Councillor Tracey noted that Harmony Day is being held on 20 March 2018. Would Council also consider hosting this event next year to mark the day?

(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 March 2018

This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 13 March 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 PROPOSED AMENDMENTS TO BUSH FIRE PRONE LAND MAP (FP30)

3

ITEM-3 INDEPENDENT HEARING AND ASSESSMENT PANELS (IHAPS)

3

ITEM-4 DEED OF AGREEMENT BETWEEN KELLYVILLE PETS - TRAFFIC SIGNALS MILLCROFT WAY, KELLYVILLE

4

ITEM-5 SHARED FACILITIES HEADS OF AGREEMENT - NORTH KELLYVILLE PUBLIC SCHOOL

4

ITEM-6 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - FEBRUARY 2018

6

ITEM-7 ADOPTION OF DRAFT POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS

4

ITEM-8 AUDIT COMMITTEE 6

ITEM-9 TENDER T18/16 - APPOINTMENT OF LEASING AGENT AND MANAGING AGENT COMMERCIAL AND RETAIL PORTFOLIO

7

ITEM-10 TENDER T18/22 SPORTSFIELD LIGHTING TO SYNTHETIC FIELDS AT BERNIE MULLANE SPORTS COMPLEX

5

ITEM-11 PURCHASE OF PART 15 HYNDS ROAD, BOX HILL FOR ROAD WIDENING

5

ITEM-12 PURCHASE OF 104 ARNOLD AVENUE, KELLYVILLE FOR PUBLIC RECREATION

5

ITEM-13 NSW FIRE & RESCUE INSPECTION REPORT - 4 MONEY CLOSE ROUSE HILL

5

QUESTIONS WITHOUT NOTICE 7

ITEM-14 COMPULSORY ACQUISITION OF 38 TERRY ROAD, BOX HILL FOR LOCAL DRAINAGE & ROAD WIDENING

10

ITEM-15 REVIEW OF ORGANISATIONAL STRUCTURE 11

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 March 2018

This is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 13 March 2018

72 PRESENT

Mayor Dr M R Byrne (In the Chair) Clr R A Preston (Deputy Mayor) Clr Dr P J Gangemi

Clr B L Collins OAM Clr R Jethi

Clr M G Thomas Clr R K Harty OAM Clr E M Russo Clr F P De Masi Clr A J Hay OAM Clr R M Tracey Clr A N Haselden Clr S P Uno

73 APOLOGIES Nil.

74 TIME OF COMMENCEMENT 7.00pm

75 TIME OF COMPLETION 8.14pm

76 DECLARATIONS OF INTEREST Nil.

77 ARRIVALS AND DEPARTURES

7.04pm Councillor Hay OAM arrived at the meeting during Item 1.

7.08pm Councillor Jethi arrived at the meeting during Item 6.

78 DISSENT FROM COUNCIL'S DECISIONS Nil.

79 ADJOURNMENT & RESUMPTION Nil.

(3)

7.04pm Councillor Hay OAM arrived at the meeting during Item 1.

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR DE MASI THAT the Minutes of the Ordinary Meeting of Council held on 27 February 2018 be confirmed.

THE MOTION WAS PUT AND CARRIED.

80 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 27 February 2018 be confirmed.

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR COLLINS OAM THAT Items 2, 3, 4, 5, 7, 10, 11, 12 and 13 be moved by exception and the recommendations contained in the reports be adopted.

81 RESOLUTION

Items 2, 3, 4, 5, 7, 10, 11, 12 and 13 be moved by exception and the recommendations contained in the reports be adopted.

ITEM-2 PROPOSED AMENDMENTS TO BUSH FIRE PRONE LAND MAP (FP30)

82 RESOLUTION

Council write to the Commissioner of the NSW Rural Fire Service requesting certification of the amended Bush Fire Prone Land map applying to The Hills Shire Council as provided as Attachment 1.

ITEM-3 INDEPENDENT HEARING AND ASSESSMENT PANELS (IHAPS)

83 RESOLUTION

1. The delegations with respect to the Development Assessment Unit be amended as outlined in Attachment 6.

(4)

2. A submissions policy be prepared and referred to the Secretary of the Department of Planning and Environment for approval, requiring the submission of 25 or more unique submissions for a development application to be referred to the Panel.

ITEM-4 DEED OF AGREEMENT BETWEEN KELLYVILLE PETS - TRAFFIC SIGNALS MILLCROFT WAY, KELLYVILLE 84 RESOLUTION

The General Manager be authorised to sign the proposed Deed of Agreement between Council and Kellyville Pets, requiring the payment of $100,000 to Council under the terms specified in the Deed.

ITEM-5 SHARED FACILITIES HEADS OF AGREEMENT - NORTH KELLYVILLE PUBLIC SCHOOL

85 RESOLUTION

The General Manager be authorised to sign the non-binding Heads of Agreement with the Department of Education for the shared use of public open space along Hezlett Road adjacent to the proposed North Kellyville Primary School subject to the non-binding agreement to address:

1. Council is not liable for the legal cost of Hunt & Hunt in preparing the agreement for future leases, or other documents to give effect to the shared use of facilities.

2. The Council and Department reach some agreement as to the costs of maintenance and renewal of the sporting field given the school will have the use and benefit of the facility for the 20 year period.

3. No commitment on the provision of the turf or synthetic playing surface until the cost sharing arrangement for renewal and maintenance is agreed.

ITEM-7 ADOPTION OF DRAFT POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS

86 RESOLUTION

1. The draft Policy for the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be placed on public exhibition for a period of 28 days in accordance with Section 253(1) of the Local Government Act.

2. At the conclusion of the exhibition period a further report be submitted to Council with details of any submissions received.

3. At the conclusion of the exhibition period and in the event of no submissions being received, Council adopt the draft Policy for the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors as advertised without a further report to Council.

(5)

ITEM-10 TENDER T18/22 SPORTSFIELD LIGHTING TO SYNTHETIC FIELDS AT BERNIE MULLANE SPORTS COMPLEX

87 RESOLUTION

Council accept the tender from Smada Electrical Services Pty. Ltd. for the Installation of Sports field lighting at Bernie Mullane Sports Complex, Synthetic Playing Fields and approves expenditure up to $347,952.00 (excluding GST) for the Tender amount including contingency.

ITEM-11 PURCHASE OF PART 15 HYNDS ROAD, BOX HILL FOR ROAD WIDENING

88 RESOLUTION

1. Council agree to purchase Lot 2 in a subdivision of Lot 82 DP 10157, 15 Hynds Road, Box Hill being land designated SP2 Road Widening for $2,307,000 plus GST and disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.

2. Council classify Lot 2 in a subdivision of Lot 82 DP 10157 as “Operational Land” upon acquisition to allow dedication as public road.

3. Upon acquisition, Lot 2 in a subdivision of Lot 82 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 NSW Land Registry Services.

ITEM-12 PURCHASE OF 104 ARNOLD AVENUE, KELLYVILLE FOR PUBLIC RECREATION

89 RESOLUTION

1. Council agree to purchase Lot 11 DP 1210789, 104 Arnold Avenue, Kellyville being land designated public recreation for $1,434,000 plus GST and disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.

2. Council classify Lot 11 DP 1210789 as “Community Land” and deemed non- rateable pursuant to Sections 25 and 556 respectively of the Local Government Act 1993.

ITEM-13 NSW FIRE & RESCUE INSPECTION REPORT - 4 MONEY CLOSE ROUSE HILL

90 RESOLUTION

The Commissioner of FRNSW be advised that on 23 February 2018 Council staff issued a modified Order No. 6 requiring upgrade works to the hydrant system be undertaken.

(6)

7.08pm Councillor Jethi arrived at the meeting during Item 6.

ITEM-6 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - FEBRUARY 2018

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR UNO THAT Council adopt the recommendations of the Local Traffic Committee for February 2018 as detailed in the report with the exception of Item 1 that the parking restriction be ‘no stopping’ at the end of the cul-de-sac only and for Item 2 the report be received.

91 RESOLUTION

Council adopt the recommendations of the Local Traffic Committee for February 2018 as detailed in the report with the exception of Item 1 that the parking restriction be ‘no stopping’ at the end of the cul-de-sac only and for Item 2 the report be received.

ITEM-8 AUDIT COMMITTEE

A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR DE MASI THAT

1. Council notes the advice in the report and agrees with proceeding as outlined in

"Option 1" in the report.

2. The draft Audit Charter be amended at 2(b) to include four (4) Councillors instead of three (3) as members determined by Council and with that amendment, the Charter as printed as Attachment 1 of the report be adopted.

3. The following Councillors be appointed to the Audit Committee: the Mayor, Councillor Thomas, Councillor Hay OAM, Councillor Haselden and Councillor Uno.

4. The General Manager commence recruitment of the independent community members through an expression of interest process with the results being the subject of a future report to Council for endorsement of those members.

92 RESOLUTION

1. Council notes the advice in the report and agrees with proceeding as outlined in

"Option 1" in the report.

2. The draft Audit Charter be amended at 2(b) to include four (4) Councillors instead of three (3) as members determined by Council and with that amendment, the Charter as printed as Attachment 1 of the report be adopted.

3. The following Councillors be appointed to the Audit Committee: the Mayor, Councillor Thomas, Councillor Hay OAM, Councillor Haselden and Councillor Uno.

(7)

4. The General Manager commence recruitment of the independent community members through an expression of interest process with the results being the subject of a future report to Council for endorsement of those members.

ITEM-9 TENDER T18/16 - APPOINTMENT OF LEASING AGENT AND MANAGING AGENT COMMERCIAL AND RETAIL PORTFOLIO

A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR COLLINS OAM THAT the report be deferred to a Councillor Workshop.

93 RESOLUTION

The report be deferred to a Councillor Workshop.

QUESTIONS WITHOUT NOTICE

94 BOX TRAILERS – VICTORIA AVENUE, CASTLE HILL

Councillor Hay OAM made the observation that the number of box trailers without advertising was zero last night on Victoria Avenue, Castle Hill and congratulated Council’s proactive stance on warning the people about the change in legislation.

95 CIVIC EVENTS, INTERNATIONAL WOMEN’S DAY AND HARMONY DAY

Councillor Tracey advised that he attended the International Women’s Day last Thursday held by Norwest Sunrise Rotary Club and noted attendance by the Mayor as well. Councillor Tracey congratulated the Rotary Club for holding this event. Can Council’s Event Team consider hosting an International Women’s Day next year?

The General Manager advised that the cost would be determined by the budget and it is open to Council to hold the events.

96 HARMONY DAY

Councillor Tracey noted that Harmony Day is being held on 20 March 2018. Would Council also consider hosting this event next year to mark the day?

The General Manager advised that the cost would be determined by the budget and it is open to Council to hold the event.

97 QUESTIONS WITHOUT NOTICE

Councillor Preston asked if it was possible for Council to put “Questions Without Notice”

as the last item on the Agenda for each Business Paper.

The General Manager confirmed the current Code of Meeting Practice allows Questions Without Notice. The General Manager advised that the exhibited and not yet in force Code of Meeting Practice guidelines don’t but this is a matter for Council to consider.

(8)

Staff and colleagues are not obliged to answer Questions Without Notice, but it seems to be contributing to the efficient operation of meetings. Council is writing a letter to the Department to suggest that the exhibited Code of Meeting Practice is not presented in that form, but will wait to see the outcome of the submissions.

98 MAIL BOXES ERECTED CLOSE TO THE KERB OUTSIDE RESIDENTIAL PROPERTY BOUNDARIES

Councillor De Masi commented that he had taken a drive through Castle Hill for a meeting and focussed on First Farm Drive, Castle Hill and streets that connected the First Farm Drive. Councillor De Masi noticed that there were a number of letter boxes installed at the roadside edge (photos attached). The bulk of these cheaper style letter boxes had an existing mail box directly behind on the residents boundary. Councillor De Masi believes that this contravenes Council’s Guidelines of having a mail box in the front of one’s home and asked if Council is open to any litigation if someone is injured as a result of the mail boxes being erected close to the kerb and how widespread is this throughout the Hills Shire?

The General Manager advised he would take the matter on notice.

99 SHARED BIKES

Councillor De Masi noted the massive media attention the Shared Bikes have created throughout Council areas particular those closest to the CBD. Councillor De Masi saw an abandoned shared bike along First Farm Drive today (photo attached). Councillor De Masi asked whether Council has a Policy to deal with this issue should it extend to the Hills.

The General Manager advised that there is no Council Policy relating to Abandoned Bikes. If Council was to impound them and if there was such a policy, the Act has fairly strict requirements of how Council is allowed to dispose of impounded goods. The General Manager advised he would take the matter on notice and provide a response.

100 SHOPPING TROLLEYS

Councillor De Masi also noticed in his drive through Castle Hill Precinct today that there were at least 100 abandoned shopping trolleys in close vicinity of Castle Towers near apartment buildings. Councillor De Masi asked whether a requirement can be placed on QIC or any other Major Centre proposed in the Hills that a mandatory magnetic locking field be installed at Shopping Centre entry and exit points including car parks to stop trolleys being taken outside the boundaries of the Shopping Centre.

The Group Manager, Environment and Planning advised that for the last few years Council has imposed a Condition of Consent on new shopping centres to have a geospatial system that stops/locks trolleys up once they leave a particular premises and this has worked successfully where implemented. Castle Towers have consents in place to have the same requirement, but they have not implemented those consents yet.

Councillor Hay OAM enquired what Council was doing about the abandoned shopping trolleys?

(9)

The Group Manager Customer Services replied that 150 trolleys were collected recently from the problem areas and Castle Towers Shopping Centre was requested to get them collected. In the last week or two, Council did a Media Release on abandoned trolleys and there is a lot of information on our website trying to educate residents.

101 CRESTWOOD RESERVE, BAULKHAM HILLS

Councillor Thomas made a comment that he was proud to be a resident of the Hills Shire as one of the series of “My Kitchen Rules” was shot at Crestwood Reserve and showcased the Hills area.

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR HAY OAM THAT

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 14 and 15 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 Items 14 and 15 in accordance with the following table and Section 11(2) of the Local Government Act.

ITEM NO.: 14

SUBJECT: COMPULSORY ACQUISITION OF 38 TERRY ROAD, BOX HILL FOR LOCAL DRAINAGE & ROAD WIDENING

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.

(10)

ITEM NO.: 15

SUBJECT: REVIEW OF ORGANISATIONAL STRUCTURE Associated Report: N/A

Reason for Confidentiality: To allow Council to consider workplace structure that may affect personnel prior to it becoming public.

Section: 10A(2)(a)

Public Interest On balance, the public interest in preserving the confidentiality about the content, contained within the report outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information might compromise Council’s decision making process.

THE MOTION WAS PUT AND CARRIED

102 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect of Items 14 and 15 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 Items 14 and 15 in accordance with the above table and Section 11(2) of the Local Government Act.

7.35pm Council entered into Closed Session.

ITEM-14 COMPULSORY ACQUISITION OF 38 TERRY ROAD, BOX HILL FOR LOCAL DRAINAGE & ROAD WIDENING

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.

103 RESOLUTION

1. Council proceed with the compulsory acquisition under “Hardship” of Lots 1 & 3 in Plan of Acquisition DP 1238298, 38 Terry Road, Box Hill in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Council submit the necessary application to the Minister for Local Government under Section 187(2) of the Local Government Act 1993 to obtain approval from the NSW Governor in terms of Section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for the publication of an Acquisition Notice in the NSW Government Gazette.

3. Upon gazettal Council classify Lot 3 in Plan of Acquisition DP 1238298 as

“Community Land” and deemed non-rateable pursuant to Section 556 of the Local Government Act 1993.

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4. Upon gazettal Council classify Lot 1 in Plan of Acquisition DP 1238298 as

“Operational Land”.

5. Upon gazettal Lot 1 in Plan of Acquisition DP 1238298 be dedicated as Public Road pursuant to Section 10, Roads Act 1993.

6. A Deed of Release and Request document notifying the Registrar General of the proposed acquisitions be authorised for execution under Seal.

7. A “Without Prejudice” offer of $7,515,250 plus GST for purchase Lots 1 & 3 in Plan of Acquisition DP 1238298 (Lot 2 DP 27502), 38 Terry Road, Box Hill be forwarded to the Owners for their consideration.

ITEM-15 REVIEW OF ORGANISATIONAL STRUCTURE Proceedings in Brief

The Group Managers and staff were requested to leave the chambers during discussion of this item.

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR PRESTON THAT

1. Council adopt the Organisation Structure as outlined in attachment 1 (attached to the run sheet ECM # 16736325) with the exception that all designated senior staff reporting directly to the General Manager be termed “Group Manager” and the Consenting and Compliance Group be renamed Development Compliance.

2. Council designate the Group Manager Development Compliance, Group Manager Customer, Community and Technology, Group Manager Infrastructure & Works, Group Manager Shire Strategy, Transformation & Solutions and the Group Manager Financial & Organisational Performance as senior staff positions pursuant to the Local Government Act 1993.

3. The adopted organisational chart as outlined in attachment 1 (attached to the run sheet) and as amended by this resolution be made a public document.

4. The General Manager commence the required consultation and other industrial procedures to give effect to Council’s adopted structure as outlined in this report.

104 RESOLUTION

1. Council adopt the Organisation Structure as outlined in attachment 1 (attached to the run sheet ECM # 16736325) with the exception that all designated senior staff reporting directly to the General Manager be termed “Group Manager” and the Consenting and Compliance Group be renamed Development Compliance.

2. Council designate the Group Manager Development Compliance, Group Manager Customer, Community and Technology, Group Manager Infrastructure & Works, Group Manager Shire Strategy, Transformation & Solutions and the Group Manager

(12)

Financial & Organisational Performance as senior staff positions pursuant to the Local Government Act 1993.

3. The adopted organisational chart as outlined in attachment 1 (attached to the run sheet) and as amended by this resolution be made a public document.

4. The General Manager commence the required consultation and other industrial procedures to give effect to Council’s adopted structure as outlined in this report.

At 8.10pm the Committee Secretaries returned to the Council Chambers.

OPEN COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR HAY OAM THAT the meeting resume in Open Council.

105 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 two (2) resolutions were passed. The General Manager read out the resolutions for Items 14 and 15.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 27 March 2018.

MAYOR GENERAL MANAGER