This is page 2 of the minutes of the ordinary meeting of the Hills Shire Council 269 OFFER. A MOTION WAS MADE BY COUNCILOR TAYLOR MP AND MOVED BY COUNCILOR DR LOWE THAT THE MINUTES OF THE REGULAR COUNCIL MEETING HELD ON 24 MAY 2016 BE CONFIRMED.
THE SITE
PLANNING PROPOSAL
For these reasons, the site is not considered a suitable location for medium density residential development. The current site use provides a more appropriate transition between low density and rural land uses than the proposed medium density residential concept.
MATTERS FOR CONSIDERATION
The planning proposal is heavily dependent on the assumption that medium density housing on the site will be compatible with the future context of the site, stating that the site is located in an area identified for population growth, residential diversity and reduced lot sizes. Under the proposal, a total of 0.63 hectares of transitional sandstone shale forest would be removed.
B6 BUSINESS ENTERPRISE ZONE
While this FSR is consistent with other zone B6 lands within the Shire, it is not the defining control for the site. It is noted that the applicant seeks the facilitation of a supermarket to make the site economically viable.
ROUND CORNER DURAL PRECINCT
Nevertheless, the site is directly adjacent to the existing Dural Round Corner Town Center and forms a logical extension of the existing retail facilities. Given the growth potential within the South Dural area and the Round Corner Town Centre, there may be a demand for additional supermarket floor space in the future.
ALTERNATIVE OPTIONS
That the matter be adjourned and the planning proposal put on hold while the Council, together with Hornsby Council, carry out a comprehensive study of the current and future land use of the Dural Round Corner Precinct. The planning proposal is inconsistent with the outcomes and strategies of The Hills Future as it is inconsistent with the planning framework adopted by Council and does not reflect responsible planning or good management of the Shire's natural and built environment.
Lot 613 DP 1200567 (Stringer Road, Kellyville)
Issuance of a variable width right of way from the title of Lot 613 DP 1200567 (Stringer Road, Kellyville). Release of five restrictions and one affirmative covenant and cancellation of six easements from title to lots 1, 6, 12 and 13 DP Celebration Drive, Bella Vista).
The release of five restrictions and a positive covenant and cancellation of six easements from the title of lots 1, 6, 12 and 13 DP Celebration Drive, Bella Vista). DP 270243) the subject restrictions, positive covenant and easements must be removed. 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 Celebration Drive, Bella Vista) and the three application documents are approved for execution under the seal of Council.
Definitions and interpretation clauses 2
Authorised Representatives and Delegations 17
Θϭϲ Key principles Applied to Recharges $VVHW7UDQVIHU 7
Definitions and interpretation clauses
Proclamation means the Proclamation 2016 (NSW) of the local government (City of Parramatta and Cumberland) under statute. Service Provider means The Hills Shire Council being the council providing Services under an Annex to this Agreement.
Acknowledgement and Objective
InterCouncil Transitional Services Agreement Page 7. l) The words "include", "including", "for example", "such as" or any form of those words or similar expressions in this agreement do not limit what is further included and should be construed as they are followed by the words "without limitation", unless expressly stated otherwise; m) a reference to a day is the period starting at midnight and ending 24 hours later; n) if a time period is specified and dates from a day or the day of an act, event or circumstance, that time is determined excluding that day;. o) if an act or event is to take place or be performed on or before a given day and takes place or is performed after 5:00 p.m. on that day, it shall be deemed to have taken place or been performed on the following day; And. p) a reference to "$", "A$", "AUD", "dollars" or "Dollars" is a reference to the legal currency of the Commonwealth of Australia. In the event of any inconsistency between the terms governing the Services set forth in the body of this agreement and those set forth in the Service Schedules, the terms set forth in the Service Schedules will prevail to the extent the inconsistency exists.
Term
Performance of Services
The Hills Shire Council shall not be liable for any failure or delay to perform any service or for any provision of a service where such service is performed by a third party under an agreement with a third party, unless the failure or delay arises from:. a) a breach by The Hills Shire Council of that Third Party Agreement; or (b) any willful or negligent act or omission of The Hills Shire Council. The Councils may agree to add or remove Services from the Service Schedules for any reason by written agreement.
Specific Service Terms
InterCouncil Transitional Services Agreement Page 11. provided that when there are lawsuits or other legal proceedings on foot on the day of amalgamation, the Councils agree to:. a) the continuity of such proceedings is paramount; and.
Transition Plan
Inter-Council Transitional Services Agreement Page 12. c) The City of Parramatta must amend the Transition Plan to incorporate any reasonable comments or changes requested by the Service Provider under clause 6.1 (b) and provide a copy of the final Plan of Transition for Hills Shire Council. After the City of Parramatta has amended and served the Transition Plan in accordance with clause 6.1(c), Councils must use their reasonable endeavors to comply with their respective obligations set out in the Transition Plan.
Fees
Subject to clause 7.7, the City of Parramatta must pay the amount recorded on an invoice issued by Hills Shire Council by the date of payment. Hills Shire Council must continue to provide the Services during the dispute resolution period.
Access and Information Sharing
Staff of each Board must comply with all reasonable instructions of the other Board, and all information technology, security, confidentiality, health and safety and office conduct policies and procedures of the other Board, notified by a Board, while staff of ' A Council is on the other Council's premises or when accessing or using the other Council's IT systems, stock, equipment and Information and Data. If a Board is provided with access to the IT systems of the other Board in connection with the provision or transition of the Services, each Board agrees that it will not:. a) damage or endanger the security or integrity of the IT systems, or cause any deterioration thereof, including by circumventing or attempting to circumvent any firewalls or other security measures introduced from time to time to protect the IT systems or to remove;.
Authorised Representatives and Delegations
Insurance
Hills Shire Council must ensure that the City of Parramatta is noted as an interested party in relation to this agreement on any insurance policy required under clause 11.1. Hills Shire will keep the City of Parramatta informed of further developments in relation to any such claim.
Liability
Intellectual Property Rights
End of Term and consequences of expiry
Subject to clause 14.4, on the expiry of this agreement, this agreement shall terminate with its future effect, except for the enforcement of any right or claim arising on, or arising before, the expiry. The expiration of this agreement for any reason will not delete or otherwise affect:. a) any rights of one of the parties against the other which:. i) accrued before expiry and which remains unsatisfied; or. ii) otherwise related to or at any time may result from any breach or non-performance of obligations under this agreement that occurred prior to termination or expiration;.
Confidentiality
InterCouncil Transitional Services Agreement Page 22. iv) if required to do so in connection with legal proceedings relating to this Agreement. A party that has received Confidential Information from another party pursuant to this Agreement shall not use and shall ensure that any person to whom it has disclosed Confidential Information pursuant to clauses 15.2(a)(i) or 15.2( a)(ii), does not use it except for the purpose of exercising its rights or performing its obligations under this Agreement.
Disputes
If the dispute is not resolved under clause 16.3 within 15 working days (or another period agreed between the Dispute Boards) after the date of the Dispute Notice, the Dispute Boards must refer the dispute to mediation administered by the Australian Disputes Center (ADC) ) before resorting to litigation. a). If the dispute is not resolved under clause 16.4, the dispute will be referred to the Minister for determination in accordance with the Proclamation.
Assignment and subcontracting
Mediation under Article 16.4 must be conducted in accordance with the ADC Guidelines for Commercial Mediation in effect at the time the case is referred to the ADC (Guidelines). If the Dispute is not resolved under Article 16.6 because the Minister fails or fails to make a decision within 20 Business Days of the date of the Dispute Notice, any Council may initiate litigation.
General
The rights and remedies in this Agreement are in addition to any other rights and remedies provided by law independent of this Agreement. This agreement may consist of a number of copies, each signed by one or more parties to the agreement.
DRAFT
Provision of booking services to general public for the following community facilities
Provision of booking/enquiry services to general public for the following recreational facilities
Provision of booking services associated to programming activities at recreational facilities
Implementation and reporting of approved waste related grants, including Better Waste and Recycling (BWAR) funding as allocated by the NSW EPA. c. Customer Service Requests. Any other unforeseen expenses on an actual cost basis after agreement by nominated key personnel.
Assessment of statutory applications and related applications, including
Completion Date 30 September 2016 or such other date as required by the Recipient Council and notified to the Service Provider in writing or upon successful transfer of the relevant data, information and systems required to complete these services by the Recipient Council. Assist in the management of Development and Regulatory Support Services within the former Service Provider Council areas which include:.
Generation of statutory information certificates, including
Advice services including Pre-lodgement, Pre-DA
All Regulatory Service functions including
Applications and functions under Part 4A of the Environmental Planning and Assessment Act (Construction Certificates (building work and subdivision work),
Basis of calculation Statutory fees Basis, except when the benefit is transferred to the receiving council, e.g. in the case of an appeal lodged shortly before the notice and then transferred to the receiving council for assessment and determination and thereafter fees will also be transferred to the receiving council. Advice. All applications must be assessed in accordance with relevant laws and regulations, including SEPPs, LEPs, DCPs and other adopted policies c) The service provider will advise the applicant of the development that .. the consent authority is the receiving advice and the service provider will continue the assessment in accordance with the policies of this Agreement.
Statutory and Related Applications Lodged After Proclamation
Statutory Information Certificates
Regulatory Management Services
The service provider will provide details of the entire service, including the certification of tents that extend into the road reserve area of the new Council area. e) Notices and orders. The Service Provider will provide information regarding all pending Notices and Orders in the receiving council area. f) Service Requests .. i) All outstanding customer service requests from the time of the newly formed Council area will be referred to and investigated by the Receiving Council.
Part 4A Processes
Any application attempted to be submitted after publication will be referred to the Receiving Council.
Authorisation of 88B Instruments and Request Documents for Creation of Positive Covenants, Restrictions and Easements
Advice Services
This service is to be provided under the following terms
Handover Arrangements
Service Manager Environmental Health & Protection amihaila@parracity.nsw.gov.auPaul LythManager Regulatory Services plyth@parracity.nsw.gov.au Swimming Pool ComplianceAdrian Mihaila. Service Manager Environmental Health & Protection amihaila@parracity.nsw.gov.auPaul LythManager Regulatory Services plyth@parracity.nsw.gov.au Regulated Premises InspectionsAdrian Mihaila.
Land Use Planning
- Assessment of Planning Proposals - Where Planning Proposals are being considered for sites located in areas to be transferred from one Council to another the transfer
- Management of Developer Contributions Frameworks
- Management of Voluntary Planning Agreements (VPA)
- Provision of Emergency Management Services
- Provision of Project Management Services for the agreed capital works
- Provision of Stakeholder Engagement for the agreed capital works
If they are paid to the former Council, they must be transferred to the new Council to be held. If they are paid to the other Council, they must be transferred to the new Council to be held.
Financial Services
- Provision of Accounting Services
Written responses to customer tariff requests for the transferred area b) Hotline support for the tariff team for queries related to the transferred area 7. Tariffs and Deferred Tariffs .. a) Management of Tariffs and Deferred Tariffs, including deletions. Due to the freezing of tariff paths for 4 years after the announcement, the Tariff team agrees to provide adhoc support after the complete transfer of data and functions after the completion of this TSA.
Customer Service
- Management of physical and electronic records in line with statutory records retention and management provisions for transferred areas during transition
- Customer Service
- Records Management
- Provision of ICT Services for transferred assets including
Closing date 30 September 2016 or such other date as requested by the admissions council and notified in writing to the service provider. Third Party Contracts x Telstra - 10Mbps services for Carlingford Library; North Rocks Childcare Center x Telstra - Carlingford Library ADSL 2 service.
Legal Services
Council to manage the case; and.. b) the Service Provider shall cease to provide instructions to the external solicitors, external solicitors and experts (if any) involved in respect of any Legal Matters. The Service Provider will transfer all relevant information and data relating to the Legal Matter to the Receiving Board, including providing a comprehensive legal brief in respect of each Legal Matter.
Key principles Applied to Recharges
In this case the supplier will continue to undertake the overall contract work with a breakdown of the total contract costs charged to the new council by the host council – this could be a simple percentage or a more detailed calculation for items such as waste services. If, by agreement, the work is completed by the former council, the available funds will not be transferred to the new council.
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Notice Details
The Hills Shire Council Adresse: 3 Columbia Court, Baulkham Hills NSW 2153 E-mail: dwalker@thehills.nsw.gov.au.
Form of Acceptance Certificate
certification work has the same meaning as given in section 3 of the Construction Professionals Act 2005 (NSW). former Hills area means the former part-council area of the Hills Shire Council which, by Proclamation, has been constituted as part of the Parramatta City Council area.
Powers of the Parties
Term means the period from the date of this Agreement to September 30, 2016, unless the parties agree otherwise in writing. Hills Shire Council means The Hills Shire Council (ABN which from 12 May 2016 includes the local government area described in the Proclamation (which for the avoidance of doubt excludes the former Hills area).
Accredited Certifiers
Streamlining Certification Work in Some Former Council Areas
- Interest on Investments - Increase $450k
- Road Restorations Income – Increase $300k
- Planning Control Income – Increase $200k
- RMS Bus Weight Tax Grant – Increase $83k
- Road Closure Income – Increase $23k
- RMS Traffic Route Lighting Subsidy – Increase $15k
- Road Opening Income – Increase $3k
- RMS Road Safety Grant – Increase $7k
- Drainage Easement Income – Increase $1k
- Storm Damage – Increase $318k
- Insurance Excess – Decrease $127k
- Castle Grand Strata Levy – Increase $55k
- Media Monitoring Expenditure – Increase $9k
- Transfer from Reserves – Increase $31k
- Reduced funding for South of M2 Jobs $2,861k
- Increased funding for Existing Jobs $30k
- Completed Jobs $294k
- Other Contra Variation
- Original
- Real Estate Asset Purchases – $22.8m
The Hills Shire Council will retain any fees previously paid to it in respect of the performance of any Certification work under this Agreement. The Hills Shire Council's employees who may provide certification work in the name of, or on behalf of, City of Parramatta Council in respect of ongoing developments in the Former Hills Area during the Term of this Agreement.
The Hills Shire Council
Although Hills Shire Council did not merge with another Council, its boundaries were adjusted. The Hills Future Community Strategic Plan sets out the long-term Strategic Direction for the Hills Shire.
EXECUTIVE
SUMMARY 2016-2017
More details of these priorities can be found in the Hills Shire Plan (pages 14 to 39) and also in this Executive Summary. Other activities that the Council plans to undertake in the next financial year are detailed in the Hills Shire Plan (pages 122 to 159).
HILLS SHIRE PLAN SNAPSHOT
The Hills Shire Plan combines the Council's resource capabilities with the needs of the community and shows how we strive to achieve a better quality of life for all who live, work and visit our Shire. Detailed works planned for next year on buildings and parks, roads, footpaths and cycleways, traffic and stormwater are set out in the Hills Shire Plan (pages 78 to 95).
MANAGING OUR MONEY
The council is particularly proud of its local events and delighted to see so many people enjoying high quality cultural events and celebrations close to home.
131 MILLION
113 MILLION
144 MILLION
BUDGET SNAPSHOT
POPULATION
257 MILLION $4.7 COMMUNITY ASSETS BILLION
AVERAGE RESIDENTIAL RATES
96% OF RESIDENTS
SATISFIED
DEBT FREE
28.4 MILLION
OPERATING SURPLUS
INFRASTRUCTURE BACKLOG
INFRASTRUCTURE
ABOVE SATISFACTORY
BALANCED URBAN
TRANSPORT
RESPONSIBLE PLANNING
BALANCED URBAN GROWTH
PUBLIC PLACES
COMMUNITY SERVICES
COMMUNITY BUILDINGS
