MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 9 May 2017
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
COMMUNITY FORUM 3
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL 6 MCCAUSLAND PLACE, KELLYVILLE (4/2016/PLP)
4
ITEM-3 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - APRIL 2017
5
ITEM-4 LEASE OF PART FRED CATERSON RESERVE, GILBERT ROAD, CASTLE HILL TO HILLS DISTRICT BASKETBALL ASSOCIATION
5
ITEM-5 OPTUS RELOCATION EXPENDITURE - SEVEN HILLS
ROAD AND ARTHUR STREET, BAULKHAM HILLS 6
ITEM-6 BUDGET REVIEW AS AT 31 MARCH 2017 6
ITEM-7 HILLS SHIRE PLAN 2016/17 - REVIEW 3 6
ITEM-8 DRAFT HILLS SHIRE PLAN 2017/18 - 2020/2021 6
ITEM-9 DISPENSING WITH BY-ELECTION 6
ITEM-10 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - MAY 2017
6
ITEM-11 NSW FIRE & RESCUE INSPECTION & REPORT - 23- 25 CRANE ROAD, CASTLE HILL
7
QUESTIONS WITHOUT NOTICE 7
CLOSED COUNCIL 8
ITEM-12 COMPULSORY ACQUISITION OF 8 BALMORAL ROAD, KELLYVILLE
9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
This is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 9 May 2017
177 PRESENT
Clr Y D Keane (Mayor, in the Chair) Clr R A Preston (Deputy Mayor) Clr Dr M R Byrne
Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr Dr J N Lowe Clr R M Tracey
178 APOLOGIES Clr A N Haselden Clr M G Thomas
179 TIME OF COMMENCEMENT 7.09pm
180 TIME OF COMPLETION 8.13pm
181 DECLARATIONS OF INTEREST Item 10 - Councillor Dr Byrne 182 ARRIVALS AND DEPARTURES
7.13pm Councillor Tracey arrived at the meeting during Item 1.
7.14pm Councillor Dr Lowe left the meeting and returned at 7.16pm during Community Forum.
7.52pm Councillor Preston left the meeting and returned at 7.58pm during Item 11.
183 DISSENT FROM COUNCIL'S DECISIONS Nil.
184 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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7.13pm Councillor Tracey arrived at the meeting during Item 1.
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Minutes of the Ordinary Meeting of Council held on 11 April 2017 be confirmed.
THE MOTION WAS PUT AND CARRIED.
185 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 11 April 2017 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR BYRNE THAT the apologies from Councillor Haselden and Councillor Thomas be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
186 RESOLUTION
The apologies from Councillor Haselden and Councillor Thomas be accepted and leave of absence granted.
7.14pm Councillor Dr Lowe left the meeting and returned at 7.16pm during Community Forum.
COMMUNITY FORUM
187 BOUNDARY REALIGNMENT – BELLA VISTA AND KELLYVILLE
Mr James Chircop of Kellyville, on behalf of the Edgewater Action Group, advised Council that the Group believed the proposed boundary realignment between Bella Vista and Kellyville was unjust. The Group believes the boundary of Bella Vista Suburb should include the Edgewater Estate which is in close proximity to the new Bella Vista Station.
The Group have a petition of a few hundred signatures which will be tabled soon.
The Group requests Council consider the following facts in determining the boundaries:
1. Proximity to Bella Vista Station. Their estate is between 300m and 800m away from Bella Vista Station and 4kms away from Kellyville station. NSW State Government planning material indicates that the Government is planning to create a Bella Vista Precinct within an 800m radius from the station and the majority of their estate falls within this radius;
2. The quality of the houses in their estate is reflective of those currently in Bella Vista due to the land having the same building restrictions as noted in the 88b document of Edgewater Estate land. The developer, Mulpha, believes their estate is a natural extension of Bella Vista; and
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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3. A large portion of the residents of the estate are members, or eligible to be members, of the Norwest Community Association. This is the same Association in which the residents who currently reside in Bella Vista are members. This indicates that residents of our estate identify with and are active members of the local community in Bella Vista.
Mr Chircop made reference to a document on Council’s Website from the meeting held on 13 December 2016 which was Strategic Planning reasons for moving the current boundary line between Kellyville and Bella Vista.
“Bella Vista Station Precinct is currently partly within Bella Vista and partly within Kellyville suburb. It is expected that the residents of new development in the vicinity of the station will identify more readily with the Bella Vista Station”.
This reinforces the unjustness of the current proposal by using Strategic Planning’s own words “in the vicinity of the station” in which our estate falls in, especially considering the corridor earmarked for change to Bella Vista suburb along Old Windsor Road and up to Memorial Avenue is 1.2kms from the station.
The Group will would like to meet with the Councillors to discuss their proposal in detail and thanked the Councillors they have already met with and who have given their time to listen to their concerns.
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL 6
MCCAUSLAND PLACE, KELLYVILLE (4/2016/PLP) 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.
188 RESOLUTION
1. The planning proposal be progressed to finalisation to amend The Hills Local Environmental Plan 2012 as follows:
a. Amend Schedule 1 – Additional Permitted Uses and the associated Additional Permitted Uses Map to permit ‘residential flat buildings’ on land at 6 McCausland Place, Kellyville with a maximum yield of 20 dwellings;
b. Increase the maximum building height to 14 metres for the south-eastern portion of the site (where residential flat buildings are anticipated); and
c. Apply a “base floor space ratio” of 1:1 and an “incentivised floor space ratio”
of 1.6:1 to the south-eastern portion of the site (where residential flat buildings are anticipated).
2. Draft amendments to The Hills Development Control Plan Part D Section 7 – Balmoral Road Release Area as outlined in this report and provided as Attachment 1 (ECM No.15793560) be adopted.
Being a planning matter, the Mayor called for a division to record the votes on this matter
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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VOTING FOR THE MOTION Clr Keane
Clr Preston Clr Dr Byrne Clr Hay OAM Clr Harty OAM Clr Tracey Clr Dr Gangemi Clr Dr Lowe
VOTING AGAINST THE MOTION None
ABSENT Clr Thomas Clr Haselden
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT Items 3, 4, 5, 6, 7, 9 and 10 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
189 RESOLUTION
Items 3, 4, 5, 6, 7, 9 and 10 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-3 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - APRIL 2017
190 RESOLUTION
Council adopt the recommendations of the Local Traffic Committee for April 2017 as detailed in the report.
ITEM-4 LEASE OF PART FRED CATERSON RESERVE, GILBERT ROAD, CASTLE HILL TO HILLS DISTRICT BASKETBALL ASSOCIATION
191 RESOLUTION
Council enter into a lease with Hills District Basketball Association Inc. over part Lot 28 DP610074, Gilbert Road, Castle Hill under the terms outlined in this report with the lease authorised for execution under seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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ITEM-5 OPTUS RELOCATION EXPENDITURE - SEVEN HILLS ROAD AND ARTHUR STREET, BAULKHAM HILLS 192 RESOLUTION
Council approves expenditure with Optus Network Pty Ltd for an amount of up to
$250,000 (ex GST) including contingency for the relocation of their cables and infrastructure required for the installation of traffic signals at the intersection of Seven Hills Road and Arthur Street, Baulkham Hills on the basis that a satisfactory result would not be achieved by inviting tenders due to the unavailability of competitive or reliable tenderers.
ITEM-6 BUDGET REVIEW AS AT 31 MARCH 2017 193 RESOLUTION
The proposed budget variations in Attachment 1, Pages 6 to 10 and the variations detailed in page 11-31 be adopted. (ECM No. 15813936)
ITEM-7 HILLS SHIRE PLAN 2016/17 - REVIEW 3 194 RESOLUTION
The Operations Program Review 3 Report for the quarter ended 31 March 2017 be received.
ITEM-9 DISPENSING WITH BY-ELECTION 195 RESOLUTION
1. Council note that the Civic Office held by Councillor Mark Taylor and Councillor Andrew Jefferies is vacant.
2. Council apply to the Minister for Local Government (the Hon Gabrielle Upton MP) to make an Order under Section 294 of the Local Government Act 1993 that these vacancies not be filled until the 9 September 2017 Elections.
ITEM-10 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - MAY 2017 196 RESOLUTION
The requests listed in Attachment 1: Summary Table for Approval (ECM No. 161937743) be approved.
ITEM-8 DRAFT HILLS SHIRE PLAN 2017/18 - 2020/2021 A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR BYRNE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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197 RESOLUTION
The Draft Hills Shire Plan containing the Community Strategic Direction – Hills Future, Delivery Program, Operational Plan, and Resourcing Strategy containing the Draft FY 17/18 Budget, Capital Works Program and the Fees & Charges be endorsed and placed on public exhibition from Thursday 11 May 2017 to Wednesday 7 June 2017.
(Attachment 1).
7.52pm Councillor Preston left the meeting and returned at 7.58pm during Item 11.
ITEM-11 NSW FIRE & RESCUE INSPECTION & REPORT - 23- 25 CRANE ROAD, CASTLE HILL
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.
198 RESOLUTION
1. The Commissioner of FRNSW be advised that Council staff have issued a Notice of Intention to Give an Order to require a fire safety audit of the premises be undertaken by an independent appropriately accredited C10 Fire Safety Engineer or unrestricted A1 Accredited Certifier. Upon receipt of the audit, the deficiencies identified and their rectification will be subject to an Order.
2. The Minister for Planning be requested to amend section 121ZD of the Environmental Planning and Assessment Act 1979 to allow Councils to delegate authority to the General Manager to consider a report by the Fire Brigade, make a determination and issue an order, rather than having the report considered at the next council meeting.
QUESTIONS WITHOUT NOTICE
199 TRAFFIC – ENTERING AND EXITING MCDONALD’S – SAMANTHA RILEY DRIVE, KELLYVILLE
The Mayor requested Council to look at the traffic on Samantha Riley Drive entering and exiting the McDonald’s before there is a major accident.
200 SIGNAGE – SEVEN HILLS ROAD
Councillor Hay OAM thanked Council’s West Ward team and Manager Community Planning and Special Infrastructure Projects for replacing some signage along Seven Hills Road in the vicinity of Matthew Pearce Public School. The parents and teachers are very happy with the outcome and request some enforcement of the “Kiss and Drop” areas and the parking problems that still occur at peak periods.
201 BUDGET REVIEW - FINANCIAL ASSISTANCE GRANTS
Councillor Hay OAM advised in the Federal Government’s Budget Review this evening, the Financial Assistance Grants Freeze has been lifted and the Government is bringing
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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forward the indexation and the first payment to Councils for 2018. Both the Australian Local Government Women’s Association (ALGWA) and Local Government NSW are very happy with this outcome and this is also a great win for our rate payers.
202 PIONEER ROOM – CASTLE GRAND COMMUNITY CENTRE
Councillor Tracey asked for an update on conversion of the Pioneer Room to a theatre.
The Acting General Manager acknowledged that the conversion is not on schedule but detailed documentation has been completed for the Tender process. The budget will be estimated once the tender process is complete and a report will be presented to Council in a month or so for construction.
203 CLEAN-UP AFTER THE STORM
Councillor Dr Lowe on behalf of the residents thanked Council’s Central Ward Team that have cleaned up after the storm.
204 SAFETY AROUND SCHOOLS
Councillor Dr Lowe commended Council and the Local Area Commander on the joint operation to increase safety around schools during pick up and drop off times and enforcing road rules. Councillor Dr Lowe asked if the operation could be carried out at the bottom of Parsonage and Warwick Parade in Castle Hill.
205 EMERGENCY SERVICE VEHICLES – MILLCROFT WAY ENTRANCE TO SPORTING FIELDS
Councillor Preston tabled a letter from Mr and Mrs Spence of Beaumont Hills regarding issues experienced by emergency services vehicles due to traffic in the street.
206 ROAD, BUS AND PEDESTRIAN SAFETY ISSUES – HEZLETT ROAD AND SAMANTHA RILEY DRIVE, KELLYVILLE
Councillor Preston tabled a letter from Mrs Henderson of Kellyville regarding the traffic and safety issues on Hezlett Road and Samantha Riley Drive, Kellyville.
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 Item 12 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 12 in accordance with the following table and Section 11(2) of the Local Government Act.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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ITEM NO.: 12
SUBJECT: COMPULSORY ACQUISITION OF 8 BALMORAL ROAD, 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)(d)&(g)
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. Furthermore, if this acquisition was to proceed to litigation, it contains information that would be privileged from production in legal proceedings.
THE MOTION WAS PUT AND CARRIED 207 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 12 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 12 in accordance with the above table and Section 11(2) of the Local Government Act.
At 8.09pm Council entered into Closed Session.
ITEM-12 COMPULSORY ACQUISITION OF 8 BALMORAL ROAD, KELLYVILLE
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.
208 RESOLUTION
1. Council approve compensation of $11,278,992 plus statutory interest and additional legal fees of $14,260.40 GST Inclusive as full and final settlement, inclusive of all heads of compensation under Sections 55 to 60 of The Land Acquisition (Just Terms Compensation) Act 1991, for the compulsory acquisition of Lot 1 DP561523, 8 Balmoral Road, Kellyville with a Deed of Release &
Indemnity and Request document authorised for execution under seal.
2. The former owner be permitted to remain in occupation of the premises from final payment of compensation and execution of a Deed of Release & Indemnity until 31 August 2017 at the nominal rental of $1 per week.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 May 2017
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OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR HARTY OAM THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
209 RESOLUTION
The meeting resume in Open Council
At 8.11pm 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 resolution for Item 12.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 23 May 2017
MAYOR ACTING GENERAL MANAGER
