MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 PLANNING PROPOSAL 582 AND 582A OLD NORTHERN ROAD, DURAL (7/2015/PLP)
3
ITEM-3 PROPERTY DEALINGS RELATING TO
DEVELOPMENT MATTERS
5
ITEM-4 BERNIE MULLANE RESERVE - AMENDED MASTERPLANS
5
ITEM-5 PURCHASE OF LAND FOR ROAD WIDENING, 30 WITHERS ROAD, KELLYVILLE
5
ITEM-6 TRANSITIONAL AGREEMENT AND ASSET ALLOCATION
6
ITEM-7 BUDGET REVIEW AS AT 31 MAY 2016 6
ITEM-8 DRAFT HILLS SHIRE PLAN 2016/17 - 2019/20 7 ITEM-9 COUNCILLOR ATTENDANCE AT CONFERENCES 6 ITEM-10 APPLICATIONS FOR DONATIONS UNDER SECTION
356 OF THE LOCAL GOVERNMENT ACT - JUNE 2016
6
ITEM-11 INFORMATION AND STATUS REPORTS 6
QUESTIONS WITHOUT NOTICE 8
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
302 PRESENT
Clr Dr M R Byrne (Mayor, in the Chair) Clr Dr P J Gangemi
Clr R K Harty OAM Clr A N Haselden Clr A C Jefferies Clr R A Preston Clr M O Taylor MP Clr R M Tracey
303 APOLOGIES Clr Dr J N Lowe Clr A J Hay OAM
Clr Y D Keane (Deputy Mayor) Clr M G Thomas
304 TIME OF COMMENCEMENT 7.20pm
305 TIME OF COMPLETION 8.58pm
306 DECLARATIONS OF INTEREST Item 8 Councillor Tracey
307 ARRIVALS AND DEPARTURES
8.50pm Councillor Tracey left the meeting during Questions Without Notice.
308 DISSENT FROM COUNCIL'S DECISIONS Item 8 Councillor Tracey
309 ADJOURNMENT & RESUMPTION
The Meeting adjourned at 8.18pm during consideration of Item 8 and resumed at 8.29pm with all Councillors present.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR TAYLOR MP AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 14 June 2016 be confirmed.
THE MOTION WAS PUT AND CARRIED.
310 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 14 June 2016 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the apologies from Councillors Dr Lowe, Hay OAM, Keane and Thomas be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
311 RESOLUTION
The apologies from Councillors Dr Lowe, Hay OAM, Keane and Thomas be accepted and leave of absence granted.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
ITEM-2 PLANNING PROPOSAL 582 AND 582A OLD NORTHERN ROAD, DURAL (7/2015/PLP)
Proceedings in Brief
Frank Sartor representing the Applicant addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR HARTY OAM THAT:
A planning proposal be forwarded to the Department of Planning and Environment for a Gateway Determination to amend The Hills Local Environmental Plan 2012 to:
1. Rezone the site from RU6 Transition to B6 Business Enterprise;
2. Reduce the minimum lot size from two (2) hectares to 4,000m2;
3. Increase the maximum height of the building from 10 metres to 12 metres;
4. Include a new clause in Schedule 1 - Additional Permitted Uses in LEP 2012 to permit:
(a) A convenience supermarket with a gross floor area of no more than 1,500 m2;
(b) Bulky goods;
(c) Shop top housing not exceeding 20% of the total gross floor area approved for the site; and
5. Apply a floor space ratio of 1:1.to the site.
THE MOTION WAS PUT AND LOST.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Tracey
Clr Harty OAM
VOTING AGAINST THE MOTION Clr Dr M R Byrne
Clr Preston Clr Jefferies Clr Dr Gangemi Clr Taylor MP Clr A N Haselden ABSENT
Clr Keane Clr Hay OAM Clr Dr Lowe Clr Thomas
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR HASELDEN THAT The matter be deferred and the planning proposal held in abeyance, and Council undertake a holistic study into the current and future land use of the Dural Round Corner Precinct, with Hornsby Council.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
312 RESOLUTION
The matter be deferred and the planning proposal held in abeyance, and Council undertake a holistic study into the current and future land use of the Dural Round Corner Precinct, with Hornsby Council.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Tracey
Clr Harty OAM Clr Dr M R Byrne Clr Preston Clr Jefferies Clr Dr Gangemi Clr Taylor MP Clr A N Haselden
VOTING AGAINST THE MOTION None
ABSENT Clr Keane Clr Hay OAM Clr Dr Lowe Clr Thomas
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR TAYLOR THAT Items 3, 4, 5, 6, 7, 9, 10 and 11 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
313 RESOLUTION
Items 3, 4, 5, 6, 7, 9, 10 and 11 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-3 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
314 RESOLUTION Council consent to:
1. The release of a variable width right of access from the title of Lot 613 DP 1200567 (Stringer Road, Kellyville) and the Section 88B instrument associated with the final plan of subdivision be authorised for execution under Council seal.
2. The release of five restrictions and one positive covenant and the cancellation of six easements from the title of Lots 1, 6, 12 and 13 DP 270243 (2-14 Celebration Drive, Bella Vista) and the three request documents be authorised for execution under Council seal.
ITEM-4 BERNIE MULLANE RESERVE - AMENDED
MASTERPLANS 315 RESOLUTION
The Bernie Mullane Sports Complex Draft Master Plan to be placed on public exhibition for 28 days.
ITEM-5 PURCHASE OF LAND FOR ROAD WIDENING, 30 WITHERS ROAD, KELLYVILLE
316 RESOLUTION
1. Council agree to purchase Lot 1 DP 1199849, 30 Withers Road, 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 1 DP 1199849 as “Operational Land” upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 1 DP 1199849 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document authorised for execution under seal for lodgement at Land & Property Information.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
ITEM-6 TRANSITIONAL AGREEMENT AND ASSET
ALLOCATION 317 RESOLUTION
Council endorse the Transitional Agreement, Certification Agreement & the Asset Allocation Principles in Attachment 1 and 2 and the General Manager be given delegated authority to finalise and sign the Agreements (ECM DOC NOS. 14886459 and 14890326).
ITEM-7 BUDGET REVIEW AS AT 31 MAY 2016.DOCX
318 RESOLUTION
The proposed budget variations in Attachment 1, Pages 6 to 10 and the variations detailed in page 11-30 be adopted.
ITEM-9 COUNCILLOR ATTENDANCE AT CONFERENCES 319 RESOLUTION
The Conference Schedule for 2016/2017 be endorsed.
ITEM-10 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - JUNE 2016 320 RESOLUTION
The donations listed in summary table under Sporting/Cultural for Individual/Teams are approved.
ITEM-11 INFORMATION AND STATUS REPORTS
321 RESOLUTION
1. The status of legal matters before all Courts as shown in the Attachments 1, 2 and 3 be noted (ECM DOCUMENT NOs 14771677, 14771685 and 14771698).
2. The Status of Outstanding Resolutions as shown in the Attachment 4 be noted (ECM DOCUMENT NOS. 9650435 and 10138601). .
3. The Schedule of Questions and Answers at Council Meetings held in July 2015 shown in the Attachment 5 be noted (ECM DOCUMENT NOS. 14756613 and 14796258) ).
4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM DOCUMENT NO. 14787968).
5. The status of Development Applications awaiting determination as shown in the Attachment 7 be noted (ECM DOCUMENT NO14885131).
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
Councillor Tracey having previously declared a non-pecuniary and less than significant conflict of interest remained in the room.
The Meeting adjourned at 8.18pm during consideration of Item 8 and resumed at 8.29pm with all Councillors present.
ITEM-8 DRAFT HILLS SHIRE PLAN 2016/17 - 2019/20 A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DR GANGEMI THAT:
1. The Draft FY16/17 Hills Shire Plan consisting of the Hills Future Community Strategic Plan, Delivery Program, Capital Works Program contained in the Resourcing Strategy (Pages 41 to 118), Operational Plan (Pages 119 to 160), and the Fees & Charges (Pages 159 to 219) be adopted and funds be voted. (Attachment1)
2. The new Fees & Charges for Community Rooms & Function Rooms as outlined on Pages 167 to 171, Attachment 1 be adopted with the Casual and Community rate only to apply until 1 January 2017 when the commercial rate will be implemented.
3. The General Manager implement a priority booking procedure applying to regular venue bookings from the 1 January 2017 for not for profit and community groups.
4. Council adopt the Community Grants Program for FY 16/17. (Attachment 3).
5. That in respect of the submissions received, Council adopt the actions contained in Attachment 2 and write to the relevant parties to thank them for their submission and inform them of Council's decision.
THE MOTION WAS PUT AND CARRIED.
322 RESOLUTION
1. The Draft FY16/17 Hills Shire Plan consisting of the Hills Future Community Strategic Plan, Delivery Program, Capital Works Program contained in the Resourcing Strategy (Pages 41 to 118), Operational Plan (Pages 119 to 160), and the Fees & Charges (Pages 159 to 219) be adopted and funds be voted. (Attachment1)
2. The new Fees & Charges for Community Rooms & Function Rooms as outlined on Pages 167 to 171, Attachment 1 be adopted with the Casual and Community rate only to apply until 1 January 2017 when the commercial rate will be implemented.
3. The General Manager implement a priority booking procedure applying to regular venue bookings from the 1 January 2017 for not for profit and community groups.
4. Council adopt the Community Grants Program for FY 16/17. (Attachment 3).
5. That in respect of the submissions received, Council adopt the actions contained in Attachment 2 and write to the relevant parties to thank them for their submission and inform them of Council's decision.
(Councillor Tracey requested his name be recorded as opposing the resolution of Council in this matter.)
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
8.50pm Councillor Tracey left the meeting during Questions Without Notice.
QUESTIONS WITHOUT NOTICE
323 COUNCILLOR ATTENDANCE AT CITIZENSHIP CEREMONIES
Councillor Taylor advised that had received the information he requested at the Council Meeting of 14 June 2016 detailing Councillors attendance at Citizenship Ceremonies which had been reviewed over the current term and enquired how those attendance figures were collated.
The General Manager advised that a staff member had researched the running sheets and compared the running sheet to the photo of attendance.
Councillor Taylor expressed his disappointment that certain Councillors choose not to attend these ceremonies.
Councillor Jefferies enquired whether attendance at Citizenship Ceremonies is part of a Councillor’s duties.
The General Manager advised that citizenship is a Federal Government responsibility but is devolved to Local Government and funded as part of the Financial Assistance Grant and all Councillors are invited to attend.
324 TOPLACE SITE SAFETY ISSUES
Councillor Jefferies had received correspondence and photos from a resident regarding safety issues at the Toplace building site in Castle Hill CBD, showing serious breaches in terms of security measures and fencing.
The General Manager advised he would have the Compliance Team look at the site.
325 OAKES ROAD COMMUTER CAR PARK – ARTICLE IN THE HILLS SHIRE TIMES Councillor Jefferies raised the article in the Hills Shire Times about the purchase of the site at Oakes Road for commuter car parking. Councillor Jefferies enquired whether this Council could give all documents to the City of Parramatta Council’s Administrator to facilitate that Council in moving forward and getting the outcome resolved.
The General Manager confirmed all documents, unless confidential, would be handed to City of Parramatta Council.
The Group Manager - Strategic Planning, confirmed City of Parramatta Council had already been briefed on the issue and were aware of the strategy and discussions that have been held.
326 McDONALD’S RESTAURANT ON SAMANTHA RILEY DRIVE, KELLYVILLE
Councillor Preston had received an email from Mr Joel Gray of Kellyville in relation to the
construction of the McDonald’s Restaurant. Mr Gray asked if there had actually been
correspondence from the Police on the revised hours of operation of the McDonalds as
the Council Report used the word “believed” when referring to the Police acceptance. Mr
Gray would like a response from Council.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2016
The Group Manager - Environment & Planning, confirmed Council had contacted the Police after the Applicant had amended the hours and the Police indicated that the Applicant had addressed their concerns regarding 24 hour trading. Council would relay this to Mr Gray.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 12 July 2016.
MAYOR GENERAL MANAGER
