD, KELLYVILLE 312 RESOLUTION
Council agree to the creation of a 1.5m wide drainage easement over public reserve Lot 101 DP 1140711 subject to payment of compensation as detailed in this report, and the applicant to reimburse all costs incurred by Council, with the Plan, Section 88B Instrument and Transfer Granting Easement authorised for execution under seal.
ITEM-15 INFORMATION AND STATUS REPORTS 313 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (13766586, 13766587 and 13766584).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (13650449, 9650425,9650435 and 10138601).
3. The Schedule of Questions and Answers at Council Meetings held in May 2015 shown in the Attachment 5 be noted (13733276 and 13767221).
4. The Letters of Appreciation as shown in the Attachment 6 be noted (13789671).
5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (13821175).
8.14pm Councillor Taylor left the meeting and returned at 8.16pm during Item 5.
ITEM-5 FIT FOR THE FUTURE SUBMISSION
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR TAYLOR THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY 314 RESOLUTION
1. This report and the completed Template 2 – Improvement Proposal in Attachment 1 (along with supporting documentation namely Annual Report FY 13/14, Hills Shire Plan FY 15/16, Community Survey 2014 and the NSW T Corp Assessment) be adopted and forwarded to IPART for consideration.
2. Council advises IPART that it does not agree to losing its rate base below the M2 to Parramatta City Council, other than the Oatlands area if Council’s preferred option is adopted.
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3. This Council reaffirms its position in regard to the need for reform of Local Government in New South Wales and the consideration of fewer Councils in Sydney.
4. A copy of this report with its recommendations be referred under cover of correspondence from the Mayor to the NSW Legislative Councils General Purpose Standing Committee No. 6, inquiry into Local Government NSW.
ITEM-7 DRAFT HILLS SHIRE PLAN 2015/16 - 2018/19 A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
315 RESOLUTION
1. The Draft Hills Shire Plan 2015/2016 consisting of the Hills Future Community Strategic Plan, Delivery Program, Resourcing Strategy, Operational Plan, and the Fees & Charges for the period 2015-2016 be adopted and funds be voted.
(Attachment 1).
2. Council make its Residential, Business and Farm Land rates for 2015/2016 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:
Residential Base Amount $466.87
Ad Valorem 0.111209 Cents in the
Dollar
Base Amount Yield 45.00%
Business Base Amount $323.80
Ad Valorem 0.274216 Cents in the
Dollar
Base Amount Yield 16.42%
Farmland Base Amount $404.70
Ad Valorem 0.077043 Cents in the
Dollar
Base Amount Yield 25.10%
3. Council fix its interest charge on overdue rates and charges in accordance with Section 566 (3) of the Local Government Act 1993 at the rate of 8.5% per annum daily simple interest, as determined by Minister for Local Government.
4. Council adopt the Community Grants Program for FY 2015/2016. (Attachment 3).
5. That in respect of the submissions received, Council adopt the Recommendations contained in Attachment 2 and write to the relevant parties to thank them for their submission and inform them of Council's decision.
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QUESTIONS WITHOUT NOTICE
316 CONVICTION FORUM AT PARRAMATTA RSL
Councillor Haselden advised that he had attended a Forum held at the Parramatta RSL sponsored by The Hills Shire and the Castle Hill RSL amongst others of an organisation called “Conviction” This forum was started by a number of young men in the Hills and Parramatta area that look at the issues confronting young men today. The forum was attended by around 250, Year 11 students. The main discussions were on the dangers on the use of Ice Methamphetamine and Steroid Abuse. Also attending was one of the Directors of ResMed, one of our constituent companies in the Hills area. Councillor Haselden commended Council’s support of “Conviction”.
317 COOTAMUNDRA 2015 BUSINESS AWARDS SPONSORSHIP
Councillor Haselden advised that he had attended on behalf of Council; the Cootamundra 2015 Business Awards Sponsorship held on Saturday 20 June 2015 at the Cootamundra Country Club and presented a Community Award for a Business that had been supporting the community in the most explanatory way. It was a great evening! The Award is a useful small contribution that Council’s makes and creates a nexus between the Sister Rural Shire.
318 SMOKE FREE BAN ON MAIN STREET, CASTLE HILL
Councillor Dr Gangemi congratulated Councillor Preston on achieving the Smoke Free Ban on Main Street which is well supported by our community.
319 CONGRATULATIONS COUNCILLOR DR BYRNE
Councillor Dr Gangemi and his fellow Councillors congratulated Councillor Dr Byrne and her husband, Matt, on the birth of their Twin daughters and wish her the best.
320 SMALLWOOD ROAD, GLENORIE
Councillor Preston tabled a letter from Mr & Mrs Macpherson regarding this matter.
321 UPGRADE OF CROWN ROADS IN THE HILLS SHIRE
Councillor Preston asked if Council could contact the new member for Hawkesbury Council to discuss the upgrade of Crown Roads in the Hills Shire Council. It’s in keeping with our rural residents and looking at further embellishing the comments on page 215 of the Business Paper.
322 CONGRATULATIONS – COUNCILLOR DR GANGEMI
Councillor Dr Lowe and his fellow Councillors congratulated Clr Dr Gangemi on completion of his Doctor of Philosophy.
323 CRACK DOWN ON ROGUE TROLLEYS – IN THE HILLS SHIRE
Councillor Dr Lowe asked if trolleys are littering the Shire, is there any way that Council can fine residents as they push the trolleys along the road?
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The Acting General Manager replied that Council cannot fine anyone but it could be categorised as illegal dumping.
The Acting General Manager advised that he would take the question on notice.
Councillor Thomas also asked whether there is a liability on destroying property.
The Acting General Manager advised that he would take the question on notice.
324 PARK IN PARSONAGE ROAD, CASTLE HILL
Councillor Dr Lowe reported that Council has replaced the soft fall in the park between Anthony Avenue and Whitling Avenue, and requested an update on when the modern and safe play equipment will be installed.
The Acting General Manager advised that he would take the question on notice.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR THOMAS THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 16 and 17 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 Items 16 and 17 in accordance with the following table and Section 11(2) of the Local Government Act.
TABLE OF CONFIDENTIAL MATTERS ITEM NO.: 16
SUBJECT: PURCHASE OF PART 34 HEZLETT 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.
ITEM NO.: 17
SUBJECT: PURCHASE OF LAND FOR ROAD WIDENING AT 57-69 SAMANTHA RILEY DRIVE, KELLYVILLE
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)
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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
325 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 16 and 17 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 Items 16 and 17 in accordance with the above table and Section 11(2) of the Local Government Act.
9.01pm Council entered into Closed Session.
ITEM-16 PURCHASE OF PART 34 HEZLETT ROAD, KELLYVILLE FOR PUBLIC RECREATION
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
326 RESOLUTION
1. Council agree to purchase Lot 231 in a subdivision of Lot 51 DP 877459 and Lot 210 DP 1167544, 34 Hezlett 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.
ITEM-17 PURCHASE OF LAND FOR ROAD WIDENING AT 57- 69 SAMANTHA RILEY DRIVE, KELLYVILLE
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
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327 RESOLUTION
1. Council agree to purchase Lot 17 DP 1208059, 57-69 Samantha Riley Drive, Kellyville being land designated SP2 Road Widening for the price detailed in this report with a Contract, Deed & Transfer authorised for execution under seal.
2. Council classify Lot 17 DP 1208059 as “Operational Land” upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 17 DP 1208059 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR THOMAS THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
328 RESOLUTION
The meeting resume in Open Council
At 9.02pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council Two (2) resolutions were passed. The General Manager read out the resolutions for Items 16 and 17.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 14 July 2015.
MAYOR GENERAL MANAGER
