MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE NO. 1/2021 – ORDER OF AUSTRALIA AWARDS 3 ITEM-2 FURTHER REPORT - PLANNING PROPOSAL -
DERRIWONG ROAD AND OLD NORTHERN ROAD, DURAL (23/2016/PLP)
3
ITEM-3 NEW LOCAL ENVIRONMENTAL PLAN NATURAL DISASTERS CLAUSE (FP85)
5
ITEM-4 HILLS LOCAL PLANNING PANEL - APPOINTMENT OF CHAIR, ALTERNATE CHAIRS AND EXPERT MEMBERS
7
ITEM-5 ELLERSLIE DRIVE, WEST PENNANT HILLS - CONCRETE FOOTPATH CONSTRUCTION
7
ITEM-6 FOXALL ROAD, NORTH KELLYVILLE - PROPOSED PEDESTRIAN REFUGE ISLAND
8
ITEM-7 CLADDING PROGRAM STATUS REPORT 6
ITEM-8 DRAFT AMENDMENT TO THE AUDIT COMMITTEE CHARTER
8
ITEM-9 PECUNIARY INTEREST REPORT - DECEMBER 2020 6 ITEM-10 AUSTRALIAN GOVERNMENT LOCAL ROADS AND
COMMUNITY INFRASTRUCTURE (LRCI) PHASE 2 EXTENSION PROGRAM
8
ITEM-11 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
6
ITEM-12 TENDER T21-0086 CRESTWOOD RESERVE BAULKHAM HILLS - DESIGN AND CONSTRUCTION OF TWO PEDESTRIAN BRIDGES
7
QUESTIONS WITHOUT NOTICE 9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
1 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr S P Uno (Deputy Mayor) Clr R A Preston
Clr Dr P J Gangemi Clr B L Collins OAM Clr A N Haselden Clr J Jackson Clr M G Thomas Clr E M Russo Clr A J Hay OAM Clr R M Tracey Clr R Jethi
2 APOLOGIES Clr F P De Masi
3 TIME OF COMMENCEMENT 7.07pm
4 TIME OF COMPLETION 9.22pm
5 DECLARATIONS OF INTEREST Nil.
6 ARRIVALS AND DEPARTURES
7.20pm Councillor Jethi arrived at the meeting.
8.36pm Mayor Dr Byrne left the meeting during Item 6 and Deputy Mayor Councillor Uno assumed the Chair.
8.38pm Mayor Dr Byrne returned to the meeting during Item 6 and resumed the Chair.
9.12pm Councillor Thomas left the meeting and returned at 9.13pm during Questions Without Notice.
7 DISSENT FROM COUNCIL'S DECISIONS Nil.
8 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
The Mayor advised in accordance with the Code of Meeting Practice that this meeting is being recorded.
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR RUSSO THAT the Minutes of the Ordinary Meeting of Council held on 1 December 2020 be confirmed.
THE MOTION WAS PUT AND CARRIED.
9 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 1 December 2020 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR RUSSO AND SECONDED BY COUNCILLOR UNO THAT the apology from Councillor De Masi be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
10 RESOLUTION
The apology from Councillor De Masi be accepted and leave of absence granted.
MAYORAL MINUTE NO. 1/2021 – ORDER OF AUSTRALIA AWARDS
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR DR GANGEMI THAT this Mayoral Minute be received.
THE MOTION WAS PUT AND CARRIED.
11 RESOLUTION
This Mayoral Minute be received.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
7.20pm Councillor Jethi arrived at the meeting.
ITEM-2 FURTHER REPORT - PLANNING PROPOSAL - DERRIWONG ROAD AND OLD NORTHERN ROAD, DURAL (23/2016/PLP)
Proceedings in Brief
Ashleigh Ryan on behalf of Urbis addressed Council through the General Manager
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR TRACEY THAT this matter be deferred to a Councillor Workshop.
THE MOTION WAS PUT AND LOST.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr M R Byrne Clr A N Haselden Clr E M Russo Clr S P Uno
VOTING AGAINST THE MOTION Clr R Jethi
Clr R A Preston MP Clr Dr P J Gangemi Clr B L Collins OAM Clr J Jackson Clr M G Thomas Clr A J Hay OAM Clr R M Tracey MEETING ABSENT Clr F P De Masi
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED ON THE CASTING VOTE OF THE MAYOR.
12 RESOLUTION
1. Council proceed with Option 1 as set out in this Report.
2. Council proceed with discussions with the Proponent to prepare a draft Voluntary Planning Agreement to secure a contribution towards infrastructure improvements.
3. Council consider a further report on the draft Voluntary Planning Agreement and a Draft Development Control Plan for the site, prior to any public exhibition of the planning proposal.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr M R Byrne (Casting) Clr A J Hay OAM
Clr R A Preston MP Clr M G Thomas Clr B L Collins OAM Clr R Jethi
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
VOTING AGAINST THE MOTION Clr A N Haselden
Clr E M Russo Clr S P Uno
Clr Dr P J Gangemi Clr J Jackson Clr R M Tracey MEETING ABSENT Clr F P De Masi
ITEM-3 NEW LOCAL ENVIRONMENTAL PLAN NATURAL
DISASTERS CLAUSE (FP85)
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR JACKSON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
13 RESOLUTION
1. Council opt in to the new clause for inclusion in The Hills Local Environmental Plan.
2. Council indicate to the Department that the new clause be applied to the RU1 Primary Production, RU2 Rural Landscape, RU6 Transition, E3 Environmental Management, E4 Environmental Living, R2 Low Density Residential and R3 Medium Density Residential land use zones.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Mayor Dr M R Byrne Clr A N Haselden Clr E M Russo Clr S P Uno Clr R Jethi
Clr R A Preston MP Clr Dr P J Gangemi Clr B L Collins OAM Clr J Jackson Clr M G Thomas Clr A J Hay OAM Clr R M Tracey
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr F P De Masi
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR RUSSO THAT items 7, 9, 11 and 12 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
14 RESOLUTION
Items 7, 9, 11 and 12 be moved by exception and the recommendations contained therein be adopted.
ITEM-7 CLADDING PROGRAM STATUS REPORT
15 RESOLUTION
The report be received.
ITEM-9 PECUNIARY INTEREST REPORT - DECEMBER 2020 16 RESOLUTION
Council note the tabling of the Returns.
ITEM-11 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
17 RESOLUTION
1. Council consent to the release of a temporary right of access and two separate temporary drainage easements from the title of Lots 79 and 80 DP 1231811, 18 Kranji Street and 50 Pimlico Street, Box Hill and the Section 88B instrument accompanying the final plan of subdivision relating to stages two and three ((which have been combined by the developer) of Development Consent 1130/2016/ZB be authorised for execution under Council seal.
2. Council consent to the release of a temporary drainage easement from the title of Lot 510 DP 1230840, Development Lot George Street, Box Hill and the Section 88B instrument instrument accompanying the final plan of subdivision relating to Development Consent 1092/2017/ZA be authorised for execution under Council seal.
3. Council consent to the release of a temporary drainage easement and associated restriction on the use of land and positive covenant from the title of Lots 2200, 2207 and 2208 DP 1157558, 12, 12Y and 14 Charlemont Terrace, Bella Vista and the associated request documents be authorised for execution under Council seal.
4. Council consent to the release of the temporary drainage easement from the title of Lot 4 DP 1223975, Thorpe Way, Box Hill and the Section 88B instrument instrument accompanying the final plan of subdivision relating to the first stage of Development Consent 1937/2017/ZB 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 9 February 2021
5. Council consent to the release of three separate public stormwater easements and an unrelated restriction on the use of land from the title of Lot 2 DP 1237552 and Lot 3100 DP 1241081, Red Gables Road and Cataract Road, Gables and the Section 88B instrument instrument accompanying the final plan of subdivision relating to Development Consent 2051/2018/ZB be authorised for execution under Council seal (and with respect to the restriction on the use of land the associated request document be authorised for execution under Council seal too).
ITEM-12 TENDER T21-0086 CRESTWOOD RESERVE BAULKHAM HILLS - DESIGN AND CONSTRUCTION OF TWO PEDESTRIAN BRIDGES
18 RESOLUTION
Council accept the tender offer of the Preferrered Tenderer for Tender T21-0086 - Crestwood Reserve - Pedestrian Bridges for the contract sum of $458,248.66.
ITEM-4 HILLS LOCAL PLANNING PANEL - APPOINTMENT OF CHAIR, ALTERNATE CHAIRS AND EXPERT MEMBERS A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
19 RESOLUTION
1. The Minister for Planning and Public Spaces to be advised that Council has no objection to the reappointment of current chairs, alternate chairs and expert members of the Hills Local Planning Panel up to 30 June 2021.
2. The Mayor and General Manager to be delegated authority to select expert members prior to 30 June 2021.
3. The Mayor and General Manager be delegated authority to select community members prior to the expiry of their appointment.
ITEM-5 ELLERSLIE DRIVE, WEST PENNANT HILLS - CONCRETE FOOTPATH CONSTRUCTION
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
20 RESOLUTION
1. Approval be sought from the Department of Infrastructure, Transport, Regional Development and Communications to the construction of a concrete footpath in the section of Oratava Avenue, West Pennant Hills between Aiken Road and Timberline
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
Avenue as a replacement for the previously approved project in Ellerslie Drive, West Pennant Hills.
2. Upon receipt of that approval, Council proceed with construction of the concrete footpath in that section of Oratava Avenue.
8.36pm Mayor Dr Byrne left the meeting during Item 6 and Deputy Mayor Councillor Uno assumed the Chair.
8.38pm Mayor Dr Byrne returned to the meeting during Item 6 and resumed the Chair.
ITEM-6 FOXALL ROAD, NORTH KELLYVILLE - PROPOSED PEDESTRIAN REFUGE ISLAND
A MOTION WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
21 RESOLUTION
Subject to the endorsement of the Local Traffic Committee, Council approve the construction of the pedestrian refuge island on Foxall Road, North Kellyville as detailed in Figure 5 in the report.
ITEM-8 DRAFT AMENDMENT TO THE AUDIT COMMITTEE CHARTER
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR THOMAS THAT the amended Charter ECM document number 19281863 as provided in Attachment 1 of this report be adopted with 4.7 being amended to the following
“A quorum will consist of a majority of Committee Members”.
THE MOTION WAS PUT AND CARRIED.
22 RESOLUTION
The amended Charter ECM document number 19281863 as provided in Attachment 1 of this report be adopted with 4.7 being amended to the following “A quorum will consist of a majority of Committee Members”.
ITEM-10 AUSTRALIAN GOVERNMENT LOCAL ROADS AND COMMUNITY INFRASTRUCTURE (LRCI) PHASE 2 EXTENSION PROGRAM
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR COLLINS OAM 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 9 February 2021
23 RESOLUTION
1. Council accept the grant from the Australian Government of $5,474,722 (excluding GST) available under the Local Roads and Community Infrastructure (LCRI) Phase 2 Extension Program and nominate the projects listed in Attachment 4 to the report.
2. The nominated projects be immediately included in the 2020/21 Works Program once approved by the Department of Infrastructure, Transport, Regional Development and Communications.
3. Council agree to the execution of the LRCI Phase 2 Extension Program Funding Agreement by the General Manager.
4. The General Manager be given delegated authority to nominate any ‘Reserve’ projects as listed in Attachment 5 to the report to the Department of Infrastructure, Transport, Regional Development and Communications should savings be made following the completion of approved projects listed in Attachment 4 to the report.
5. Once approved by the Department of Infrastructure, Transport, Regional Development and Communications, the nominated ‘Reserve’ projects be immediately included in the relevant years Works Program.
9.12pm Councillor Thomas left the meeting and returned at 9.13pm during Questions Without Notice.
QUESTIONS WITHOUT NOTICE
24 BAULKHAM HILLS JUNCTION BUS STOP SHELTER
Councillor Hay OAM requested a Memo detailing the history and delay in providing a bus shelter for our residents since the relocation by TfNSW of the bus stop location. Our residents deserve this outstanding matter to be resolved. It’s taking almost as long as Arthur Street lights or the SES relocation.
The General Manager advised he would take the matter on notice and provide an update.
25 HILLS MEN’S SHED
Councillor Haselden received a request from the operators of Sun Valley Preschool in West Pennant Hills to thank the Hills Men’s Shed who repaired a hand operated water pump which the school used as part of its education experience. The repair work, willingly and enthusiastically carried out, is an example of the value of this great community organisation.
Hills Men’s Shed manufacture a soundly constructed weather proof street library box, some of which are in use within Parramatta City Council.
Councillor Haselden asked if the General Manager can discuss this facility with his counterpart at Parramatta to determine if our Council should make a small investment in supporting our local Men’s Shed and installing some trial street libraries.
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 9 February 2021
26 ST ANGELA’S PRIMARY SCHOOL – CASTLE HILL
Councillor Uno advised that Belle Marie Drive, Castle Hill has a footpath heading towards St Angela’s Primary School, but it is on the opposite side of the school. Can Council investigate the installation of a pathway along that stretch of road which is currently a dirt track?
The General Manager advised he would take the matter on notice.
27 OVERGROWN VEGETATION AND WEED – ROUND CORNER, DURAL
Councillor Preston advised that she received an email from Ray Cook of Round Corner, Dural in relation to vegetation and weeds, in particular he makes mention to the RMS Roads.
Mr Cook has asked if Council could raise the overgrown vegetation along the main roads where RMS has responsibility with RMS personnel.
28 HEZLETT ROAD UPGRADE
Councillor Dr Gangemi requested an update on when the kiss and ride in front of North Kellyville Public School and the Samantha Riley Drive/Hezlett Road lights will be completed.
The General Manager advised he would take the matter on notice and provide a response.
29 GRASS CUTTING/VEGETATION
Councillor Dr Gangemi requested Council look at trimming the grass/vegetation on the corner of the following intersections to help improve safety:
Pitt Town Road/Boundary Road, Maraylya
George Street/Terry Road, Box Hill
The General Manager advised he would take the matter on notice.
30 CHRISTMAS DISPLAY
Councillor Dr Gangemi advised that he had received a large amount of feedback from the community that the 2020 display could have incorporated more elements on the traditional meaning of Christmas such as a Nativity Scene. Councillor Dr Gangemi asked if a proposal design for the 2021 Christmas Display at Arthur Whitling Park, Castle Hill can be brought to Councillors for feedback.
The General Manager agreed that this item has not been to a Workshop. There has been a number of learnings from the last couple of years and Arthur Whitling Park and it may well be an opportunity to rethink what other alternative approaches Council could take. One of the biggest issues Council has had in the past is the expenditure and security.
31 CASTLE HILL CEMETERY
Councillor Russo advised that she had visited the Castle Hill Cemetery and noticed that there were a lot of weeds, rubbish and broken footpaths and asked if maintenance can be reviewed for the cemetery. Councillor Russo had photos which she would pass on to officers.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 February 2021
The General Manager advised he would take the matter on notice.
32 CHRISTMAS IN THE HILLS
Councillor Jackson made comment about the debate that was held about the investment and return on investment for Christmas in the Hills last year, and asked if Councillors could get some information around the success or the return based on that particular event?
The General Manager advised he would take the matter on notice.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 23 February 2021.
MAYOR GENERAL MANAGER
