MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
MAYORAL MINUTE NO. 1/2020 – PARTNERSHIP WITH WESTERN SYDNEY COMMUNITY LEGAL CENTRE LTD (WSCLC) TO PROVIDE FREE LEGAL ADVICE TO HILLS SHIRE RESIDENTS
4
MAYORAL MINUTE NO. 2/2020 – TRIBUTE TO THE ABDALLAH AND SAKR FAMILIES AND TO THE HILLS POLICE AREA COMMAND
4
ITEM-2 POST EXHIBITION - ARTHUR WHITLING PARK - PROPOSED PLAN OF MANAGEMENT
7
ITEM-3 DRAFT POLICY - PLANNING PROPOSAL PROPONENT ENGAGEMENT (FP211)
5
ITEM-4 WAVES FITNESS & AQUATIC CENTRE - EOI RESULT (EOI 20-3) & REDEVELOPMENT UPDATE
7
ITEM-5 PROPOSED CLOSURE & SALE OF PART SALTWATER CRESENT, NORTH KELLYVILLE
9
ITEM-6 ORDNARY COUNCIL MEETING MINUTES 9
ITEM-7 HAWKESBURY RIVER COUNTY COUNCIL DELEGATE 10 ITEM-8 MINUTES OF AUDIT COMMITTEE MEETING - 21
NOVEMBER 2019
6
ITEM-9 PECUNIARY INTEREST REPORT - DECEMBER 2019 6 ITEM-10 TENDER T20/17- SAMANTHA RILEY DRIVE RESERVE
SPORTS COMPLEX - DESIGN CONSULTANCY SERVICES
7
QUESTIONS WITHOUT NOTICE 11
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
1 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr R Jethi (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 F P De Masi Clr A J Hay OAM Clr R M Tracey Clr S P Uno 2 APOLOGIES
Nil.
3 TIME OF COMMENCEMENT 7.12pm
4 TIME OF COMPLETION 9.44pm
5 DECLARATIONS OF INTEREST Item 4 - Councillor Preston 6 ARRIVALS AND DEPARTURES
7.18pm Councillor Thomas left the meeting and returned at 7.23pm during Mayoral Minute 2/2020.
7.42pm Councillor Hay OAM left the meeting and returned at 7.43pm during Item 2.
7.49pm Councillor Hay OAM left the meeting and returned at 7.50pm during Item 2.
7.54pm Councillor Preston having previously declared a non-pecuniary, less significant conflict of interest left the meeting for Item 4 and returned at 8.51pm at the start of Item 5.
8.46pm Councillor Dr Gangemi left the meeting and returned at 8.48pm during Item 4.
8.52pm Councillor De Masi left the meeting and returned at 8.56pm during Item 6.
8.59pm Councillor Jackson left the meeting and returned at 9.02pm during Item 6.
9.04pm Councillor Thomas left the meeting and returned at 9.05pm during Item 6.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
7 DISSENT FROM COUNCIL'S DECISIONS
Item 4 - Councillor Thomas Item 4 - Councillor Jackson Item 5 - Councillor Tracey 8 ADJOURNMENT & RESUMPTION
Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
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 DE MASI AND SECONDED BY COUNCILLOR RUSSO THAT the Minutes of the Ordinary Meeting of Council held on 10 December 2019 be confirmed.
THE MOTION WAS PUT AND CARRIED.
9 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 10 December 2019 be confirmed.
7.18pm Councillor Thomas left the meeting and returned at 7.23pm during Mayoral Minute 2/2020.
MAYORAL MINUTE NO. 1/2020 – PARTNERSHIP WITH WESTERN SYDNEY COMMUNITY LEGAL CENTRE LTD (WSCLC) TO PROVIDE FREE LEGAL ADVICE TO HILLS SHIRE RESIDENTS
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HASELDEN THAT
1. This Mayoral Minute be received.
2. The General Manager be authorised to enter into a Memorandum of Understanding with Western Sydney Community Legal Centre Ltd for the operation of a service providing free legal advice to residents of The Hills Shire
THE MOTION WAS PUT AND CARRIED.
10 RESOLUTION
1. This Mayoral Minute be received.
2. The General Manager be authorised to enter into a Memorandum of Understanding with Western Sydney Community Legal Centre Ltd for the operation of a service providing free legal advice to residents of The Hills Shire
MAYORAL MINUTE NO. 2/2020 – TRIBUTE TO THE ABDALLAH AND SAKR FAMILIES AND TO THE HILLS POLICE AREA COMMAND
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR JETHI THAT
1. This Mayoral Minute be received;
2. A minute’s silence be observed to pay tribute to the Abdallah and Sakr families.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
THE MOTION WAS PUT AND CARRIED.
11 RESOLUTION
1. This Mayoral Minute be received;
2. A minute’s silence be observed to pay tribute to the Abdallah and Sakr families.
(A minutes silence was observed)
PETITIONS
12 SUBMISSION OBJECTING TO DA 860/2020/HA – 7 AMPHITHEATRE CIRCUIT BAULKHAM HILLS
Councillor Jackson tabled a submission objecting to the Development Application 860/2020/HA for a childcare centre at 7 Amphitheatre Circuit Baulkham Hills.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
ITEM-3 DRAFT POLICY - PLANNING PROPOSAL PROPONENT ENGAGEMENT (FP211)
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
13 RESOLUTION
1. Council adopt the Draft Planning Proposal Proponent Engagement Policy provided at Attachment 1, with the Policy to apply to all new planning proposal applications lodged with Council from 12 February 2020.
2. Council retrospectively offer the opportunity for each of the Proponents for the following planning proposal applications to present at a Councillor Workshop in accordance with the draft Policy, prior to a report to Council on whether or not the planning proposal should proceed to Gateway Determination:
a) 09/2019/PLP - 34-36 Brookhollow Avenue, Norwest (Merc Capital) b) 11/2019/PLP - 1 Columbia Court, Norwest (Merc Capital)
c) 13/2019/PLP - Cumberland State Forest (Forestry Corporation of NSW) d) 15/2019/PLP - Showground Precinct Key Sites (Showground Corp/APP) e) 04/2020/PLP - Rouse Hill Northern Residential Precinct (LendLease) f) 05/2020/PLP - Museum Discovery Centre (Create NSW/Milestone) g) 06/2020/PLP - Vivien Place, Castle Hill (Castle 7 Pty Ltd/Urbis) h) 07/2020/PLP - Rouse Hill Northern Frame (GPT)
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
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 R Jethi
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 F P De Masi Clr A J Hay OAM Clr R M Tracey Clr S P Uno
VOTING AGAINST THE MOTION None
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT items 8, 9 and 10 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
14 RESOLUTION
Items 8, 9 and 10 be moved by exception and the recommendations contained therein be adopted.
ITEM-8 MINUTES OF AUDIT COMMITTEE MEETING - 21 NOVEMBER 2019
15 RESOLUTION
Council adopt the recommendations of the Audit Committee Meeting dated 21 November 2019.
ITEM-9 PECUNIARY INTEREST REPORT - DECEMBER 2019 16 RESOLUTION
Council note the tabling of the Returns.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
ITEM-10 TENDER T20/17- SAMANTHA RILEY DRIVE RESERVE
SPORTS COMPLEX - DESIGN CONSULTANCY SERVICES
17 RESOLUTION
1. Council allocate additional funds of $150,857 (excluding GST).
2. Council award Tender T20-17 Samantha Riley Drive Reserve – Sports Complex to NBRS & Partners Pty. Ltd. for an overall cost including contingency of $388,200 (excluding GST) and the contract be authorised for execution under seal.
7.42pm Councillor Hay OAM left the meeting and returned at 7.43pm during Item 2.
7.49pm Councillor Hay OAM left the meeting and returned at 7.50pm during Item 2.
ITEM-2 POST EXHIBITION - ARTHUR WHITLING PARK - PROPOSED PLAN OF MANAGEMENT
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
18 RESOLUTION
1. The Draft Plan of Management for Arthur Whitling Park be adopted as exhibited.
2. Sydney Metro be advised that the Plan of Management has been adopted by Council following the public exhibition period.
7.54pm Councillor Preston having previously declared a non-pecuniary, less significant conflict of interest left the meeting for Item 4 and returned at 8.51pm at the start of Item 5.
8.46pm Councillor Dr Gangemi left the meeting and returned at 8.48pm during Item 4.
ITEM-4 WAVES FITNESS & AQUATIC CENTRE - EOI RESULT (EOI 20-3) & REDEVELOPMENT UPDATE
AN AMENDMENT WAS MOVED BY COUNCILLOR JACKSON THAT
1. Accept the recommendations of the EOI 20-3 for the nominated four (4) short listed firms as detailed in the Confidential Memo attached to this report;
2. Proceed with the select tender process for the Construction Contract for the Waves Redevelopment project that includes a separate tender package to construct the 25m pool;
3. Allow the novation of NBRS Partners Pty Ltd to the Construction Contractor as part of the construction Tender package;
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
4. That the proposed budget variation with respect to project management, be the
subject of a further report to Council.
5. Approve Contract variations as detailed below:
Tender T19/20 - NBRS Partners Pty Ltd reduction of $ 89,241
Tender T19/22 – Quantity Surveyor Services an increase of $ 28,000
THE AMENDMENT LAPSED THROUGH WANT OF A SECONDER.
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
19 RESOLUTION
It is recommended that Council endorse the following recommendations:
1. Accept the recommendations of the EOI 20-3 for the nominated four (4) short listed firms as detailed in the Confidential Memo attached to this report;
2. Proceed with the select tender process for the Construction Contract for the Waves Redevelopment project that includes a separate tender package to construct the 25m pool;
3. Allow the novation of NBRS Partners Pty Ltd to the Construction Contractor as part of the construction Tender package;
4. Approve a Budget variation of $ 617,269 funded from the Capital Works Reserve;
and
5. Approve Contract variations as detailed below:
Tender T19/20 - NBRS Partners Pty Ltd reduction of $ 89,241
Tender T19/21 - Turner Townsend Thinc Pty Ltd an increase of $ 517,255
Tender T19/22 – Quantity Surveyor Services an increase of $ 28,000
(Councillor Thomas and Councillor Jackson requested their names be recorded as opposing the Resolution of Council in this matter)
Councillors DE MASI and COLLINS OAM rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Mayor Dr M R Byrne
Clr R Jethi Clr S P Uno Clr F P De Masi Clr A N Haselden Clr E M Russo
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
Clr R A Preston
Clr Dr P J Gangemi Clr B L Collins OAM Clr A J Hay OAM Clr R M Tracey
VOTING AGAINST THE MOTION Clr M G Thomas
Clr J Jackson
ITEM-5 PROPOSED CLOSURE & SALE OF PART SALTWATER CRESENT, NORTH KELLYVILLE
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR RUSSO THAT the matter be deferred for further consideration at a Councillor Workshop.
THE MOTION WAS PUT AND CARRIED.
20 RESOLUTION
The matter be deferred for further consideration at a Councillor Workshop.
(Councillor Tracey requested his name be recorded as opposing the Resolution of Council in this matter)
8.52pm Councillor De Masi left the meeting and returned at 8.56pm during Item 6.
8.59pm Councillor Jackson left the meeting and returned at 9.02pm during Item 6.
9.04pm Councillor Thomas left the meeting and returned at 9.05pm during Item 6.
ITEM-6 BUSHFIRE RECOVERY AND OTHER EMERGENCIES DELEGATION AND REPORT
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR HASELDEN THAT
1. Council delegate to the General Manager the following delegation:
“In consultation with the Mayor, to coordinate and make available the use of Council’s resources (staff, plant and materials) in the event of, preparation for, responses to and recovery from emergencies such as bushfire, flood, earthquake, storms, tidal inundation or other declared state of emergency as deemed appropriate and in respect of any reasonable request of other Local Governments or State Agencies. The delegation is limited to a value of $100,000 and within the State of NSW. The delegation is to be followed by a report to the next meeting of Council.”
2. A minutes silence be observed to pay tribute to the RFS volunteers and community who lost their lives in the devastating bushfires.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
21 RESOLUTION
1. Council delegate to the General Manager the following delegation:
“In consultation with the Mayor, to coordinate and make available the use of Council’s resources (staff, plant and materials) in the event of, preparation for, responses to and recovery from emergencies such as bushfire, flood, earthquake, storms, tidal inundation or other declared state of emergency as deemed appropriate and in respect of any reasonable request of other Local Governments or State Agencies. The delegation is limited to a value of $100,000 and within the State of NSW. The delegation is to be followed by a report to the next meeting of Council.”
2. A minutes silence be observed to pay tribute to the RFS volunteers and community who lost their lives in the devastating bushfires.
(A minutes silence was observed)
SUSPENSION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT standing orders be suspended to elect the Hawkesbury River County Council Delegate.
THE MOTION WAS PUT AND CARRIED.
22 RESOLUTION
Standing orders be suspended to elect the Hawkesbury River County Council Delegate.
At 9.16pm standing orders were suspended.
ITEM-7 HAWKESBURY RIVER COUNTY COUNCIL DELEGATE A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR HAY OAM THAT the General Manager, as Returning Officer, undertake the process for the election of one Council Representative for the remainder of this Council term as a Board Member on the Hawkesbury River County Council in accordance with the relevant provisions of the Local Government Act 1993 and the Local Government (General) Regulation 2005, as detailed in this report.
THE MOTION WAS PUT AND CARRIED.
Proceedings in Brief
The General Manager, as Returning Officer, advised that only one valid nomination for the Board Member to the Hawkesbury River County Council had been received, this being from Councillor Uno.
The General Manager sought confirmation that there were no further nominations. This was confirmed.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
There being no further nominations, the General Manager declared Councillor Uno as duly elected Board Member to the Hawkesbury River County Council, for the remainder of this Council term.
23 RESOLUTION
Councillor Uno be elected Board Member to the Hawkesbury River County Council for the remainder of this Council term.
RESUMPTION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT standing orders be resumed.
THE MOTION WAS PUT AND CARRIED.
24 RESOLUTION
Standing orders be resumed.
At 9.17pm standing orders were resumed.
QUESTIONS WITHOUT NOTICE 25 BUS ROUTE
Councillor Haselden enquired about the status of the investigation of a dedicated morning bus route through West Pennant Hills Valley to the M2.
The General Manager advised he would take the matter on notice.
26 ILLEGAL DRIVING
Councillor Uno advised that residents have noticed that vehicles are crossing the double lines on Highs Road. This is occurring at the bus stop in front of Uniting Wirreanda Nursing Home in West Pennant Hills when a bus has stopped to drop off and pick up commuters.
Can Council please investigate traffic options available?
27 SAFTEY ISLAND ON OLD NORTHERN ROAD, MIDDLE DURAL SCHOOL
Councillor Preston tabled a letter from Callum Hoogesteger on behalf of the Middle Dural Public School P & C requesting a safety Island on Old Northern Road, Middle Dural School.
The General Manager advised he would take the matter on notice.
28 NOTICE TO SES AND FIRE BRIDGADE
Councillor Collins OAM received a phone call and email from Senior Officer, Brian Hodges in the Box Hill/Nelson Rural Fire Brigade who was the officer in charge of a fire call to grass alight in Janpieter Road, Box Hill. Brian Hodges asked why local developers are allowed to close and block our roads and put in diversions without adequate signage. Could Council please advise the SES and the Fire Brigade and necessary authorities when roads are closed or diversions are made to the main roads.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
The General Manager advised that there’s a process of notifying a temporary closing of a road. This matter was reported to the Local Traffic Committee but unsure whether that process extends to advising the Fire Brigade. The General Manger advised that he would take the matter on notice and investigate.
29 BOX HILL NELSON RURAL FIRE BRIGADE
Councillor Dr Gangemi thanked Keith Woodbury, Brian Hodges and the entire Box Hill Nelson Rural Fire Brigade for their efforts in fighting the Box Hill fire on 23 January 2020 and fires across NSW over the last six months
30 ANNANGROVE PARK
Councillor Dr Gangemi thanked Council Officers Mark Colburt, Andrew Brooks and Stephen Seabury for their incredible efforts in getting the amenities building ready for Australia Day at Annangrove Park. The building was a major factor in the success of the Annangrove Australia Day!
31 PLANNING PANELS
Councillor Dr Gangemi asked whether Council is able to place on our website the contact details of the members of the Local Planning Panel and the Sydney City Planning Panel so residents are able to directly contact Development Approval decisions makers
Councillor Jackson also asked if Council could liaise with the Panel to place on their website how to contact the panel or what the process actually is for residents to make a submission.
Councillor Jethi reiterated the above comments made by Councillors Dr Gangemi and Jackson as she was getting a lot of enquiries about Development Applications not approved by Council.
The General Manager advised that all enquiries of the panel need to go through the department and secretariat. Local Planning Panel enquiries or submissions should be made through Council. The Code of Conduct prevents the members of the panel from taking submissions individually. The process is that the panel takes representations all at the one time and will hear it on meeting in public view.
32 TERRY ROAD POTHOLES
Councillor Dr Gangemi asked if Council is able to fix the potholes on Terry Road, Box Hill between Nix Street and Hynds Road.
33 CONTRUCTION SITE – CORNER OF ANNANGROVE ROAD/EDWARDS ROAD
Councillor Dr Gangemi asked if Council can contact the construction company building the site at the corner of Annangrove Road and Edwards Road as numerous fences on the site have fallen over and need to be repositioned.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 February 2020
34 CENTENARY OF ANZAC RESERVE
Councillor Russo asked whether the cricket pitch has been permanently closed at the Centenary of Anzac Reserve and whether an alternative location has been offered to the Hills Barbarians. Councillor Russo wanted to ensure that Council is not favouring different sport and codes over another and pushing a summer sport out to favour another sport.
The General Manager advised he would take the matter on notice and give a full response.
35 SHUTTLE BUS SERVICE – BELLA VISTA FARM
Councillor De Masi asked how successful was the shuttle bus service for Australia Day at Bella Vista Farm and whether Council will continue with this service.
The General Manager advised he would need to collate the data and give a response.
36 EFFLUENT IN HAWKESBURY RIVER
Councillor Thomas asked for a briefing on environmental impact of effluent in the Hawkesbury River on a monthly basis.
37 PUBLIC TRANSPORT
Councillor Thomas noted Sydney’s public transport system failed during the recent wet weather.
38 LOCAL POOL CLOSURES
Councillor Thomas noted C2K Pool was currently closed and asked if Council were assisting residents with options for swimming squads in the local area.
39 THANK YOU
Councillor Jethi received an email from Ray and Jenny from Kenthurst thanking Council staff who replaced the post and reflectors and assisting them.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 25 February 2020.
MAYOR GENERAL MANAGER
