MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
MAYORAL MINUTE NO. 1/2017 -
STRATEGIC PLANNING DURAL,
ROUND CORNER & SOUTH DURAL
4PETITIONS 5
COMMUNITY FORUM 5
ITEM-2 NOTICE OF MOTION - ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS
6
ITEM-3 NOTICE OF MOTION – PETITION FOR WILKINS AVE TRAFFIC LIGHTS
7
ITEM-4 DA 30/2008/HA/D - SECTION 96(1A)
MODIFICATION TO NORWEST PRIVATE HOSPITAL TO ENCLOSE A BALCONY - LOT 100 DP 1139109, NO. 11 NORBRIK DRIVE, BELLA VISTA
9
ITEM-5 PLANNING PROPOSAL - 522 WINDSOR ROAD,
BAULKHAM HILLS (17/2016/PLP) 8
ITEM-6 PLANNING PROPOSAL - 71-83 SAMANTHA RILEY DRIVE, KELLYVILLE (5-2017-PLP)
11
ITEM-7 PROPERTY DEALINGS RELATING TO
DEVELOPMENT MATTERS
12
ITEM-8 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS
- JANUARY 2017 13
ITEM-9 TENDER T17/5 - DESIGN AND CONSTRUCTION OF VARIOUS PEDESTRIAN BRIDGES
15
ITEM-10 MINUTES OF AUDIT COMMITTEE MEETING - 12
DECEMBER 2016 13
ITEM-11 MATTERS DEALT WITH UNDER DELEGATED AUTHORITY DURING CHRISTMAS RECESS
13
ITEM-12 ADDITIONAL FUNDING FOR T17/10 PROJECTS OVER $127,000 - 2016-2017
13
ITEM-13 TENDER T17/25, PROJECTS OVER $127,000,
ASPHALT & CONCRETE WORKS 2016-2017 16 ITEM-14 PECUNIARY INTEREST REPORT - DECEMBER 2016 14
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ITEM-15 TENDER T17/18 - BUSHLAND MAINTENANCE SERVICES
14
ITEM-16 PURCHASE OF 24 HYNDS ROAD, BOX HILL FOR
LOCAL DRAINAGE 14
ITEM-17 PURCHASE OF PART 76 THE WATER LANE, BOX HILL FOR PUBLIC RECREATION & ROAD WIDENING
14
ITEM-18 RESIGNATIONS AND APPOINTMENTS 355 COMMITTEES - FEBRUARY 2017
15
ITEM-19 APPROVAL FOR PILE BURNS 15
QUESTIONS WITHOUT NOTICE 16
CLOSED COUNCIL 18
ITEM-20 DOMESTIC WASTE SERVICE - RECYCLING
CONTRACT 19
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
12 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 M O Taylor MP Clr M G Thomas Clr R M Tracey
13 APOLOGIES Clr Haselden
14 TIME OF COMMENCEMENT 7.09pm
15 TIME OF COMPLETION 9.25pm
16 DECLARATIONS OF INTEREST Item 13 – Councillor Dr Lowe 17 ARRIVALS AND DEPARTURES
7.47pm Councillor Dr Lowe left the meeting and returned at 7.49pm during Item 2.
7.59pm Councillor Dr Lowe left the meeting and returned at 8.00pm during Item 2 8.23pm Councillor Hay OAM left the meeting and returned at 8.24pm during Item 2.
8.41pm Councillor Tracey left the meeting and returned at 8.50pm during Item 3.
8.41pm Councillor Harty OAM left the meeting and returned at 8.48pm during Item 3.
8.42pm Councillor Hay OAM left the meeting and returned at 8.48pm during Item 3.
8.42pm Councillor Dr Lowe left the meeting and returned at 8.43pm at the commencement of Item 3.
8.42pm Councillor Dr Byrne left the meeting and returned at 8.43pm at the commencement of Item 3.
8.43pm Councillor Dr Gangemi retired from the meeting.
9:09pm Councillor Dr Lowe left the meeting and returned at 9.10pm during Item 14.
18 DISSENT FROM COUNCIL'S DECISIONS Nil.
19 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 13 December 2016 be confirmed.
THE MOTION WAS PUT AND CARRIED.
20 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 13 December 2016 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DR LOWE THAT the apology from Councillor Haselden be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
21 RESOLUTION
The apology from Councillor Haselden be accepted and leave of absence granted.
MAYORAL MINUTE NO. 1/2017 –
STRATEGIC PLANNING DURAL, ROUND CORNER & SOUTH DURAL
A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR HARTY OAM THAT:
1. This Mayoral Minute be received.
2. The Hills Shire Council write to the Mayor of Hornsby Shire Council to reiterate our support for the holistic planning of the South Dural, Dural and Round Corner areas with the appropriate upgrades to infrastructure including Annangrove Road, New Line Road, Old Northern Road and a Dural/Round Corner bypass.
3. The General Manager and Mayor write to the Minster for Planning, Minister for Housing and Special Minister of State, The Hon Anthony Roberts MP about the following:
a. expressing concern and dissatisfaction with the operation of the Sydney West Central Planning Panel,
b. expressing concern that The Hills Shire is the subject of further housing growth outside of its considerable land already zoned as part of meeting its metropolitan housing targets,
c. indicating that the composition of the Sydney West Planning Panel should be at the very least, equal numbers of Council and Government-appointed members.
d. requesting that the Minister urgently review the capital investment value threshold that determines when a matter can be bought before a planning panel, and
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
e. requesting the Minister undertake a review of the Sydney West Central Planning Panel’s decision of 1 February 2017 with regard to the concerns raised by Council.
THE MOTION WAS PUT AND CARRIED.
22 RESOLUTION
1. This Mayoral Minute be received.
2. The Hills Shire Council write to the Mayor of Hornsby Shire Council to reiterate our support for the holistic planning of the South Dural, Dural and Round Corner areas with the appropriate upgrades to infrastructure including Annangrove Road, New Line Road, Old Northern Road and a Dural/Round Corner bypass.
3. The General Manager and Mayor write to the Minster for Planning, Minister for Housing and Special Minister of State, The Hon Anthony Roberts MP about the following:
a. expressing concern and dissatisfaction with the operation of the Sydney West Central Planning Panel,
b. expressing concern that The Hills Shire is the subject of further housing growth outside of its considerable land already zoned as part of meeting its metropolitan housing targets,
c. indicating that the composition of the Sydney West Planning Panel should be at the very least, equal numbers of Council and Government-appointed members.
d. requesting that the Minister urgently review the capital investment value threshold that determines when a matter can be bought before a planning panel, and
e. requesting the Minister undertake a review of the Sydney West Central Planning Panel’s decision of 1 February 2017 with regard to the concerns raised by Council.
PETITIONS
23 ACKNOWLEDGEMENT OF TRADITIONAL OWNERS AT COUNCIL MEETINGS AND MAJOR SPONSORED EVENTS
Councillor Tracey tabled a petition regarding this matter.
COMMUNITY FORUM 24 PATHWAY CONCERN
Dr David Ager of Kellyville expressed concern regarding a pathway development on the edge of Cattai Creek Reserve which would run along the boundary of his property. Dr Ager received correspondence in December from Council showing several options, including bridges over the creek in several places and a large long span bridge over one area which was almost a gorge of 25m-30m deep. Dr Ager believed there were other options for the pathway which were more economical, along more level land and furthermore would impact less on his privacy.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
The General Manager advised that there was a report in tonight’s business paper on tenders for the bridges. Mr Edgar, Group Manager Strategic Planning, confirmed this matter had been to tender and two options were canvassed and the cheapest option within the budget was recommended.
Furthermore, Dr Ager was advised that he will be contacted to discuss this matter pending the outcome of the resolution of Council.
7.47pm Councillor Dr Lowe left the meeting and returned at 7.49pm during Item 2.
7.59pm Councillor Dr Lowe left the meeting and returned at 8.00pm during Item 2 8.23pm Councillor Hay OAM left the meeting and returned at 8.24pm during Item 2.
ITEM-2 NOTICE OF MOTION - ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS
Proceedings in Brief
Mr Tony Williams addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TRACEY THAT:
1. Council acknowledge the traditional custodians the Darug people; of the land upon which we meet and pay our respects to their elders past, present and emerging.
2. After the election and commencement of the new term of Council the traditional custodians of the land are invited to perform a smoking ceremony.
3. The acknowledgement of country and smoking ceremony are incorporated into the Code of Meeting Practice.
THE MOTION WAS PUT AND LOST.
Councillor Harty OAM rose for a Division. The result of the Division was follows:- VOTING FOR THE MOTION
Clr Harty OAM Clr Hay OAM Clr Tracey Clr Taylor MP
VOTING AGAINST THE MOTION Clr Keane
Clr Preston Clr Dr Byrne Clr Dr Gangemi Clr Dr Lowe Clr Thomas ABSENT Clr Haselden
8.41pm Councillor Harty OAM left the meeting and returned at 8.48pm during Item 3.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
8.41pm Councillor Tracey left the meeting and returned at 8.50pm during Item 3.
8.42pm Councillor Hay OAM left the meeting and returned at 8.48pm during Item 3.
8.42pm Councillor Dr Lowe left the meeting and returned at 8.43pm at the commencement of Item 3.
8.42pm Councillor Dr Byrne left the meeting and returned at 8.43pm at the commencement of Item 3.
8.43pm Councillor Dr Gangemi retired from the meeting.
ITEM-3 NOTICE OF MOTION PETITION FOR WILKINS AVE TRAFFIC LIGHTS
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR BYRNE THAT:
Council implement the following actions in response to the impact of the new traffic signals at the intersection of Windsor Road and Millcroft Way, Beaumont Hills:
Short Term
1. Commence formal communication with the RMS requesting approval for a right turn only facility from Windsor Road into the existing intersection at Wilkins Avenue. Note that this is not to allow traffic to turn right from Wilkins Avenue onto Windsor Road.
2. Investigate the design and cost for a temporary roundabout at the intersection of Millcroft Way and Wilkins Avenue.
Long Term
1. Design and estimate an alternative vehicle access into the area.
2. Design and estimate a supplementary vehicle access point into the new Caddies Creek playing fields to relieve the volumes expected on Millcroft Way.
THE MOTION WAS PUT AND CARRIED.
25 RESOLUTION
Council implement the following actions in response to the impact of the new traffic signals at the intersection of Windsor Road and Millcroft Way, Beaumont Hills:
Short Term
1. Commence formal communication with the RMS requesting approval for a right turn only facility from Windsor Road into the existing intersection at Wilkins Avenue. Note that this is not to allow traffic to turn right from Wilkins Avenue onto Windsor Road.
2. Investigate the design and cost for a temporary roundabout at the intersection of Millcroft Way and Wilkins Avenue.
Long Term
1. Design and estimate an alternative vehicle access into the area.
2. Design and estimate a supplementary vehicle access point into the new Caddies Creek playing fields to relieve the volumes expected on Millcroft Way.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ITEM-5 PLANNING PROPOSAL - 522 WINDSOR ROAD, BAULKHAM HILLS (17/2016/PLP)
Proceedings in Brief
Alan Zammit on behalf of the Applicant addressed Council regarding this matter.
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 UNANIMOUSLY.
26 RESOLUTION
1. A planning proposal applying to land at 522 Windsor Road, Baulkham Hills (Lot 553 DP 773889 and Lot 22 DP 1075051) be forwarded to the Department of Planning and Environment for a Gateway Determination to amend Local Environmental Plan 2012 as follows:
a. Apply a floor space ratio of 0.9:1 to the site;
b. Amend Schedule 1 to include the following additional permitted uses:
i. ‘seniors housing’ capped at a total of 190 residential aged care beds and self-care units, comprising no more than of 120 residential aged care beds and no more than 70 self-care units,
ii. ‘restaurant or café’ with the amount of floor space capped at 100m2, iii. ‘shops’ with the amount of floor space capped at 100m2,
iv. ‘child care centre’,
v. ‘health consulting rooms’ with the amount of floor space capped at 150m2,
vi. ‘business premises’ with the amount of floor space capped at 100m2; and
c. Identify the site on the Additional Permitted Uses Map.
2. Draft The Hills Development Control Plan 2012 Part B Section 2 – Residential, as detailed in 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 Keane
Clr Preston Clr Dr M R Byrne Clr Thomas Clr Dr Lowe Clr Hay OAM Clr Harty OAM Clr Tracey Clr Taylor MP
VOTING AGAINST THE MOTION None
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ABSENT
Clr A N Haselden Clr Dr Gangemi
ITEM-4 DA 30/2008/HA/D - SECTION 96(1A)
MODIFICATION TO NORWEST PRIVATE HOSPITAL TO ENCLOSE A BALCONY - LOT 100 DP 1139109, NO. 11 NORBRIK DRIVE, BELLA VISTA
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
27 RESOLUTION
The Development Application be approved subject to the following:
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION DATE
NWP12-DA-EB1 Floor Plan 27.07.16 Issue 1
NWP12-DA-EB2 Floor Plan, Elevations and Section 27.07.16 Rev. 1
NWP12-P-2-CH Floor Plan 01.10.14 Rev. 1
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
2. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.
3. Building Work to be in Accordance with BCA
All building work must be carried out in accordance with the provisions of the Building Code of Australia.
4. Clause 94 Considerations
Under clause 94 of the Environmental Planning & Assessment Regulation, the following fire safety/Building Code of Australia (BCA) works are to be undertaken with the
construction certificate works and are to be completed prior to the issue of the occupation certificate:
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
i. A certificate of structural adequacy is to be submitted to the Principal Certifying Authority (PCA), certifying the structural strength and load bearing capacity of the existing balcony will be appropriate for its new use.
ii. As the existing balcony is to be enclosed, the existing outdoor air intake is to be relocated to an appropriate location in accordance with AS 1668.2-1991.
iii. A review of the automatic fire detection & alarm system (refer to fire engineering report no. S070185-rp01 Revision E dated 29/5/09 by RAW Fire Safety Engineering) is to be undertaken to determine if additional detection is required to the provided to the proposed meeting room.
5. Subdivision Plan Amendments
The underlying subdivision plan/ property title must be amended to reflect the building changes. This must occur once the works are complete with details demonstrating compliance prepared by a registered surveyor submitted to, and approved by, Council/
the PCA. At a minimum the easement to use terrace relating to this area created by DP 1139109 needs to be amended. A strata plan of building alteration may be required too.
PRIOR TO WORK COMMENCING ON THE SITE 6. Principal Certifying Authority
A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.
7. Management of Building Sites – Builder’s Details
The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.
The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.
8. Builder and PCA Details Required
Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.
Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.
DURING CONSTRUCTION
9. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.
N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.
Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.
10. Hours of Work
Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;
No work to be carried out on Sunday or Public Holidays.
The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.
Being a planning matter, the Mayor called for a division to record the votes on this matter
VOTING FOR THE MOTION Clr Keane
Clr Preston Clr Dr M R Byrne Clr Thomas Clr Dr Lowe Clr Hay OAM Clr Harty OAM Clr Tracey Clr Taylor MP
VOTING AGAINST THE MOTION None
ABSENT
Clr A N Haselden Clr Dr Gangemi
ITEM-6 PLANNING PROPOSAL - 71-83 SAMANTHA RILEY DRIVE, KELLYVILLE (5-2017-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.
28 RESOLUTION
A planning proposal to amend Schedule 1 and the associated Additional Permitted Uses Map within the North Kellyville Precinct Plan of SEPP (Sydney Region Growth Centre) 2006 to permit a child care centre on land at 71-83 Samantha Riley Drive, Kellyville 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
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
VOTING FOR THE MOTION Clr Keane
Clr Preston Clr Dr M R Byrne Clr Thomas Clr Dr Lowe Clr Hay OAM Clr Harty OAM Clr Tracey Clr Taylor MP
VOTING AGAINST THE MOTION None
ABSENT
Clr A N Haselden Clr Dr Gangemi
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HARTY OAM THAT Items 7, 8, 10, 11, 12, 14, 15, 16, 17, 18 and 19 be moved by exception and the recommendations contained in the reports be adopted.
THE MOTION WAS PUT AND CARRIED.
29 RESOLUTION
Items 7, 8, 10, 11, 12, 14, 15, 16, 17, 18 and 19 be moved by exception and the recommendations contained in the reports be adopted.
ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
30 RESOLUTION
1. Council consent to the release of an easement to drain water 3.05 wide from the title of Lot 3 DP 526616, 16 River Road, Sackville North, and the Section 88B instrument associated with the plan of subdivision for DA 320/2016/ZD (or the accompanying request document) be authorised for execution under Council seal.
2. Council consent to the release of an easement for batter 3 wide from the title of Lot 1 DP 594026, 56 Evans Road, Glenhaven, and the Section 88B instrument associated with the plan of subdivision for DA 196/2017/ZB be authorised for execution under Council seal.
3. Council consent to the release of six separate easements to drain water 6 wide from the title of Lot 15 DP 255616, 3 Cataract Road, Box Hill, Lot 17 DP 255616, 8 Cataract Road, Box Hill, Lot 21 DP 255616, 7 Cataract Road, Box Hill, Lot 40 DP 255616, 13 Janpieter Road, Box Hill and Lot 41 DP 255616, 11 Janpieter Road, Box Hill, and the Section 88B instrument associated with the plan of subdivision for DA 1650/2015/ZB (Stage 1), 964/2016/ZB (Stage 2) and 1597/2016/ZB (Stage 1) be authorised for execution under Council seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
4. Council consent to the release of an easement to drain water 2.44 wide from the title of Lot 1 DP 250947, 75 Foxall Road, Kellyville and an easement to drain water 6 wide from the title of Lot 10 DP 250947, 32 Foxall Road, Kellyville, and the Section 88B instrument associated with the plan of subdivision for DA 1629/2015/ZD (both Stages 1 and 2) be authorised for execution under Council seal.
5. Council consent to the extinguishment of a restriction on the use of land over Lot 10 DP 270917, 46 Cockatoo Place, Glenorie, and the request document be authorised for execution under Council seal.
ITEM-8 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - JANUARY 2017
31 RESOLUTION
Council adopt the recommendations of the Local Traffic Committee for January 2017 as detailed in the report.
ITEM-10 MINUTES OF AUDIT COMMITTEE MEETING - 12 DECEMBER 2016
32 RESOLUTION
Council adopt the recommendations of the Audit Committee Meeting dated 12 December 2016.
ITEM-11 MATTERS DEALT WITH UNDER DELEGATED
AUTHORITY DURING CHRISTMAS RECESS 33 RESOLUTION
The Minutes of the Delegated Authority Meeting held on 24 January 2017 be adopted.
ITEM-12 ADDITIONAL FUNDING FOR T17/10 PROJECTS OVER $127,000 - 2016-2017
34 RESOLUTION
Council approve additional funds of $44,182.32 for projects 550437 and 550418 from Capital Works Reserves.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
ITEM-14 PECUNIARY INTEREST REPORT - DECEMBER 2016
35 RESOLUTION
Council note the tabling of the Returns.
ITEM-15 TENDER T17/18 - BUSHLAND MAINTENANCE SERVICES
36 RESOLUTION
Council award a contract to Bushland Management Solutions Pty Ltd Trading as Hills Bushcare and Carbon Copy for bushland maintenance as per the Schedule of Rates Tender T17-18 for packages A, B, C and D as indicated in Attachment 2 (ECM Doc No 161716390) for a period of one year with an option to extend for a further one-year period, including a CPI rate increase, subject to contractor performance as approved by the General Manager.
ITEM-16 PURCHASE OF 24 HYNDS ROAD, BOX HILL FOR LOCAL DRAINAGE
37 RESOLUTION
1. Council agree to purchase Lot 4 DP 621465, 24 Hynds Road, Box Hill being land designated local drainage for $3,155,000 plus GST 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.
3. The owners be granted a rent free period up to twelve weeks after settlement.
ITEM-17 PURCHASE OF PART 76 THE WATER LANE, BOX HILL FOR PUBLIC RECREATION & ROAD WIDENING 38 RESOLUTION
1. Council agree to purchase Lots 1 & 2 in a subdivision of Lot 91 DP 1206860 (Part Lot 175 DP 10157), 76 The Water Lane, Box Hill being land designated public recreation
& road widening for $12,500,000 plus GST with a Contract, Deed & Transfer authorised for execution under seal.
2. Lot 2 in a subdivision of Lot 91 DP 1206860 (Part Lot 175 DP 10157), be classified as
“Community Land” and deemed non-rateable pursuant to Sections 25 and 556 respectively of the Local Government Act 1993.
3. Lot 1 in a subdivision of Lot 91 DP 1206860 (Part Lot 175 DP 10157), be classified as “Operational Land” upon acquisition to allow dedication as public road.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
4. Upon acquisition, Lot 1 in a subdivision of Lot 91 DP 1206860 (Part Lot 175 DP 10157), 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.
5. Upon settlement of the acquisition the former owner be permitted to enter into a Residential Tenancy Agreement at current market rental for a period of six months.
ITEM-18 RESIGNATIONS AND APPOINTMENTS 355
COMMITTEES - FEBRUARY 2017 39 RESOLUTION
The nomination of Heather Boyd to the Bushland Conservation Committee be approved.
ITEM-19 APPROVAL FOR PILE BURNS
40 RESOLUTION
Council approve burning of vegetation under Part 2 of Schedule 8, of the Protection of the Environment (Clean Air) Regulation 2010, subject to the conditions set out in Notice of approval to burn for the purpose of bushfire fuel management found in Attachment 1.
ITEM-9 TENDER T17/5 - DESIGN AND CONSTRUCTION OF VARIOUS PEDESTRIAN BRIDGES
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
41 RESOLUTION
1. Council accept the tender from Fleetwood Urban Pty Ltd for Contract Package A Showground Road shared path over Cattai Creek, Castle Hill, of up to $273,642 Exc GST including contingency.
2. Council accept the tender from Fleetwood Urban Pty Ltd for Contract Package B Shared path bridge connecting Rosebery Road, Kellyville to Chainmail Crescent, Castle Hill – Option 2 – Low level bridge crossing - of up to $147,161.42 Exc GST for the Tender amount including contingency.
3. Council accept the tender from Fleetwood Urban Pty Ltd for Contract Package C Shared path bridge over Smalls Creek from Smalls Creek Way, Beaumont Hills to the future Oxlade Street reserve, Kellyville, and approve expenditure up to
$258,145.73 Excl. GST for the Tender amount including contingency.
4. Council accept the alternative tender from Fleetwood Urban Pty Ltd for Contract Package D pedestrian bridge over tributary of Cattai Creek between Strathfillan Way and Georgia Terrace, Kellyville, and approves expenditure up to $68,944 Excl. GST for the Tender amount including contingency.
5. Council accept the tender from Fleetwood Urban Pty Ltd for Contract Package E
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
Creek and approves expenditure up to $112,189 Excl. GST for the Tender amount including contingency.
6. Council allocate $185,831 from Capital Works Reserve to Showground pedestrian bridge ($ 73,642) and Temporary pedestrian bridge beside Memorial Avenue over Elizabeth Macarthur Creek ($112,189).
7. Council allocate $ 52,360 from CP 8 – CP08ML9 to fund the Cattai Creek between Strathfillan Way and Georgia Terrace, Kellyville bridge.
Councillor Dr Lowe having previously declared a non-pecuniary and less than significant conflict of interest left the room at 9.09pm and returned at 9.10pm for Item 14.
ITEM-13 TENDER T17/25, PROJECTS OVER $127,000, ASPHALT & CONCRETE WORKS 2016-2017
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE AND SECONDED BY COUNCILLOR TAYLOR MP THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
42 RESOLUTION
1. Council accept tenders from the following contractors and approve expenditure up to the Tender amount plus contract contingency for the projects as listed below:
Asphalt Projects Tender
Amount Plus Contract Contingency
Contractor
Gilbert Road, Castle Hill $312,071.10 J&E Asphalt & Civil Pty Ltd
Oratava Avenue, West Pennant Hills $198,438.28 Borthwick & Pengilly Asphalts Pty Ltd
Ridgecrop Drive, Castle Hill $749,354.65 J&E Asphalt & Civil Pty Ltd
2. Council authorise the General Manager to issue projects, or parts of projects, from the above list to one of the alternate contractors if the successful contractor’s availability or performance of work is not satisfactory.
3. Council approve transfer of $70,000 of Reserve funds to Capital Works Project 550400.
QUESTIONS WITHOUT NOTICE
43 ACOUSTIC REQUIREMENTS OF COMMUNITY FACILITIES
Councillor Hay OAM enquired about Council’s current practice for Wrights Road Community Centre regarding acoustic requirements for hirers that may disturb other users of these community facilities.
The General Manager advised he would take the matter on notice.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
44 RESPITE FACILITIES
Councillor Hay OAM requested a report on what respite facilities are provided within the community for parents and carers of children with a disability or special needs, particularly during school holiday periods.
The General Manager advised he would take the matter on notice.
45 FOX BAITING
Councillor Hay OAM requested an update regarding the current fox baiting program.
The General Manager advised he would take the matter on notice but confirmed the matter of the fox coming from the Cumberland Forest had been referred to the Local Land Services.
46 COMMUNITY GRANTS PROCESS
Councillor Tracey enquired about when the review of the Community Grants Process would be completed and who would be undertaking the review.
The General Manager advised that an independent consultant is undertaking the review and it is almost complete. Following receipt of the report it will be brought to a Councillor’s Workshop.
47 PIONEER ROOM CONVERSION
Councillor Tracey enquired about when the Pioneer Room’s refurbishment is due to commence and conclude. In addition, how long would the other community rooms at Castle Grand be out of action and what work was expected in these rooms.
Mr Edgar, Group Manager Strategic Planning, advised he would take the matter on notice to provide a more detailed response but advised the intention was for construction to be undertaken from April to August.
48 TENDER EVALUATION DOCUMENTS
Councillor Lowe requested all tender evaluation documents provided to Councillors be individually sealed for Conflict of Interest purposes.
49 INTERSECTION - MASON ROAD, BOX HILL
Councillor Preston requested progress on the 3 way intersection of Mason Road, Box Hill and advised this intersection was still very dangerous.
The General Manager confirmed some works had already been completed but acknowledged there seemed to be an difference of opinion between the technical people the road users.
50 BARRY ROAD AND WITHERS ROAD, KELLYVILLE
Councillor Taylor raised the traffic issues around Barry Road and Withers Road Kellyville last week with drivers becoming frustrated with the traffic control staff and the extensive
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
The General Manager confirmed the problem was caused by a sub-contractor to a developer who turned up with hot asphalt at 7am instead of the requested 9am.
51 OUTDOOR GYM EQUIPMENT
Councillor Dr Byrne noted the outdoor gym equipment at Crestwood Reserve is well utilised and well loved by the residents and enquired if there were any plans to put exercise equipment in other parks, in particular Pioneer Park has received multiple requests.
The General Manager advised he would take the matter on notice.
52 REQUEST FOR INVESTIGATION – CODE OF CONDUCT
Councillor Thomas requested an investigation be undertaken to determine if any breaches of Council’s Code of Conduct occurred during debate of Item 2 of tonight’s business paper.
The General Manager advised he would take the matter on notice.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 20 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 20 in accordance with the following table and Section 11(2) of the Local Government Act.
ITEM NO.: 20
SUBJECT: DOMESTIC WASTE SERVICE - RECYCLING CONTRACT 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
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 February 2017
53 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 20 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 20 in accordance with the above table and Section 11(2) of the Local Government Act.
9.22pm Council entered into Closed Session.
ITEM-20 DOMESTIC WASTE SERVICE - RECYCLING
CONTRACT
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.
54 RESOLUTION
Council accept the tender of Visy Paper Pty Ltd for the Receival and Processing of Recyclables (T16-36) with the initial term to be seven years commencing on 1 October 2017 and including an option to extend in accordance with the contract. The accepted service will be to receive Recyclables at the Smithfield facility.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
55 RESOLUTION
The meeting resume in Open Council.
At 9.24pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council one resolution was passed. The General Manager read out the resolution for Item 20.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 28 February 2017.
MAYOR GENERAL MANAGER
