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(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

COMMUNITY FORUM 4

ITEM-2 NOTICE OF MOTION - SENIORS HOUSING 5

ITEM-3 NOTICE OF RESCISSION - ACKNOWLEDGEMENT OF

TRADITIONAL LAND OWNERS 7

ITEM-4 PLANNING PROPOSAL - 6-12 AND 16-20 GARTHOWEN CRESCENT, CASTLE HILL (24/2016/PLP)

7

ITEM-5 POST EXHIBITION PLANNING PROPOSAL - 488 OLD NORTHERN ROAD, DURAL (1/2016/PLP)

9

ITEM-6 DRAFT CONTRIBUTIONS PLAN NO. 15 - BOX HILL PRECINCT & DRAFT BOX HILL VPA (FP187 &

FP216)

10

ITEM-7 DRAFT VPA AND DCP AMENDMENTS, PLANNING PROPOSAL - CECIL AVENUE AND ROGER AVENUE, CASTLE HILL (12/2016/PLP)

11

ITEM-8 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS

- JULY 2017 14

ITEM-9 ICAC INVESTIGATION REPORT - WS RID SQUAD 14 ITEM-10 LEASE OF CROPLEY HOUSE, 84 WATKINS ROAD,

BAULKHAM HILLS 14

ITEM-11 SALE OF BIODIVERSITY CREDITS - CADWELLS ROAD, KENTHURST BIOBANK SITE

12

ITEM-12 PURCHASE OF PART 19 FOXALL ROAD, KELLYVILLE

FOR PUBLIC RECREATION 12

ITEM-13 SUMMER SERIES OF EVENTS - 2017/2018 12 ITEM-14 APPLICATIONS FOR DONATIONS - AUGUST 2017 13 ITEM-15 TENDER T17/32 - PROVISION OF INSURANCE

BROKERAGE SERVICES

13

ITEM-16 TENDER T17/26 BERNIE MULLANE SPORTS COMPLEX - SYNTHETIC SPORTS FIELD:

VARIATION TO CONTINGENCY BUDGET

13

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ITEM-17 TENDER T17/38 CASTLE HILL COMMUNITY CENTRE - INSTALLATION OF THEATRE COMPONENTS INTO THE PIONEER ROOM AND REFURBISHMENT OF ASSOCIATED AREAS

15

ITEM-18 TENDER T17/31 CONSTRUCTION OF STORMWATER IMPROVEMENT AND ASSET PROTECTION WORKS IN TURON RESERVE

15

ITEM-19 TENDER T17/40 RIVER ROAD, EMBANKMENT STABILISATION WORKS, LOWER PORTLAND

13

ITEM-20 TENDER T17/41 HAWKESBURY RIVER FORESHORE IMPROVEMENT WORKS IN WISEMANS FERRY PARK, WISEMANS FERRY

14

QUESTIONS WITHOUT NOTICE 16

CLOSED COUNCIL 16

ITEM-21 POTENTIAL PROPERTY PURCHASE 17

ITEM-22 STATUS REPORT TRANSITIONAL SERVICE AGREEMENT - CITY OF PARRAMATTA (COP)

18

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

388 PRESENT

Clr R A Preston (Deputy Mayor, in the Chair) Clr Dr M R Byrne

Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr Dr J N Lowe Clr M G Thomas Clr R M Tracey

389 APOLOGIES

Clr Y D Keane (Mayor) 390 TIME OF COMMENCEMENT

7:13pm

391 TIME OF COMPLETION 10:42pm

392 DECLARATIONS OF INTEREST Item 6 Clr Dr P Gangemi 393 ARRIVALS AND DEPARTURES

8:50pm Clr Tracey left the meeting and returned at 8:57pm during Item 4.

9:11pm Clr Dr Byrne left the meeting and returned at 9:13pm during Item 5.

9:22pm Clr Dr Gangemi left the meeting for Item 6 and returned at 9:24pm for Item 7.

9:54pm Clr Dr Lowe left the meeting and returned at 9:56pm during Item 10.

10:01pm Clr Dr Gangemi left the meeting and returned at 10:03pm during Item 17.

10:06pm Clr Dr Lowe left the meeting and returned at 10:07pm during Item 17.

394 DISSENT FROM COUNCIL'S DECISIONS Nil.

395 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 8 August 2017

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR TRACEY THAT the Minutes of the Ordinary Meeting of Council held on 25 July 2017 be confirmed.

THE MOTION WAS PUT AND CARRIED.

396 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 25 July 2017 be confirmed.

APOLOGIES

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the apology from Mayor, Councillor Keane be accepted and leave of absence granted.

THE MOTION WAS PUT AND CARRIED.

397 RESOLUTION

The apology from Mayor, Councillor Keane be accepted and leave of absence granted.

COMMUNITY FORUM

398 PARKING AT FUTURE CASTLE HILL RAIL STATION

Ms Catherine Woolnough from Baulkham Hills advised residents were enthusiastic about using the future station but there were concerns about the lack of commuter parking.

Ms Woolnough asked what Council was planning to do about the provision of all day parking or accessible parking spots at the future Castle Hill Rail Station.

The General Manager advised that the commuter car parking for the North West Rail Link is provided in the main by the Government and Castle Hill is not a car parking station.

Council does have car parking at Terminus Street and obviously the street network for commuters to park. Council has made submissions to the Government about the car parking issue.

399 DEVELOPMENT IN CASTLE HILL

Mrs Idalia De Vos of Castle Hill asked what Council was doing to protect the residents of Castle Hill affected by the high rise development. Ms De Vos noted that Council has replaced Inspectors with Compliance Officers. Ms De Vos has contacted Councillors by email and has had no response. Ms De Vos would like to know how many Compliance Officers Council has available to both inspect the enormous amount of development applications and the residents affected by these development. Ms De Vos noted that Council was approving huge high rise developments on small parcels of land but not protecting and providing for longstanding residents who were being pushed out of the picture.

The Deputy Mayor asked if there was anything in particular Mrs De Vos was referring to from her own personal experience?

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

Mrs De Vos advised that when the development was occurring beside her house, the developer used her driveway and knocked down her fences and when she asked Council whether they could assist her, the answer was “Sorry it does not involve us; it’s now between you and the developer”. Mrs De Vos said the Developer do not in any way consider her needs.

The General Manager stated that Council would not have the time to cover the range of issues that were canvassed in terms of our responsibilities for managing growth and the changes in the Shire as a result of the need to find more housing for Sydney. Council resources are dealt with every year in the annual operational plan and the four year delivery plan. Council has an adequate number of Compliance Officers and many of the new developments that are approved are not inspected by Council but by private certifiers. Council has ultimate regulatory responsibility and at this stage the resources in the plan are adequate.

ITEM-2 NOTICE OF MOTION - SENIORS HOUSING

Proceedings in Brief

Mr Phillip Taylor of Dural addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HASELDEN THAT

1. Council seek a meeting with the Minister for Planning to discuss amendments to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, to better address the construction of seniors housing on rural land that adjoins urban land.

2. The General Manager undertake a review of Local Environmental Plan 2012 to:

a) ensure that The Hills Local Environmental Plan 2012 supports seniors housing in appropriate locations close to centres which incorporate retail, medical and community facilities and access to public transport; and

b) explore opportunities to create a gradual visual transition between rural activities, including rural residential development and the more densely constructed housing at the urban fringe. This investigation could include opportunities to implement a transition of lot size between the densely developed seniors housing developments and the current 2ha rural lifestyle housing within the RU6 Transition zone.

c) Consider possible reforms that would enable a greater integration of seniors with the broader community in fringe developments.

3. The outcomes of the review be reported to Council.

AN AMENDMENT WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HARTY OAM THAT the matter be deferred to a Strategic Planning Workshop to be held in November 2017.

THE AMENDMENT WAS PUT AND LOST.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

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

VOTING FOR THE AMENDMENT Clr R M Tracey

Clr A J Hay OAM Clr R K Harty OAM

VOTING AGAINST THE AMENDMENT Clr R A Preston

Clr Dr J N Lowe Clr Dr P J Gangemi Clr Dr M R Byrne Clr A N Haselden Clr M G Thomas ABSENT

Clr Y D Keane

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

400 RESOLUTION

1. Council seek a meeting with the Minister for Planning to discuss amendments to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, to better address the construction of seniors housing on rural land that adjoins urban land.

2. The General Manager undertake a review of Local Environmental Plan 2012 to:

a) ensure that The Hills Local Environmental Plan 2012 supports seniors housing in appropriate locations close to centres which incorporate retail, medical and community facilities and access to public transport; and

b) explore opportunities to create a gradual visual transition between rural activities, including rural residential development and the more densely constructed housing at the urban fringe. This investigation could include opportunities to implement a transition of lot size between the densely developed seniors housing developments and the current 2ha rural lifestyle housing within the RU6 Transition zone.

c) Consider possible reforms that would enable a greater integration of seniors with the broader community in fringe developments.

3. The outcomes of the review be reported to Council.

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

VOTING FOR THE MOTION Clr R A Preston

Clr Dr J N Lowe Clr Dr P J Gangemi Clr Dr M R Byrne Clr A N Haselden Clr M G Thomas Clr R M Tracey

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

Clr A J Hay OAM Clr R K Harty OAM

VOTING AGAINST THE MOTION None

ABSENT Clr Y D Keane

ITEM-3 NOTICE OF RESCISSION - ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HARTY OAM THAT the decision of the Ordinary Meeting of Council held on 25 July 2017 in respect of Item 2 – Acknowledgement of Traditional Land Owners be rescinded.

THE MOTION WAS PUT AND LOST.

Councillors Harty OAM and Hay OAM rose for a Division. The result of the Division was as follows:-

VOTING FOR THE MOTION Clr R K Harty OAM

Clr A J Hay OAM Clr Dr J N Lowe Clr R M Tracey

VOTING AGAINST THE MOTION Clr R A Preston

Clr Dr M R Byrne Clr Dr P J Gangemi Clr M G Thomas Clr A N Haselden ABSENT

Clr Y D Keane

8:50pm Clr Tracey left the meeting and returned at 8:57pm during Item 4.

ITEM-4 PLANNING PROPOSAL - 6-12 AND 16-20

GARTHOWEN CRESCENT, CASTLE HILL (24/2016/PLP)

Proceedings in brief

Mr Michael Harrison – Urban Designer Architect representing the applicant addressed Council regarding this matter.

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

THE MOTION WAS PUT AND CARRIED.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

401 RESOLUTION

1. A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend Schedule 1 Additional Permitted Uses of LEP 2012 to permit residential flat buildings on the site, with a maximum floor space ratio of 3:1 and maximum height of 18 storeys, subject to achieving the following criteria:

a) Full compliance with the requirements set out in Clause 7.12 (3) (a) to (e) of The Hills Local Environmental Plan 2012 (housing mix and diversity);

b) Amalgamation of the site (including Lots 23, 24, 25, 28, 29 and 30 in DP222257 and SP40627) to form one development site;

c) Provision of a 7.5 metre setback to both sides of Garthowen Crescent;

d) Achievement of a ‘sensitive’ response to the adjoining heritage item ‘Garthowen House’. This must include the location of ground level common open space at the common boundary between Lot 28 DP222257 and Lot 2 DP533390;

e) Provision of a through-site link with public right of carriage for pedestrian movement, in the western portion of the site, connecting between both Garthowen Crescent frontages; and

f) Provision of a consolidated basement parking area which provides through-site vehicular access (for residents) to entry/exit points at both the northern and southern frontages to Garthowen Crescent.

2. The proponent be requested to provide additional overshadowing and traffic analysis, as detailed within this report, prior to any public exhibition of the planning proposal.

3. Council undertake discussions with the proponent with respect to the preparation of a draft Voluntary Planning Agreement which resolves how the proponent will address the increased demand for local infrastructure generated by the proposed increase in residential density.

4. Following the preparation of the draft Voluntary Planning Agreement, and prior to any public exhibition of the planning proposal, a report on the draft Voluntary Planning Agreement be submitted to Council for consideration.

5. Draft The Hills Development Control Plan 2012 Part D Section 20 – Castle Hill North (Attachment 1) be exhibited concurrently with the planning proposal.

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

VOTING FOR THE MOTION Clr R A Preston

Clr Dr J N Lowe Clr Dr P J Gangemi Clr A N Haselden Clr M G Thomas Clr R M Tracey Clr A J Hay OAM Clr R K Harty OAM

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

VOTING AGAINST THE MOTION Clr Dr M R Byrne

ABSENT Clr Y D Keane

9:11pm Clr Dr Byrne left the meeting and returned at 9:13pm during Item 5.

ITEM-5 POST EXHIBITION PLANNING PROPOSAL - 488 OLD NORTHERN ROAD, DURAL (1/2016/PLP)

Proceedings in brief

Mr Warwick Gosling of DFP Planning representing Ms Ing Lee of Dural addressed Council regarding this matter.

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

THE MOTION WAS PUT AND CARRIED.

402 RESOLUTION

1. Council progress the planning proposal, seeking the following amendments to LEP 2012 for land 488-494 Old Northern Road, Dural, to finalisation:

a. Amend the Height of Buildings Map from 10 metres to 18 metres for the southern portion of the land zoned B2 Local Centre and 14 metres for the northern portion of the land zoned B2 Local Centre; and

b. Amend the Floor Space Ratio Map from 0.75:1 to 1.22:1 across the whole of the land zoned B2 Local Centre.

2. The draft amendments to DCP 2012 (Part B Section 6 – Business) be adopted and come into force following the notification of the planning proposal on the NSW Legislation website.

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

VOTING FOR THE MOTION Clr R A Preston

Clr Dr P J Gangemi Clr A N Haselden Clr M G Thomas Clr R K Harty OAM Clr Dr M R Byrne

VOTING AGAINST THE MOTION Clr Dr J N Lowe

Clr R M Tracey Clr A J Hay OAM

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ABSENT Clr Y D Keane

9:22pm Clr Dr Gangemi having previously declared a significant pecuniary conflict of interest for Item 6, left the meeting and returned at 9:24pm for Item 7.

ITEM-6 DRAFT CONTRIBUTIONS PLAN NO. 15 - BOX HILL PRECINCT & DRAFT BOX HILL VPA (FP187 & FP216) 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.

403 RESOLUTION

1. Contributions Plan No.15 – Box Hill Precinct, as amended and provided at Attachment 3, be adopted.

2. Council write to the Minister for Planning to provide a copy of the revised Contributions Plan No.15 – Box Hill Precinct (Attachment 3) and request confirmation that the Plan is now endorsed and eligible to receive Local Infrastructure Growth Scheme (‘contribution gap’) funding, both retrospectively and in the future.

3. The draft Voluntary Planning Agreement (Attachment 4) be publicly exhibited for a period of 28 days.

4. Following the completion of the public exhibition period and receipt of advice from the Minister for Planning which provides formal endorsement of Contributions Plan No.15 – Box Hill Precinct and confirmation that ‘contribution gap’ funding will be available (both retrospectively and into the future), the draft VPA and any submissions received during the public exhibition period be reported to Council for consideration.

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

VOTING FOR THE MOTION Clr R K Harty OAM

Clr R M Tracey Clr A N Haselden Clr R A Preston Clr Dr J N Lowe Clr Dr M R Byrne Clr A J Hay OAM Clr M G Thomas

VOTING AGAINST THE MOTION None

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ABSENT Clr Y D Keane

ABSENT FROM THE ROOM Clr Dr P J Gangemi

ITEM-7 DRAFT VPA AND DCP AMENDMENTS, PLANNING PROPOSAL - CECIL AVENUE AND ROGER AVENUE, CASTLE HILL (12/2016/PLP)

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

THE MOTION WAS PUT AND CARRIED.

404 RESOLUTION

1. The draft Voluntary Planning Agreement and draft amendments to the Development Control Plan be publicly exhibited concurrently with the associated planning proposal (12/2016/PLP).

2. The draft Voluntary Planning Agreement be subject to a legal review at the cost of the proponent.

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

VOTING FOR THE MOTION Clr R A Preston

Clr Dr J N Lowe Clr A N Haselden Clr M G Thomas Clr R M Tracey Clr A J Hay OAM Clr R K Harty OAM

VOTING AGAINST THE MOTION Clr Dr M R Byrne

Clr Dr P J Gangemi ABSENT

Clr Y D Keane

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT Items 11, 12, 13, 14, 15, 16, 19 and 20 be moved by exception and the recommendations contained in the reports be adopted.

THE MOTION WAS PUT AND CARRIED.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

405 RESOLUTION

Items 11, 12, 13, 14, 15, 16, 19 and 20 be moved by exception and the recommendations contained in the reports be adopted.

ITEM-11 SALE OF BIODIVERSITY CREDITS - CADWELLS ROAD, KENTHURST BIOBANK SITE

406 RESOLUTION

1. Council agree to sell Lendlease Bouygues Joint Ventures on behalf of Roads and Maritime Services 30 (HN586) Smooth-barked Apple – Red Bloodwood – Sydney Peppermint ecosystem credits at $165,000 GST Exclusive from the Biobank site located at Cadwells Road, Kenthurst.

2. Council agree to sell Lendlease Bouygues Joint Ventures 13 (HN566) Red Bloodwood – Scribbly Gum ecosystem credits at $71,500 GST Exclusive from the Biobank site located at Cadwells Road, Kenthurst.

3. The Application to transfer the Biodiversity Credits be authorised for execution under Seal.

4. For the sale of ecosystem credits in this report, and the future sale of ecosystem credits, the dealing must be finalised within a 12 month period from the date of the Council report and resolution.

ITEM-12 PURCHASE OF PART 19 FOXALL ROAD, KELLYVILLE FOR PUBLIC RECREATION

407 RESOLUTION

1. Council agree to purchase Lot 1 in Plan of Acquisition DP1233286 (Part Lot 5 DP22337), 19 Foxall Road, Kellyville being land designated public recreation for

$1,100,000 plus GST as outlined 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-13 SUMMER SERIES OF EVENTS - 2017/2018 408 RESOLUTION

Council adopt the list of recommended events to be part of the Summer Series of Events for 2017/2018.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ITEM-14 APPLICATIONS FOR DONATIONS - AUGUST 2017 409 RESOLUTION

That the requests listed in Summary Table of Grants and Donations for Approval - August 2017 (ECM No: 162585766) be approved.

ITEM-15 TENDER T17/32 - PROVISION OF INSURANCE BROKERAGE SERVICES

410 RESOLUTION

Jardine Lloyd Thompson Australia Pty Ltd be appointed as Councils insurance brokers for the provision of Public Liability/Professional Indemnity, Councillors and Officers Insurance, Industrial Special Risks, Motor Vehicle, Crime, Cyber, Casual Hirers, Corporate Travel and Personal Accident, Employee Journey and Construction Insurance requirements for three years commencing from 4.00pm on 31 October 2017, subject to satisfactory annual performance reviews, with an option exercisable by the General Manager to extend this arrangement for a further two years, subject to satisfactory annual performance reviews. The insurance providers, level of cover, sub-limits and excess/deductible and aggregate to be determined by the General Manager.

ITEM-16 TENDER T17/26 BERNIE MULLANE SPORTS

COMPLEX - SYNTHETIC SPORTS FIELD: VARIATION TO CONTINGENCY BUDGET

411 RESOLUTION

1. Council approve the Carry Over of the remaining Budget of $3,160,796 from the FY 16/17 Capital Works Projects No.310144 to FY 17/18.

2. Council approves a revised expenditure amount for the construction of the synthetic sports fields at Bernie Mullane Sports complex by TurfOne Pty Ltd of up to $2,920,283 (excl. GST) for the Tender amount including a contingency sum.

ITEM-19 TENDER T17/40 RIVER ROAD, EMBANKMENT

STABILISATION WORKS, LOWER PORTLAND 412 RESOLUTION

1. Council rejects all Tenders on the basis that it is not possible to determine if Council is obtaining best value for money.

2. Council utilise the available grant funding to engage a specialist consultant to provide further specialist advice and calls fresh tenders and approaches RMS to seek additional funds prior to reporting the results of the fresh tender back to Council.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ITEM-20 TENDER T17/41 HAWKESBURY RIVER FORESHORE IMPROVEMENT WORKS IN WISEMANS FERRY PARK, WISEMANS FERRY

413 RESOLUTION

1. Council approve the Carry Over of the remaining Budget of $248,991 from the FY 16/17 Capital Works Projects No.750104 to FY 17/18.

2. Council accept the tender from Collective Civil Pty Ltd for the Construction of Retaining Structures and associated revegetation works along the foreshore in Wisemans Ferry Park and approve expenditure up to $210,663.10(excluding GST) for the Tender amount including contingency.

ITEM-8 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - JULY 2017

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

THE MOTION WAS PUT AND CARRIED.

414 RESOLUTION

Council adopt the recommendations of the Local Traffic Committee for July 2017 as detailed in the report.

ITEM-9 ICAC INVESTIGATION REPORT - WS RID SQUAD A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR LOWE THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

415 RESOLUTION

The report be received.

9:54pm Clr Dr Lowe left the meeting and returned at 9:56pm during Item 10.

ITEM-10 LEASE OF CROPLEY HOUSE, 84 WATKINS ROAD, BAULKHAM HILLS

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR GANGEMI THAT

1. Council agree to the leasing of Cropley House, 84 Watkins Road, Baulkham Hills to Cropley House Pty Ltd (ACN 615 658 985) on the terms and conditions as detailed in this report for Option 2 with a lease authorised for execution under Seal.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

2. A report be provided at a Councillor Workshop with options on enhancing and improving the use of the grounds surrounding Cropley House.

THE MOTION WAS PUT AND CARRIED.

416 RESOLUTION

1. Council agree to the leasing of Cropley House, 84 Watkins Road, Baulkham Hills to Cropley House Pty Ltd (ACN 615 658 985) on the terms and conditions as detailed in this report for Option 2 with a lease authorised for execution under Seal.

2. A report be provided at a Councillor Workshop with options on enhancing and improving the use of the grounds surrounding Cropley House.

10:01pm Clr Dr Gangemi left the meeting and returned at 10:03pm during Item 17.

10:06pm Clr Dr Lowe left the meeting and returned at 10:07pm during Item 17.

ITEM-17 TENDER T17/38 CASTLE HILL COMMUNITY CENTRE - INSTALLATION OF THEATRE COMPONENTS INTO THE PIONEER ROOMS AND REFURBISHMENT OF ASSOCIATED AREAS

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

THE MOTION WAS PUT AND CARRIED.

417 RESOLUTION

Council rejects all tenders on the basis that it cannot be certain that it is getting best value for money and recalls fresh tenders at a suitable time to attract a greater response.

ITEM-18 TENDER T17/31 CONSTRUCTION OF STORMWATER IMPROVEMENT AND ASSET PROTECTION WORKS IN TURON RESERVE

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR BYRNE THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

418 RESOLUTION

1. Council approve the Carry Over of the remaining Budget of $188,333 from the FY 16/17 Capital Works Projects Number 750103 to FY 17/18.

2. Council approve additional funds from Stormwater Levy Reserves of $500,000 (excluding GST).

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

3. Council accept the tender from Western Earth Moving Pty Ltd for the Construction of Headwall armouring, erosion control and waterway rehabilitation for all areas, upstream of Jasper Road to the footbridge, Turon Reserve, Baulkham Hills and approves expenditure up to $662,945.75 (excluding GST) for the Tender amount including contingency.

QUESITONS WITHOUT NOTICE

419 FOX BAITING IN COUNCIL PARKS AN RESERVES

Councillor Hay OAM requested in writing how Council informs our residents who are vision impaired, blind or otherwise sight or vision challenged and/or reliant upon a companion animal or guide dog as to the timing of fox baiting in our Council Parks and Reserves and when they may safely return to exercise their animals in these reserves.

420 THANK YOU

Councillor Dr Gangemi thanked the people from the Community, Council and his party for their messages of support and well wishes over the last few months. Councillor Dr Gangemi was completely overwhelmed by the correspondence he has received.

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 21 and 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 Items 21 and 22 in accordance with the following table and Section 11(2) of the Local Government Act.

ITEM NO.: 21

SUBJECT: POTENTIAL PROPERTY PURCHASE 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.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

ITEM NO.: 22

SUBJECT: STATUS REPORT TRANSITIONAL SERVICE AGREEMENT – CITY OF PARRAMATTA (CoP)

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 421 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 21 and 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 Items 21 and 22 in accordance with the above table and Section 11(2) of the Local Government Act.

10.20pm Council entered into Closed Session.

ITEM-21 POTENTIAL PROPERTY PURCHASE

A MOTION WAS MOVED BY COUNCILLOR DR BYRNE AND SECONDED BY COUNCILLOR THOMAS THAT

1. Council agree to make a “Without Prejudice” offer to purchase Lot 2, DP712547, 191 Maguires Road, Box Hill for the price and terms detailed in this report with a Deed, Contract and Transfer authorised for execution under seal.

2. The General Manager be authorised to negotiate a higher offer, should it be necessary, to a maximum amount of 10% of the amount detailed in Option 1 in this report subject to the approval of the Mayor and Deputy Mayor.

3. The subject land parcel be classified as “Operational Land” pursuant to Section 25 of the Local Government Act 1993.

4. Council utilise funds from Council’s Reserves to purchase this property.

THE MOTION WAS PUT AND CARRIED.

(18)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

422 RESOLUTION

1. Council agree to make a “Without Prejudice” offer to purchase Lot 2, DP712547, 191 Maguires Road, Box Hill for the price and terms detailed in this report with a Deed, Contract and Transfer authorised for execution under seal.

2. The General Manager be authorised to negotiate a higher offer, should it be necessary, to a maximum amount of 10% of the amount detailed in Option 1 in this report subject to the approval of the Mayor and Deputy Mayor.

3. The subject land parcel be classified as “Operational Land” pursuant to Section 25 of the Local Government Act 1993.

4. Council utilise funds from Council’s Reserves to purchase this property.

ITEM-22 STATUS REPORT TRANSITIONAL SERVICE

AGREEMENT - CITY OF PARRAMATTA (COP)

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR HARTY OAM THAT

1. The Status Report and the information contained therein be noted and received by Council.

2. The General Manager be authorised to finalise a reply to the Letter of Demand dated 1 August 2017.

3. The General Manager be authorised to pay the invoice issued by The City of Parramatta, dated 23 June 2017, in compliance with the terms of the Transitional Service Agreement.

THE MOTION WAS PUT AND CARRIED.

423 RESOLUTION

1. The Status Report and the information contained therein be noted and received by Council.

2. The General Manager be authorised to finalise a reply to the Letter of Demand dated 1 August 2017.

3. The General Manager be authorised to pay the invoice issued by The City of Parramatta, dated 23 June 2017, in compliance with the terms of the Transitional Service Agreement.

OPEN COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the meeting resume in Open Council.

THE MOTION WAS PUT AND CARRIED.

(19)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 August 2017

424 RESOLUTION

The meeting resume in Open Council

At 10:40pm 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 21 and 22.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 22 August 2017.

MAYOR GENERAL MANAGER

Referensi

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