MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE 06/2020 – VALE KEITH VALLIS 3
MAYORAL MINUTE 07/2020 – VALE HARRY HYLAND 3
ITEM-2 ANNUAL REVIEW OF DESIGN EXCELLENCE PANELS (FP240 & FP241)
6
ITEM-3 LTC RECOMMENDATION JUNE 2020 - JAMES STREET AND ORCHARD STREET, BAULKHAM HILLS - PROVISION OF YELLOW LINE MARKING
4
ITEM-4 LTC RECOMMENDATION JUNE 2020 - PROPOSED NEW SCHOOL BUS STOP - ERIC COOPER DRIVE, CASTLE HILL
4
ITEM-5 LTC RECOMMENDATION JUNE 2020 - REDDEN DRIVE, KELLYVILLE - PROPOSED LINE MARKING
5
ITEM-6 LTC RECOMMENDATION JUNE 2020 - TREWEEK AVENUE, NORTH KELLYVILLE - PROPOSED 'NO PARKING' RESTRICTIONS
5
ITEM-7 COASTAL MANAGEMENT PROGRAM 7
ITEM-8 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 5
ITEM-9 PECUNIARY INTEREST REPORT - JUNE 2020 5
ITEM-10 APPROVAL FOR PLAN AMENDMENT FOR PEDESTRIAN BRIDGE AT KELLYVILLE STATION
5
ITEM-11 LICENCE AGREEMENT FOR THE ROTARY CLUB OF THE HILLS-KELLYVILLE INC. FOR A COMMUNITY GARDEN
7
ITEM-12 PROPOSED LEASES - SCOUTS AUSTRALIA (NSW) - ERIC MOBBS RESERVE, CASTLE HILL & TORY BURNS RESERVE, BAULKHAM HILLS
5
ITEM-13 PROPOSED LAND ACQUISITION - LOT 1 DP 546799 - 273-283 ANNANGROVE ROAD, ROUSE HILL
7
QUESTIONS WITHOUT NOTICE 8
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
345 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr R A Preston MP
Clr Dr P J Gangemi Clr B L Collins OAM 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
346 APOLOGIES
Clr R Jethi (Deputy Mayor) Clr A N Haselden
347 TIME OF COMMENCEMENT 7.07pm
348 TIME OF COMPLETION 8.05pm
349 DECLARATIONS OF INTEREST Nil.
350 ARRIVALS AND DEPARTURES
7.21pm Councillor Hay OAM arrived at the meeting during Call of the Agenda
351 DISSENT FROM COUNCIL'S DECISIONS Nil.
352 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 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 COLLINS OAM AND SECONDED BY COUNCILLOR THOMAS THAT the Minutes of the Ordinary Meeting of Council held on 23 June 2020 be confirmed.
THE MOTION WAS PUT AND CARRIED.
353 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 23 June 2020 be confirmed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR COLLINS OAM THAT the apologies from Councillors Haselden and Jethi be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
354 RESOLUTION
The apologies from Councillors Haselden and Jethi be accepted and leave of absence granted.
MAYORAL MINUTE NO. 06/2020 – VALE KEITH VALLIS
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR THOMAS THAT
1. This Mayoral Minute be received;
2. A minute’s silence be observed.
THE MOTION WAS PUT AND CARRIED.
355 RESOLUTION
1. This Mayoral Minute be received;
2. A minute’s silence be observed.
A minute’s silence was observed.
MAYORAL MINUTE NO. 07/2020 – VALE HARRY HYLAND
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR THOMAS THAT
1. This Mayoral Minute be received;
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
2. A minute’s silence be observed.
THE MOTION WAS PUT AND CARRIED.
356 RESOLUTION
1. This Mayoral Minute be received;
2. A minute’s silence be observed.
A minute’s silence was observed.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
7.21pm Councillor Hay OAM arrived at the meeting during Call of the Agenda
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR COLLINS OAM THAT items 3, 4 5, 6, 8, 9, 10 and 12 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
357 RESOLUTION
Items 3, 4 5, 6, 8, 9, 10 and 12 be moved by exception and the recommendations contained therein be adopted.
ITEM-3 LTC RECOMMENDATION JUNE 2020 - JAMES STREET AND ORCHARD STREET, BAULKHAM HILLS - PROVISION OF YELLOW LINE MARKING
358 RESOLUTION
Council approve the installation of continuous yellow C3 linemarking on James Street and Orchard Street, Baulkham Hills as detailed in Figure 2 in the report.
ITEM-4 LTC RECOMMENDATION JUNE 2020 - PROPOSED NEW SCHOOL BUS STOP - ERIC COOPER DRIVE, CASTLE HILL
359 RESOLUTION
Council approve the installation of a ‘Bus Stop 7.30-9.00am and 2.30-4.00pm School Days’
outside No. 7 Eric Cooper Drive, Castle Hill.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
ITEM-5 LTC RECOMMENDATION JUNE 2020 - REDDEN DRIVE, KELLYVILLE - PROPOSED LINE MARKING
360 RESOLUTION
Council approve the installation of 70 m of Double Centre Line marking as detailed in Figure 2 in the report.
ITEM-6 LTC RECOMMENDATION JUNE 2020 - TREWEEK AVENUE, NORTH KELLYVILLE -PROPOSED 'NO PARKING' RESTRICTIONS
361 RESOLUTION
Council approve the installation of ‘No Parking’ restrictions from the existing fulltime ‘No Parking’ restrictions at 26 Treweek Avenue, North Kellyville to the intersection of McMillan Circuit in accordance with Figure 3 in the report.
ITEM-8 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 362 RESOLUTION
1. The maximum fee for Councillors in Councils classified as Metropolitan Large ($30,410) be adopted for 2020/2021
2. The maximum fee for Mayors in Councils classified as Metropolitan Large ($88,600) be adopted for 2020/2021.
ITEM-9 PECUNIARY INTEREST REPORT - JUNE 2020 363 RESOLUTION
Council note the tabling of the Returns.
ITEM-10 APPROVAL FOR PLAN AMENDMENT FOR PEDESTRIAN BRIDGE AT KELLYVILLE STATION
364 RESOLUTION
Council agree to the provision of all required written consent for the amendments to Deposited Plan 1252052 for registration at Land Registry Services.
ITEM-12 PROPOSED LEASES - SCOUTS AUSTRALIA (NSW) - ERIC MOBBS RESERVE, CASTLE HILL & TORY BURNS RESERVE, BAULKHAM HILLS
365 RESOLUTION
1. Pursuant to the provisions of Clause 47 of the Local Government Act, 1993 NSW, Council grant a Lease executed under Seal to The Scout Association of Australia, NSW Branch for the Scout Hall at Eric Mobbs Reserve No. 87 (242z Excelsior Avenue, Castle Hill) under the terms as detailed in this report.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
2. Pursuant to the provisions of Clause 47 of the Local Government Act, 1993 NSW, Council grant a Lease executed under Seal to The Scout Association of Australia, NSW Branch for the Scout Hall at Tory Burns Reserve No. 171 (13z Gleeson Avenue, Baulkham Hills) under the terms as detailed in this report.
ITEM-2 ANNUAL REVIEW OF DESIGN EXCELLENCE PANELS (FP240 & FP241)
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR DR GANGEMI THAT
1. Receive the annual review report;
2. Endorse the amended Terms of Reference for the Design Excellence Panel and Design Review Panel, provided as Attachments 1 and 2 respectively;
3. Commence the Expressions of Interest process for recruitment of Independent Panel members for both Panels, in accordance with the amended Terms of Reference for each Panel (Attachments 1 and 2), noting that new terms will commence from January 2021;
and
4. The General Manager receive delegation to select and appoint internal and external panel members to the Design Excellence Panel and Design Review Panel, including the appointment of alternate Panel members and Chairs, in accordance with the amended Terms of Reference for each Panel (Attachments 1 and 2).
5. Council officers provide further information to Councillors, including examples, on the outcomes achieved by the Design Excellence and Design Review Panels.
THE MOTION WAS PUT AND CARRIED.
366 RESOLUTION
1. Receive the annual review report;
2. Endorse the amended Terms of Reference for the Design Excellence Panel and Design Review Panel, provided as Attachments 1 and 2 respectively;
3. Commence the Expressions of Interest process for recruitment of Independent Panel members for both Panels, in accordance with the amended Terms of Reference for each Panel (Attachments 1 and 2), noting that new terms will commence from January 2021;
and
4. The General Manager receive delegation to select and appoint internal and external panel members to the Design Excellence Panel and Design Review Panel, including the appointment of alternate Panel members and Chairs, in accordance with the amended Terms of Reference for each Panel (Attachments 1 and 2).
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
5. Council officers provide further information to Councillors, including examples, on the outcomes achieved by the Design Excellence and Design Review Panels.
ITEM-7 COASTAL MANAGEMENT PROGRAM
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR DR GANGEMI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
367 RESOLUTION
1. This report be received.
2. Council acknowledges the completion of the Stage 1 Scoping Study for the Hawkesbury-Nepean River System Coastal Management Program.
3. Council endorses the findings of the Stage 1 Scoping Study for the Hawkesbury- Nepean River System Coastal Management Program and the proposed approach to transition to Stage 2 with the partner Councils and application for funding under the Coastal and Estuary Grants Program.
4. Council promotes the CMP partnership between the six Councils and seeks support from state and federal members of parliament.
5. Council endorses continued support to the Greater Sydney Harbour Coastal Management Program.
ITEM-11 LICENCE AGREEMENT FOR THE ROTARY CLUB OF THE HILLS-KELLYVILLE INC. FOR A COMMUNITY GARDEN
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR THOMAS THAT Council defer the matter for further consultation with stakeholders.
THE MOTION WAS PUT AND CARRIED.
368 RESOLUTION
Council defer the matter for further consultation with stakeholders.
ITEM-13 PROPOSED LAND ACQUISITION - LOT 1 DP 546799 - 273-283 ANNANGROVE ROAD, ROUSE HILL
A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
THE MOTION WAS PUT AND CARRIED.
369 RESOLUTION
1. Council agree to the purchase of proposed lots 2 & 3 in a Plan of Acquisition of Lot 1 DP 546799 (part 273-283 Annangrove Road, Rouse Hill) for the market value amount of
$3,228,575 excl. GST, and disturbance costs as outlined in this report with a Plan of Acquisition & associated 88B instrument, Contract, Deed & Transfer authorised for execution under seal.
2. Upon acquisition, Council classify part Lot 1 DP 546799 as “Operational” Land pursuant to Section 25 of the Local Government Act 1993.
3. Upon acquisition, the proposed Lot 2 for road widening in a Plan of Acquisition of Lot 1 DP 546799 be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document be authorised for execution under seal for lodgement at NSW Land Registry Services
QUESTIONS WITHOUT NOTICE
370 EXPANSION OF THE MUSUEM DISCOVERY CENTRE, CASTLE HILL
Councillor Tracey tabled a letter where the NSW Government announced on 4 July 2020 that the Powerhouse Museum in Ultimo will remain open and operate alongside the new State of the Art facility planned for Western Sydney. Is the gateway determination for the expansion of the Museum Discovery Centre at 2 Green Road, Castle Hill still required?
The Acting General Manager replied that Council has received no communication from the Government that there is any change in the planning that is proposed.
371 CHERRY BROOK STATION PRECINCT PLANS
Councillor Tracey tabled an email from Jenny Scott of West Pennant Hills for Council’s response querying the status of a property she owns whether it’s listed as a local heritage item.
The Acting General Manager advised he would take the matter on notice and have these matters addressed.
372 IMPENDING DEVELOPMENT APPLICATION FOR MIRVAC (OLD IBM SITE)
Councillor Tracey asked if Council will be assessing the Development Application for the Local Planning Panel and/or Sydney Central City Planning Panel?
The Acting General Manager advised consistent with Panel reports, Council officers will provide the technical report to the Panel but the Panel is the decision making entity.
373 TREES BEING REMOVED – 55 COONARA AVENUE, (OLD IBM SITE) WEST PENNANT HILLS
Councillor Tracey asked what were the results of Council’s investigation on the tree that appeared to have been tampered with, near the front entrance of the Mirvac site on 55 Coonara Avenue, which residents raised with Council on 30 May 2020?
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
The Group Manager Development and Compliance advised that Council had provided consent for a tree management application for trees on private land. Further correspondence was received from a resident today who was concerned that trees in the road reserve near the entrance to the site had been tampered with. This allegation will be investigated and a response provided.
Councillor Tracey further asked how many trees does Council intend to remove from the nature strip in front of the Mirvac site and what are the survey numbers of those trees?
The Group Manager Development and Compliance was not aware of intention to remove further trees on the public land but that will form a part of the response.
374 HERITAGE PROTECTION FOR OLD IBM SITE – 55 COONARA AVENUE, WEST PENNANT HILLS
Councillor Tracey asked in making a protection order for the IBM building and site, what process would Council or members of the public need to take into consideration for this to occur?
The Acting General Manager advised he was happy to provide that advice in writing to Councillor Tracey.
375 CHERRYBROOK PRECINCT PLAN
Council Tracey asked whether Council has been engaged by the NSW Government regarding the long awaited Cherrybrook Precinct Plan? There has been a partnership between the Hills Shire Council, Hornsby Council and the State Government for the wider precinct planning. When can we expect further information from the Government to share with our residents?
The Acting General Manager advised that the Government has commenced engagement with Council around their thinking and planning for the Station Precinct and the broader Cherrybrook Precinct. A report will be presented to Council when that’s available.
Councillor Tracey asked whether there is a potential time-frame as he understands that the partnership that Council entered into was probably in the last term of Council.
The Acting General Manager replied that there was co-operative work between Hornsby Council, the Hills Shire Council and the Department. Council was advised that the State Government focus has shifted to the government owned land around the station precinct.
Council has continued to advocate for broader precinct work to be done so as to inform the outcome of the Government. The work continues.
376 SAMANTHA RILEY DRIVE, KELLYVILLE
Councillor Uno asked the Mayor what will the level of investments in infrastructure mean for the residents of the Hills Shire?
The Mayor replied that the new infrastructure will improve travel times, less congestion, smoother traffic flow through that precinct and obviously the road will be a lot safer, particular given that we are catering to a growing population through North Kellyville and obviously Box Hill which is now coming on line. It is exciting to see Samantha Riley finally completed through the great contractor Menai who were able to complete the project a lot
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
quicker and we are now looking forward to Hezlett Road upgrade which includes lights at Samantha Riley and Hezlett Road intersection which is out to tender at the moment. Tender closes on the 29 July 2020 and will come to Council for approval. Once this project is complete, Council will then move out to Withers Road, Barry Road and into Box Hill through to our newest release areas. The Mayor acknowledged State Government in giving Council funding to bring forward that project along with the Balmoral Reserve Sporting field as well.
377 BOX HILL NELSON HALL PLANNING PROPOSAL
Councillor Dr Gangemi asked for an update on how the planning proposal regarding 15Z Nelson road is progressing.
The Acting General Manager did not have an update but will check with the Forward Planning Team and respond to Councillor Dr Gangemi.
378 DRAFT THE HILLS LEP 2020 EXHIBITION
Councillor Dr Gangemi thanked Council Officers for commencing the LEP 2020 exhibition and, in particular, making available a phone number for constituents to ask questions in lieu of the usual drop in sessions at libraries.
379 COMPLAINTS ABOUT TROLLEYS - ROUSE HILL SHOPPING CENTRE
Councillor De Masi tabled an email from Fiona Lam of Rouse Hill raising concerns on the number of trolley at Caddies Boulevard and Bara Way of Rouse Hill.
380 CHANGING IMPOUNDING ACT
Councillor De Masi asked for an update on the submission from Council in relation to changing the Impounding Act which deals with shopping trolleys.
The Acting General Manager advised he would take the matter on notice and have these matters addressed.
381 MUSEUM DISCOVERY CENTRE, CASTLE HILL
Councillor Thomas is particularly concerned about the intersection of Showground, Green Road and Victoria Avenue This is a very important intersection and is quite congested in peak hour traffic. Councillor Thomas asked if there is a Traffic Management Plan for this particular intersection if Council has to acquire some land for the expansion of the museum and requested an update.
382 OPENING OF SAMANTHA RILEY DRIVE, KELLLYVILLE
Councillor Thomas was proud to be at the opening of Samantha Riley Drive and thanked Council Officers and the contractors for getting the road completed so quickly. Councillor Thomas was concerned about closing the road for the installation of the traffic lights. Can Councillors get a plan on how Council can minimise the impact on traffic and also a message to residents as soon as possible on the plan.
The Acting General Manager advised the residents have been sent information about the staging of the Hezlett Road proposed works with the tender and update currently. Council will continue to communicate in that way. Council officers are discussing the traffic
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 July 2020
management issues that need to be resolved and reported to the Local Traffic Committee to deal with local traffic impacts at this intersection.
383 CONDOLENCES – PETER PETITH
Councillor Preston passed on her condolences to Carol Petith and her family on the death of her husband Peter who passed away last week at Glenorie. They had been married for 62 years.
(A minute’s silence was observed).
384 LIGHTS ON ARTHUR STREET
Councillor Jackson asked for an update on progress of the lights on Arthur Street.
The Acting General Manager echoed the Mayor’s comment that they would hopefully be turned on this Thursday but obviously Council is still subject to the final inspection. Council hopes the weather is also in our favour for the final line marking.
Councillor Jackson also made comment that it has been a long time coming and something that was brought up a number of times during his election process on to Council. Councillor Jackson is concerned though about the congestion in that particular area especially with the driveway coming out from the block of units on the left hand side from Old Windsor Road direction and also the eventual opening of the block of units on the corner as well.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 28 July 2020.