MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
MAYORAL MINUTE NO 16/2018 – WHITE RIBBON 4
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL - BOX HILL NORTH ('THE GABLES') PRECINCT B (14/2018/PLP)
5
ITEM-3 SUBURB BOUNDARY AND NAMING - ROUSE HILL AND BOX HILL LOCALITIES (FP248)
9
ITEM-4 WESTERN SYDNEY AEROTROPOLIS - LAND USE AND INFRASTRUCTURE IMPLEMENTATION PLAN (FP85)
9
ITEM-5 SEPTEMBER 2018 LTC - FREE SETTLERS DRIVE AND RUTHERFORD AVENUE, KELLYVILLE - REQUEST FOR 'WORKS ZONE'
6
ITEM-6 SEPTEMBER 2018 LTC - NO. 32 MILL DRIVE, NORTH ROCKS - PROPOSED 'WORKS ZONE'
7
ITEM-7 REVIEW OF DELEGATES TO STATUTORY
BODIES/FORUMS AND MEMBERSHIPS
10
ITEM-8 PUBLIC INTEREST DISCLOSURE POLICY REVIEW 7 ITEM-9 ANNUAL PECUNIARY INTEREST RETURNS 2017/18 7 ITEM-10 CLOSURE AND SALE OF PART OLD PITT TOWN ROAD,
BOX HILL
7
ITEM-11 PURCHASE OF 13 DAWES AVENUE, CASTLE HILL FOR PUBLIC RECREATION
7
ITEM-12 PURCHASE OF 15 TERRY ROAD, BOX HILL FOR LOCAL DRAINAGE
8
ITEM-13 LEASE - SCOUTS ASSOCIATION OF AUSTRALIA NEW SOUTH WALES, COL SUTTON PARK RESERVE, 77Z BAULKHAM HILLS ROAD, BAULKHAM HILLS, LOT 1 DP 839256
8
ITEM-14 NSW FIRE & RESCUE INSPECTION REPORT - THE 'ATMOSPHERE' BUILDING, 299-301 OLD NORTHERN ROAD, CASTLE HILL
8
QUESTIONS WITHOUT NOTICE 11
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
CLOSED COUNCIL 12
ITEM-15 RECYCLING PROCESSING SERVICES CONTRACT & NSW CONTAINER DEPOSIT SCHEME REFUND SHARING AGREEMENT
13
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
581 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr A N Haselden (Deputy Mayor) Clr R A Preston
Clr Dr P J Gangemi Clr B L Collins OAM Clr R Jethi
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
582 TIME OF COMMENCEMENT 7.05pm
583 TIME OF COMPLETION 8.45pm
584 DECLARATIONS OF INTEREST Nil.
585 ARRIVALS AND DEPARTURES
8.00pm Councillor Jethi left the meeting and returned at 8.03pm during Questions Without Notice.
586 DISSENT FROM COUNCIL'S DECISIONS
Item 4 Councillor Hay OAM and Councillor Tracey Item 7 Councillor Tracey
587 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR RUSSO THAT the Minutes of the Ordinary Meeting of Council held on 25 September 2018 be confirmed.
THE MOTION WAS PUT AND CARRIED.
588 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 25 September 2018 be confirmed.
MAYORAL MINUTE NO. 16/2018 – WHITE RIBBON
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 purchase a table of ten (10) and nominate Councillors to represent Council at this event. If Councillors are unable to attend, Council staff will be nominated by the General Manager to attend on Council’s behalf.
3. Standing orders be suspended to allow Councillors to sign the pledge.
4. The pledge document is to be kept in the Council foyer for members of the public to sign.
THE MOTION WAS PUT AND CARRIED.
589 RESOLUTION
1. This Mayoral Minute be received.
2. The General Manager be authorised to purchase a table of ten (10) and nominate Councillors to represent Council at this event. If Councillors are unable to attend, Council staff will be nominated by the General Manager to attend on Council’s behalf.
3. Standing orders be suspended to allow Councillors to sign the pledge.
4. The pledge document is to be kept in the Council foyer for members of the public to sign.
SUSPENSION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR PRESTON THAT Standing Orders be suspended to allow Councillors to sign the pledge.
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 October 2018
590 RESOLUTION
Standing Orders be suspended to allow Councillors to sign the pledge.
At 7.13pm Standing Orders were suspended.
RESUMPTION OF STANDING ORDERS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR PRESTON THAT Standing Orders be resumed.
THE MOTION WAS PUT AND CARRIED.
591 RESOLUTION
Standing Orders be resumed.
At 7.21 pm Standing Orders were resumed.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL - BOX HILL NORTH ('THE GABLES') PRECINCT B (14/2018/PLP) A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR UNO THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
592 RESOLUTION
1. The planning proposal to amend The Hills Local Environmental Plan 2012 to relocate R3 Medium Density Residential and R4 High Density Residential zoned land at 5 Red Gables Road, Box Hill (Lot 45 and 46 DP255616) and Lot 2211 Peperino Street, Box Hill (Lot 2211 DP1217661) as outlined in this report proceed to finalisation.
2. Council adopt draft The Hills Development Control Plan (Part D Section 17 – Box Hill North) (Attachment 3), with commencement of these amendments to occur following notification of the amendment to The Hills Local Environmental Plan 2012 on the NSW Legislation website.
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 R A Preston 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 October 2018
Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr Dr P J Gangemi Clr A J Hay OAM Clr S P Uno
VOTING AGAINST THE MOTION Clr R M Tracey
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR JETHI THAT items 5, 6, 8, 9, 10, 11, 12, 13 and 14 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
593 RESOLUTION
Items 5, 6, 8, 9, 10, 11, 12, 13 and 14 be moved by exception and the recommendations contained therein be adopted.
ITEM-5 SEPTEMBER 2018 LTC - FREE SETTLERS DRIVE AND RUTHERFORD AVENUE, KELLYVILLE - REQUEST FOR 'WORKS ZONE'
594 RESOLUTION
1. In accordance with Figure 2 of the report, Council approve the installation of:
a) 24 metres of temporary ‘Works Zone 7.00am -5.00pm Monday – Saturday’
restrictions at Nos. 2-8 Free Settlers Drive, Kellyville;
b) 24 metres of temporary ‘Works Zone 7.00am – 5.00pm Monday – Saturday’
restrictions in Rutherford Avenue, Kellyville.
2. The General Manager be given delegated authority to approve any future request for an extension to the ‘Works Zone’ up to a maximum of two months beyond the initial fourteen month period.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
ITEM-6 SEPTEMBER 2018 LTC - NO. 32 MILL DRIVE, NORTH ROCKS - PROPOSED 'WORKS ZONE'
595 RESOLUTION
1. Council approve the installation of 12 metres of temporary ‘Works Zone 7.00am -5.00pm Monday – Saturday’ restrictions at No. 32 Mill Drive, North Rocks for 24 weeks.
2. The General Manager be given delegated authority to approve any future request for an extension to the ‘Works Zone’ up to a maximum of two months beyond the initial 24 weeks.
ITEM-8 PUBLIC INTEREST DISCLOSURE POLICY REVIEW 596 RESOLUTION
1. Council adopt the Public Interest Disclosures Policy as outlined in Attachment 1
2. The General Manager be authorised to amend the name of any of the designated Disclosure Officers shown in the Policy as required in the future without the need to report to Council
ITEM-9 ANNUAL PECUNIARY INTEREST RETURNS 2017/18 597 RESOLUTION
Council note the tabling of Returns.
ITEM-10 CLOSURE AND SALE OF PART OLD PITT TOWN ROAD, BOX HILL
598 RESOLUTION
1. Council approve the road closure and sale as detailed in this report with the Plan of Road Closure, Contract, Deed, Transfer, Request Documents, Transfer Granting Easement and Section 88B Instrument authorised for execution under seal.
2. Council approve a transfer of $111,300 to the Road Closure Reserve in a future Budget Review.
ITEM-11 PURCHASE OF 13 DAWES AVENUE, CASTLE HILL FOR PUBLIC RECREATION
599 RESOLUTION
1. Council agree to purchase Lot 445 DP 253971, 13 Dawes Avenue, Castle Hill being land designated public recreation for $1,650,000 GST Exclusive plus reasonable disturbance costs and disadvantage resulting from relocation in the statutory amount of $75,000 with a Contract, Deed & Transfer authorised for execution under seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
2. Council agree for the owners of Lot 445 DP 253971, 13 Dawes Avenue, Castle Hill to remain in occupation of the property post settlement for a period of up to three (3) months rent free.
3. Council agree to a shortened settlement period of 28 days rather than the normal 42 days.
4. Council classify Lot 445 DP 253971 as “Community Land” and deemed non-rateable pursuant to Sections 25 and 556 respectively of the Local Government Act (NSW) 1993.
ITEM-12 PURCHASE OF 15 TERRY ROAD, BOX HILL FOR LOCAL DRAINAGE
600 RESOLUTION
1. Council agree to purchase Lot 95 DP 10157, 15 Terry Road, Box Hill being land designated local drainage for $5,436,500 plus GST and disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.
2. Upon acquisition, Council classify Lot 95 DP 10157 as “Operational Land” pursuant to Section 25 of the Local Government Act 1993.
ITEM-13 LEASE - SCOUTS ASSOCIATION OF AUSTRALIA NEW SOUTH WALES, COL SUTTON PARK RESERVE, 77Z BAULKHAM HILLS ROAD, BAULKHAM HILLS, LOT 1 DP 839256
601 RESOLUTION
Pursuant to Section 47 of the Local Government Act, Council grant a Lease to Scouts Association of Australia, New South Wales at Col Sutton Park Reserve, 77Z Baulkham Hills Road, Baulkham Hills subject to the terms and conditions detailed in this report, with a Lease executed under Seal.
ITEM-14 NSW FIRE & RESCUE INSPECTION REPORT - THE 'ATMOSPHERE' BUILDING, 299-301 OLD NORTHERN ROAD, CASTLE HILL
602 RESOLUTION
1. The Commissioner of FRNSW be advised that Council staff have issued a Notice of Intention to Give a Fire Safety Order Number 1 to the Owners of the property. The proposed Fire Safety Order requires a fire safety audit of the premises to be undertaken by an independent C10 Accredited Fire Safety Engineer or A1 Accredited Certifier (unconditional) and Fire Safety Audit Report prepared. Upon receipt of any representations, the Manager of Regulatory Services will determine if the Fire Safety Order will be issued. Any deficiencies identified and their rectification will be the subject of a further Fire Safety Order.
2. The Commissioner of FRNSW be further advised if a Fire Safety Order is issued.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
ITEM-3 SUBURB BOUNDARY AND NAMING - ROUSE HILL AND BOX HILL LOCALITIES (FP248)
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
603 RESOLUTION
Council exhibit a proposal for suburb realignment and naming consistent with the map contained in Figure 8 of this report which includes creation of a new ‘Red Gables’ suburb, implementation of corresponding changes to the boundaries of Maraylya and Nelson, and relocation of the boundary between Rouse Hill and Box Hill to align with residential and commercial zone boundaries.
ITEM-4 WESTERN SYDNEY AEROTROPOLIS - LAND USE AND INFRASTRUCTURE IMPLEMENTATION PLAN (FP85)
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR GANGEMI THAT
1. A submission be made to the Department of Planning & Environment in response to the exhibition of the ‘Land Use and Infrastructure Implementation Plan’ for the Western Sydney Aerotropolis requesting:
a. The Department note Council’s acknowledgement of the conclusion of the Outer Sydney Orbital Corridor at Richmond Road; and
b. The corridor investigations for the North South Rail Link between Cudgegong Road and St Marys be prioritised and funding committed to ensure that the regional transport network adequately connects the Aerotropolis to the Central City, thereby facilitating the delivery of the 30 minute city vision of the Region and District Plans.
2. A letter be forwarded to the Department of Planning & Environment containing this resolution as Council’s submission.
THE MOTION WAS PUT AND CARRIED.
604 RESOLUTION
1. A submission be made to the Department of Planning & Environment in response to the exhibition of the ‘Land Use and Infrastructure Implementation Plan’ for the Western Sydney Aerotropolis requesting:
a. The Department note Council’s acknowledgement of the conclusion of the Outer Sydney Orbital Corridor at Richmond Road; and
b. The corridor investigations for the North South Rail Link between Cudgegong Road and St Marys be prioritised and funding committed to ensure that the regional transport network adequately connects the Aerotropolis to the
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
Central City, thereby facilitating the delivery of the 30 minute city vision of the Region and District Plans.
2. A letter be forwarded to the Department of Planning & Environment containing this resolution as Council’s submission.
(Councillors Hay OAM and Tracey requested their names be recorded as opposing the Resolution of Council in this matter)
ITEM-7 REVIEW OF DELEGATES TO STATUTORY
BODIES/FORUMS AND MEMBERSHIPS
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR COLLINS OAM THAT
1. Council appoint two (2) delegates to The Hawkesbury River County Council, Councillor Preston and Councillor Collins OAM.
2. Council appoint the Mayor or the Mayor’s nominee to the Local Traffic Committee.
3. Council appoint one (1) delegate to The Hills Accord, Councillor Frank De Masi.
4. Council appoint one (1) delegate to the NSW Metropolitan Public Libraries Association, Councillor Jethi.
5. Council appoint one (1) delegate and an alternate to The Hills Bushfire Management Committee, Councillor Preston and Councillor Gangemi as an alternate.
6. Council appoint two (2) delegates and an alternate delegate to the Floodplain Management Association Councillor Haselden, Councillor Collins OAM and Councillor De Masi as the alternate.
7. Council appoint one (1) delegate and an alternate delegate to the Western Sydney Academy of Sport Advisory Forum, Councillor Russo with Councillor Jethi as an alternate.
8. Council maintain all adopted appointments to the specific statutory bodies/forums for the remainder of this Council Term unless amendments are required.
THE MOTION WAS PUT AND CARRIED.
605 RESOLUTION
1. Council appoint two (2) delegates to The Hawkesbury River County Council, Councillor Preston and Councillor Collins OAM.
2. Council appoint the Mayor or the Mayor’s nominee to the Local Traffic Committee.
3. Council appoint one (1) delegate to The Hills Accord, Councillor Frank De Masi.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
4. Council appoint one (1) delegate to the NSW Metropolitan Public Libraries Association, Councillor Jethi.
5. Council appoint one (1) delegate and an alternate to The Hills Bushfire Management Committee, Councillor Preston and Councillor Gangemi as an alternate.
6. Council appoint two (2) delegates and an alternate delegate to the Floodplain Management Association Councillor Haselden, Councillor Collins OAM and Councillor De Masi as the alternate.
7. Council appoint one (1) delegate and an alternate delegate to the Western Sydney Academy of Sport Advisory Forum, Councillor Russo with Councillor Jethi as an alternate.
8. Council maintain all adopted appointments to the specific statutory bodies/forums for the remainder of this Council Term unless amendments are required.
(Councillor Tracey requested his name be recorded as opposing the Resolution of Council in this matter)
8.00pm Councillor Jethi left the meeting and returned at 8.03pm during Questions Without Notice.
QUESTIONS WITHOUT NOTICE 606 VENUES IMPROVEMENT PLAN
Councillor Tracey stated that Council has an action arising from the February 2018 Strategic Planning Workshop to review venues and their charges during FY18/19. What progress has been made in regards to reviewing Council’s venues and their charges?
The Group Manager Customer, Community Services & Technology advised that Council is in the process of working out the specification and developing the Terms of Reference for this project.
607 SHOWGROUND ROAD, CASTLE HILL
Councillor Haselden requested an update for all Councillors on the likely timing of the completion of the widening of Showground Road to four lanes?
The General Manager advised that Showground Road is an RMS Road and they are responsible for the upgrade. There is a section at the top of Showground Road which is part of a Voluntary Planning Agreement between Council, QIC and RMS. Council envisaged that the road upgrade would have been completed along with the improvements to Castle Towers Shopping Centre which was approved by Council. A more detailed response will be circulated to all Councillors.
608 TRAFFIC SIGNAGE AND FLOW – INTERSECTION OF WINDSOR AND PARSONAGE ROAD, CASTLE HILL
Councillor Uno stated that a local resident has brought it to his attention that cars turning right from the left lane at the intersection of Parsonage and Windsor Road, often results in drivers being fined by the local police. Can Council investigate traffic flows at this
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
intersection and whether signage or road markings can be made to assist in motorists obeying the law? Councillor Uno suggested either a street sign stating “Left lane must turn Left” or Road signs allowing cars to turn right or left from the left lane.
The General Manager advised that there is a history at this site and the matter will be taken on notice and investigated.
609 SLIPPERY ROAD SURFACE - 220 ANNANGROVE ROAD, ANNANGROVE
Councillor Preston received an email from Nicky Constantine of Annangrove Road, Annangrove regarding two more accidents that occurred on the weekend with one car going through her fence again and destroying her letter box and the other a head-on collision with a young and elderly driver. Police have advised that the accidents occurred due to the slippery surface of the road which is caused by the sap from the gum trees combined with the wet weather. Councillor Preston requested Council investigate.
610 CONCEPT DESIGN FOR OLD PITT TOWN ROAD, BOX HILL
Councillor Preston tabled an email from Mr Chant of Box Hill regarding the concept design for Old Pitt Town Road, Box Hill to accommodate different traffic points and roundabouts and asked if Council could look at this.
611 WEST WARD BY-ELECTION COST
Councillor De Masi asked whether Council has received the final cost for the By-Election.
The General Manager advised he would take the matter on notice.
Councillor De Masi further advised that he was contacted by a resident who was fined for not voting and asked whether the fines received will be offset against the cost of the By- Election?
The General Manager advised that revenue from the fines goes to State and is not Council’s revenue. The Mayor further advised that Council had written to the Electoral Commission requesting them to waive the fines.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR HASELDEN THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 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 Item 15 in accordance with the following table and Section 11(2) of the Local Government Act.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
ITEM NO.: 15
SUBJECT: RECYCLING PROCESSING SERVICES CONTRACT & NSW CONTAINER DEPOSIT SCHEME REFUND SHARING AGREEMENT
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
612 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 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 Item 15 in accordance with the above table and Section 11(2) of the Local Government Act.
8.04pm Council entered into Closed Session.
ITEM-15 RECYCLING PROCESSING SERVICES CONTRACT &
NSW CONTAINER DEPOSIT SCHEME REFUND SHARING AGREEMENT
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
613 RESOLUTION
1. The Mayor and General Manager to be delegated authority to make counter offers to Visy Paper Pty Ltd in relation to the Recycling Processing Services Contract and Refund Sharing for the NSW Container Deposit Scheme within the parameters outlined in the Confidential memorandum.
2. Any offer agreed to by Visy Paper Pty Ltd be subject to a report to Council
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 October 2018
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COLLINS OAM THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
614 RESOLUTION
The meeting resume in Open Council.
At 8.43pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council one (1) resolution was passed. The General Manager read out the resolution for Item 15.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 23 October 2018.
MAYOR GENERAL MANAGER
