MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 14 October 2014
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE 13/2014 - UNLOCKING THE SHOWGROUND 3
COMMUNITY FORUM 3
ITEM-2 PLANNING PROPOSAL 160-162 EXCELSIOR AVENUE, CASTLE HILL 3/2015/PLP
4
ITEM-3 REVIEW OF SEPP 65 AND THE APARTMENT DESIGN GUIDE (FP58)
5
ITEM-4 COUNCIL POLICY NO. 25 - ASSESSMENT OF REQUESTS FOR ON-STREET PARKING RESTRICTIONS
7
ITEM-5 RELEASE OF RIGHTS OF ACCESS AND EASEMENTS TO DRAIN WATER - LOT 16 DP 1174226 ARNOLD AVENUE, KELLYVILLE
6
ITEM-6 PURCHASE OF LAND FOR ROAD WIDENING AT 25- 27 HEZLETT ROAD, KELLYVILLE
6
ITEM-7 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - SEPTEMBER 2014
6
ITEM-8 TENDER T15-03 ENDEAVOUR ENERGY ASSET RELOCATION & INSTALLATION OF STREET LIGHTING - INTERSECTION OF OLD NORTHERN RD
& GLENHAVEN RD, GLENHAVEN
6
ITEM-9 TENDER T15-5 BELLA VISTA OVAL TENNIS COURTS, WESTWOOD WAY, BELLA VISTA
8
ITEM-10 TENDER T15-11 SYDNEY WATER MAIN ADJUSTMENT - SAMANTHA RILEY DRIVE, KELLYVILLE
8
ITEM-11 LICENCE TO SUN VALLEY PRE SCHOOL 8
ITEM-12 PROPOSED ELECTRICITY EASEMENT WITHIN ARNOLD AVENUE SPORTS COMPLEX RESERVE, 27- 33 ARNOLD AVENUE, KELLYVILLE
7
ITEM-13 TRANSFER OF LOT 4 DP 1184013 CURTIS ROAD, KELLYVILLE FOR PUBLIC RECREATION
7
QUESTIONS WITHOUT NOTICE 9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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597 PRESENT
Clr A C Jefferies (Mayor, in the Chair)
Clr Dr M R Byrne Adjunct Professor (Deputy Mayor) Clr P J Gangemi
Clr R K Harty OAM Clr A J Hay OAM 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 Clr R M Tracey 598 APOLOGIES
Nil.
599 TIME OF COMMENCEMENT 7.01pm
600 TIME OF COMPLETION 8.51pm
601 DECLARATIONS OF INTEREST
Item 7 Councillor Keane (declared a non-pecuniary, less-significant conflict of interest and remained in the room)
Item 11 Councillor Jefferies (declared a non-pecuniary, less-significant conflict of interest and left the room)
602 ARRIVALS AND DEPARTURES
7.25pm Councillor Preston left the meeting and returned at 7.27pm during Item 2 7.37pm Councillor Thomas left the meeting and returned at 7.39pm during Item 3 7.44pm Councillor Dr Byrne left the meeting and returned at 7.45pm during Item 3 7.47pm Councillor Gangemi left the meeting and returned at 7.49pm during Item 3 8.33pm Councillor Jefferies left the meeting for Item 11 and returned at 8.35pm
for Item 12
603 DISSENT FROM COUNCIL'S DECISIONS Nil.
604 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR THAT the Minutes of the Ordinary Meeting of Council held on 23 September 2014 be confirmed.
THE MOTION WAS PUT AND CARRIED.
605 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 23 September 2014 be confirmed.
MAYORAL MINUTE 13/2014 - UNLOCKING THE SHOWGROUND
A MOTION WAS MOVED BY MAYOR COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR KEANE THAT
1. I acknowledge that Council staff have contacted The Castle Hill & Hills District Agricultural Society to lock in dates and facilities for the remainder of 2014, 2015, 2016, 2017 and 2018 with the last two (2) years being tentative subject to the implementation of the Master Plan.
2. Council staff continue to promote a survey regarding future uses of the Castle Hill Showground.
3. Council staff be instructed to identify whether any hirer has entered into an agreement with the Show Society post the expiry of the former licence.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
606 RESOLUTION
1. I acknowledge that Council staff have contacted The Castle Hill & Hills District Agricultural Society to lock in dates and facilities for the remainder of 2014, 2015, 2016, 2017 and 2018 with the last two (2) years being tentative subject to the implementation of the Master Plan.
2. Council staff continue to promote a survey regarding future uses of the Castle Hill Showground.
3. Council staff be instructed to identify whether any hirer has entered into an agreement with the Show Society post the expiry of the former licence.
PETITION
607 DA 245/2015/HB – 40 MERINDAH ROAD, BAULKHAM HILLLS
Councillor Dr Byrne Adjunct Professor tabled a petition regarding this matter.
COMMUNITY FORUM
608 BUILDING OF RETAINING WALLS
Mr Eric Teuben of Kellyville asked how does Council communicate its requirements for land owners of houses in relation to the building of retaining walls?
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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The Group Manager – Environment & Planning advised that Council has a service at the Customer Service desk for pre-lodgement with appropriate staff for anyone who asks questions in that manner. There are also facts and details on Council’s website.
Councillor Preston advised that she will have further communication with Mr Teuben and the Group Manager on this matter.
7.25pm Councillor Preston left the meeting and returned at 7.27pm during Item 2
ITEM-2 PLANNING PROPOSAL 160-162 EXCELSIOR AVENUE, CASTLE HILL 3/2015/PLP
Proceedings in Brief
Sam Down, Town Planner of GSA Planning, representing the owner of the property, addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR TAYLOR THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
609 RESOLUTION
A planning proposal to amend Schedule 1 ‘Additional Permitted Uses’ of The Hills Local Environmental Plan 2012 to permit a child care centre at 160-162 Excelsior Avenue, Castle Hill (Lots 1 and 2, DP 562533) be forwarded to the Department of Planning and Environment for Gateway Determination.
Being a Planning Matter, the Mayor called for a division to record the votes on this matter.
VOTING FOR THE MOTION Clr A C Jefferies
Clr Dr M R Byrne Adjunct Professor Clr P J Gangemi
Clr R K Harty OAM Clr A J Hay OAM 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 Clr R M Tracey
VOTING AGAINST THE MOTION None
7.37pm Councillor Thomas left the meeting and returned at 7.39pm during Item 3 7.44pm Councillor Dr Byrne left the meeting and returned at 7.45pm during Item 3 7.47pm Councillor Gangemi left the meeting and returned at 7.49pm during Item 3
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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ITEM-3 REVIEW OF SEPP 65 AND THE APARTMENT DESIGN GUIDE (FP58)
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND SECONDED BY COUNCILLOR HAY OAM THAT a submission be provided to the Department of Planning and Environment, together with a copy of this report, expressing our disappointment to a one size fits all approach to planning principles and advising that Council strongly opposes the application of State Environmental Planning Policy 65 and the new supporting Apartment Design Guide to the Hills Shire as it undermines Council’s housing strategy and development standards and will result in housing stock that does not respond to the needs of existing and future residents.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
610 RESOLUTION
A submission be provided to the Department of Planning and Environment, together with a copy of this report, expressing our disappointment to a one size fits all approach to planning principles and advising that Council strongly opposes the application of State Environmental Planning Policy 65 and the new supporting Apartment Design Guide to the Hills Shire as it undermines Council’s housing strategy and development standards and will result in housing stock that does not respond to the needs of existing and future residents.
Being a Planning Matter, the Mayor called for a division to record the votes on this matter.
VOTING FOR THE MOTION Clr A C Jefferies
Clr Dr M R Byrne Adjunct Professor Clr P J Gangemi
Clr R K Harty OAM Clr A J Hay OAM 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 Clr R M Tracey
VOTING AGAINST THE MOTION None
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR KEANE THAT Items 5, 6, 7, 8, 12 and 13 be moved by exception and the recommendations contained in the reports 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 14 October 2014
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611 RESOLUTION
Items 5, 6, 7, 8, 12 and 13 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-5 RELEASE OF RIGHTS OF ACCESS AND EASEMENTS TO DRAIN WATER - LOT 16 DP 1174226 ARNOLD AVENUE, KELLYVILLE
612 RESOLUTION
Council consent to the release of the easement to drain water 5 metres wide, easement to drain water 5 metres wide, easement to drain water 7 metres wide, right of access 19 metres wide and right of access 22 metres wide from the title of Lot 16 DP 1174226 and the Section 88B instrument associated with the final plan of subdivision for stage two of Development Consent DA 1502/2011/ZA be authorised for execution under Council seal.
ITEM-6 PURCHASE OF LAND FOR ROAD WIDENING AT 25- 27 HEZLETT ROAD, KELLYVILLE
613 RESOLUTION
1. Council agree to purchase Lot 204 in a subdivision of Lots 222 & 221 DP 207779, 25- 27 Hezlett 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 204 in a subdivision of Lots 222 & 221 DP 207779 as “Operational Land” upon acquisition to allow dedication as public road.
3. Upon acquisition, Lot 204 in a subdivision of Lots 222 & 221 DP 207779 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993.
ITEM-7 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - SEPTEMBER 2014
614 RESOLUTION
Council adopt the recommendations of the Local Traffic Committee for September 2014 as detailed in the report.
ITEM-8 TENDER T15-03 ENDEAVOUR ENERGY ASSET
RELOCATION & INSTALLATION OF STREET LIGHTING - INTERSECTION OF OLD NORTHERN RD
& GLENHAVEN RD, GLENHAVEN 615 RESOLUTION
Council accept the tender from Connect Infrastructure Constructions Pty Ltd to carry out the necessary construction and documentation for the proposed Endeavour asset relocation at the intersection of Old Northern Road and Glenhaven Road, Glenhaven and
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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approves expenditure up to $250,000 to cover the Tender amount (excluding GST) plus contract contingency.
ITEM-12 PROPOSED ELECTRICITY EASEMENT WITHIN ARNOLD AVENUE SPORTS COMPLEX RESERVE, 27- 33 ARNOLD AVENUE, KELLYVILLE
616 RESOLUTION
Council authorise the creation of an easement for a padmount substation and underground cables over public reserve Lot 9 in a subdivision of Lot 45 DP 224917, 27- 33 Arnold Avenue, Kellyville subject to approval of the site location, acceptable landscape screening, payment of compensation as detailed in this report and the applicant reimbursing all costs incurred by Council, with the Plan, Section 88B Instrument and Transfer Granting Easement authorised for execution under seal.
ITEM-13 TRANSFER OF LOT 4 DP 1184013 CURTIS ROAD, KELLYVILLE FOR PUBLIC RECREATION
617 RESOLUTION
1. Council agree to the transfer of Lot 4 DP 1184013, Curtis Road, Kellyville under the terms outlined in this report with a Contract, Deed and Transfer document authorised for execution under seal.
2. Upon acquisition, the public recreation be classified as “Community Land” and deemed non-rateable pursuant to Sections 25 and 556 respectively of the Local Government Act, 1993.
ITEM-4 COUNCIL POLICY NO. 25 - ASSESSMENT OF REQUESTS FOR ON-STREET PARKING RESTRICTIONS
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR THOMAS THAT
1. Council endorse the Council Policy No. 25 as outlined in this report along with the Internal Procedure for the ‘Assessment of Requests for On-street Parking Restrictions’, as attached to the report.
2. A report be brought back to Council in twelve (12) months.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
618 RESOLUTION
1. Council endorse the Council Policy No. 25 as outlined in this report along with the Internal Procedure for the ‘Assessment of Requests for On-street Parking Restrictions’, as attached to the report.
2. A report be brought back to Council in twelve (12) months.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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ITEM-9 TENDER T15-5 BELLA VISTA OVAL TENNIS COURTS, WESTWOOD WAY, BELLA VISTA
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
619 RESOLUTION
Council accept the tender from Gauci Civil Contracting Pty Ltd to carry out the construction of the Bella Vista Oval Tennis Courts, Westwood Way, Bella Vista and approves expenditure up to $825,368.16 to cover the Tender amount (excluding GST) and contract contingency.
ITEM-10 TENDER T15-11 SYDNEY WATER MAIN ADJUSTMENT - SAMANTHA RILEY DRIVE, KELLYVILLE
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
620 RESOLUTION
1. Council accept the tender from S&M Spiteri Constructions Pty Ltd to carry out the necessary construction for the proposed Sydney Water main relocation at Samantha Riley Drive, Kellyville and approves expenditure up to the Tender amount plus contract contingency of $189,465.90 (excluding GST).
2. Samantha Riley Drive Budget be varied by $15,985,319 to reflect the total cost of the project, funded from Contribution Plans 8 and 13.
Mayor Councillor Jefferies, having previously declared a conflict of interest, left the chamber at 8.33pm and took no part in the debate or voting on the following matter – Item 11.
At 8.33pm Deputy Mayor Councillor Dr Byrne assumed the Chair.
At 8.35pm Mayor Councillor Jefferies resumed the Chair.
ITEM-11 LICENCE TO SUN VALLEY PRE SCHOOL
A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR DR LOWE 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 14 October 2014
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621 RESOLUTION
Pursuant to Sections 46 and 47 of the Local Government Act 1993, a Licence be entered into with Sun Valley Preschool Kindergarten Inc. as detailed in this report and authorised for execution under seal.
QUESTIONS WITHOUT NOTICE
622 FATALITY - BOUNDARY ROAD BOX HILL
Councillor Dr Lowe referred to a fatality that occurred at Boundary Road Box Hill on 26 September at 2.20pm and asked can Council Officers provide details of accidents, whether they are serious or fatalities on or around Boundary Road heading south, in the vicinity of this fatality and, if so, is that earmarked for black spot funding?
The Mayor advised the question would be taken on notice.
623 ISSUES ON BOUNDARY ROAD BOX HILL
Councillor Preston advised of a request from the new President of the Box Hill Progress Association to meet with Richard Scholz to look at the area of Boundary Road Box Hill and requested Council contact him to make a time to look at issues regarding trees in that area. Councillor Preston advised she would provide telephone numbers if required.
The General Manager advised that the matter would be taken on notice.
624 DA RESPONSIBILITIES - RETAINING WALLS
Councillor Preston asked is it discretionary for Council Officers to issue fines to residents if they are not quite aware of their obligations in relation to changes carried out on their property e.g. a retaining wall, where they did not know they required Council permission to build it.
The General Manager replied that if Council finds that there has been some illegal works, we would normally give people the opportunity to rectify or advise them to submit a building certificate application. If the resident refuses to do that, then a fine would be issued, however there have been circumstances where the fines have been withdrawn.
The Group Manager – Environment & Planning advised that Council staff do use discretion based on the circumstances with respect to any offence. For anything that is considered, Council has to justify its action or non-action. With respect to the issue raised in Community Forum, the Group Manager understood that the resident had raised concerns with works undertaken on adjoining properties. At this time the resident advised staff of retaining work that he wished to do and was advised that a development application was required. Council staff subsequently received a complaint from a neighbour regarding work that required consent and did not have consent. A penalty infringement notice was issued.
625 PHASING OF TRAFFIC LIGHTS
Councillor Taylor asked if Council could investigate the phasing of lights at the intersection of Mile End Road and Withers Road, Rouse Hill. The phasing has recently changed causing significant delays and stress. Motorists are running the red lights through frustration.
The General Manager advised that the matter would be taken up with RMS.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 October 2014
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626 RUNNING TAP WATER - CADDIES CREEK PARK
Councillor Keane advised of the fantastic facility of the park in the Caddies Creek area but noticed that there was no running tap water there. Could Council investigate installing running tap water at the park?
The General Manager advised that if it is a facility that Lend Lease GPT maintains then we will write to them. If it is Council’s responsibility, water will be installed.
627 LOCAL GOVERNMENT IN NSW
Councillor Dr Byrne advised that she had recently visited the Gold Coast City Council and as a result of visiting Local Government in Queensland, asked the following questions:
1. Has Council had further correspondence from Keith Rhoades regarding Local Government Reform in NSW and has it been positive?
The General Manager replied that Mr Rhoades may have responded to the Mayor in terms of what is to be discussed at the Conference. There was a previous question asked by Clr Dr Byrne about value out of the LG NSW and when that answer comes back at the next meeting the answer will be, from the General Manager’s perspective, not a lot, and the General Manager proposes to submit a further report after the Conference.
2. Has Council had an opportunity to present our case for a boundary realignment, to the Minister for Local Government?
The Mayor and General Manager advised that would be part of the response to the Minister’s Fit For The Future questions.
3. Has Council had any further discussion with Ryde and Parramatta Councils regarding the proposed routes for light rail and working together on this matter?
The General Manager replied at this stage, no, but he is waiting to hear from them.
The Mayor also advised he would be having more conversations with Parramatta Council.
628 REQUEST BIN - HENRY CURTIS RESERVE
Councillor Haselden requested that Council install a red top waste bin at Henry Curtis Reserve in West Pennant Hills.
The General Manager advised this would be done.
629 CONDITIONS OF CONSENT – HILLSIDE TAVERN
Councillor Haselden advised that in October 2013 Council moved to make alterations to and an easing of trading conditions for the Hillside Tavern on Main Street Castle Hill. One of the conditions imposed was that Council would review the changed arrangements a year from then. Is Council acting on that and has anything happened?
The General Manager advised the question would be taken on notice.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 28 October 2014.
MAYOR GENERAL MANAGER
