MINUTES Of The Duly Convened Ordinary Meeting Of The Hills .

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in theCouncil Chambers on 28 September 2021ITEMSUBJECTITEM-1CONFIRMATION OF MINUTESPAGE3MAYORAL MINUTE NO.15/2021 - VALE DEPUTY CAPTAIN SIDNEY(LIONEL) SMITH AFSM (AUSTRALIAN FIRE SERVICE MEDAL)3MAYORAL MINUTE NO.16/2021 - MENTAL HEALTH AWARENESS MONTH3ITEM-2PLANNING PROPOSAL - 21-23 LEXINGTON DRIVE,BELLA VISTA (1/2019/PLP)4ITEM-3ACCELERATED INFRASTRUCTURE FUND - ROUND2 (FP53)5ITEM-4CLOSURE & TRANSFER OF TEMPORARY ROADLOT 105 MEMORIAL AVENUE, KELLYVILLE6ITEM-5ADMINISTRATION OF THE PERFORMANCE REVIEWOF THE GENERAL MANAGER7ITEM-6BUDGET REVIEW AS AT 31 AUGUST 20216ITEM-7PROPERTYDEALINGSDEVELOPMENT MATTERSTO6ITEM-8EASEMENT FOR PADMOUNT SUBSTATION – LOT 1DP 1226421 STRINGER ROAD SPORTS COMPLEXRESERVE NO. 251 – STRINGER & BARRY ROAD,NORTH KELLYVILLE7ITEM-9INFORMATION AND STATUS ES AND VOTING DELEGATES8RELATINGQUESTIONS WITHOUT NOTICEThis is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on28 September 20219

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021500 PRESENTMayor Dr M R Byrne (In the Chair)Clr S P Uno (Deputy Mayor)Clr Dr P J GangemiClr B L Collins OAMClr A N HaseldenClr J JacksonClr M G ThomasClr E M RussoClr F P De MasiClr A J Hay OAMClr R M TraceyClr R Jethi501 TIME OF COMMENCEMENT7.06pm502 TIME OF COMPLETION8.46pm503 DECLARATIONS OF INTERESTNil.504 ARRIVALS AND DEPARTURESNil.505 DISSENT FROM COUNCIL'S DECISIONSItem 10-Clr Tracey506 ADJOURNMENT & RESUMPTIONNil.This is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021The Mayor advised in accordance with the Code of Meeting Practice that this meetingis being recorded and live streamed with both audio and visual.ITEM-1CONFIRMATION OF MINUTESA MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLORDE MASI THAT the Minutes of the Ordinary Meeting of Council held on 14 September 2021be confirmed.THE MOTION WAS PUT AND CARRIED.507 RESOLUTIONThe Minutes of the Ordinary Meeting of Council held on 14 September 2021 be confirmed.MAYORAL MINUTE NO. 15/2021 – VALE DEPUTY CAPTAIN SIDNEY (LIONEL) SMITHAFSM (AUSTRALIAN FIRE SERVICE MEDAL)A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR DRGANGEMI THAT1.This Mayoral Minute be received2.One Minute’s silence be observed to pay tribute to Lionel Smith.THE MOTION WAS PUT AND CARRIED.508 RESOLUTION1.This Mayoral Minute be received2.One Minute’s silence be observed to pay tribute to Lionel Smith.(A minute’s silence was observed).MAYORAL MINUTE NO. 16/2021 – MENTAL HEALTH AWARENESS MONTHA MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR DE MASITHAT1. Council to light up its atrium at its Norwest Administration Building to support MentalHealth Awareness Month.2. Council to also paint the Old Tree Trunk Bike Rack blue to acknowledge the Blue TreeProject and to raise awareness of mental health and wellbeing in The Hills Shire.THE MOTION WAS PUT AND CARRIED.This is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021509 RESOLUTION1. Council to light up its atrium at its Norwest Administration Building to support MentalHealth Awareness Month.2. Council to also paint the Old Tree Trunk Bike Rack blue to acknowledge the Blue TreeProject and to raise awareness of mental health and wellbeing in The Hills Shire.COMMUNITY FORUMThere were no addresses to Council during Community Forum.ITEM-2PLANNING PROPOSAL - 21-23 LEXINGTON DRIVE,BELLA VISTA (1/2019/PLP)Proceedings in BriefSimon Wilkes, Associate Director, Urban Pty Ltd addressed Council regarding this matter.A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLORHAY OAM THAT the Recommendation contained in the report be adopted.THE MOTION WAS PUT AND CARRIED.510 RESOLUTION1. The planning proposal applicable to land at 21-23 Lexington Drive Bella Vista (Lot 7081DP 1037626) to increase the maximum floor space ratio from 2:1 to 2.7:1 proceed toGateway Determination.2. Draft amendments to The Hills DCP 2012, to apply the Commercial Centres ParkingRate to the site, be prepared and exhibited concurrently with the planning proposal.3. Council accept, in principle, the draft Voluntary Planning Agreement (Attachment 4), withthe VPA to be subject to legal review (at the cost of the Proponent), updated inaccordance with the recommendations of the legal review and subsequently placed onpublic exhibition concurrent with the planning proposal and draft Development ControlPlan.Being a planning matter, the Mayor called for a division to record the votes on this matterVOTING FOR THE MOTIONMayor Dr M R ByrneClr Dr P J GangemiClr B L Collins OAMClr A N HaseldenClr J JacksonClr M G ThomasClr E M RussoClr A J Hay OAMClr F P De MasiClr R M TraceyClr R JethiThis is Page 4 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021VOTING AGAINST THE MOTIONClr S P UnoITEM-3ACCELERATED INFRASTRUCTURE FUND - ROUND 2(FP53)A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BYCOUNCILLOR COLLINS OAM THAT the Recommendation contained in the report beadopted.THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.511 RESOLUTION1. Council authorise the General Manager to submit formal applications to the Departmentof Planning, Industry and Environment nominating various projects for AcceleratedInfrastructure Funding (Round 2) as detailed within this report.2. Council provide in-principle agreement to fast-track, to the maximum extent possible, thedelivery of any of the nominated infrastructure projects, if approved for AcceleratedInfrastructure Funding by the Minister for Planning and Public Spaces.3. Council authorise the Mayor and General Manager to execute Funding Agreements(generally in keeping with the Template Funding Agreement attached to this report) withrespect to any of the nominated infrastructure projects, if approved for AcceleratedInfrastructure Funding by the Minister for Planning and Public Spaces.Being a planning matter, the Mayor called for a division to record the votes on this matterVOTING FOR THE MOTIONMayor Dr M R ByrneClr S P UnoClr Dr P J GangemiClr B L Collins OAMClr A N HaseldenClr J JacksonClr M G ThomasClr E M RussoClr A J Hay OAMClr F P De MasiClr R M TraceyClr R JethiVOTING AGAINST THE MOTIONNoneThis is Page 5 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021CALL OF THE AGENDAA MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLORDE MASI THAT items 4, 6, 7 and 8 be moved by exception and the recommendationscontained therein be adopted.THE MOTION WAS PUT AND CARRIED.RESOLUTIONItems 4, 6, 7 and 8 be moved by exception and the recommendations contained therein beadopted.ITEM-4CLOSURE & TRANSFER OF TEMPORARY ROAD LOT105 MEMORIAL AVENUE, KELLYVILLE512 RESOLUTIONCouncil authorise the closure of temporary road Lot 105 DP 1154282, Memorial Avenue,Kellyville in keeping with the terms of the Memorial Avenue Road Widening Deed andtransfer of the land to Transport for NSW in title with Transfer and Request documentsauthorised for execution under seal.ITEM-6BUDGET REVIEW AS AT 31 AUGUST 2021513 RESOLUTIONThe proposed budget variations in Attachment 1, Pages 5 to 11 and the variations detailed inpage 13-28 be adopted.ITEM-7PROPERTY DEALINGS RELATING TO DEVELOPMENTMATTERS514 RESOLUTION1. Council consent to the release of two temporary easements from the title of Lot 335 DP1223854, Development Lot Rangy Street, Box Hill and the associated legal documentlinked to the final stage of Development Consent 169/2021/ZB be authorised forexecution under seal.2. Council consent to the release of two temporary drainage easements from the title of Lot11 DP 1241069, Windsor Road, Kellyville and the associated legal document linked tothe first stage of Development Consent 980/2016/ZD be authorised for execution underseal.3. Council consent to the release of a temporary right of access easement from the title ofLot 8422 DP 1257414, Development Lot, Boundary Road, Box Hill and the associatedlegal document linked to the third stage of Development Consent 844/2018/ZB beauthorised for execution under seal.This is Page 6 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021ITEM-8EASEMENT FOR PADMOUNT SUBSTATION LOT 1 DP1226421 STRINGER ROAD SPORTS COMPLEXRESERVE NO. 251STRINGER & BARRY ROAD,NORTH KELLYVILLE515 RESOLUTIONCouncil agree to the creation of 5.5m (l) x 2.75m (w) & variable easement for padmountsubstation, a 3m exclusion zone with required restrictions on use within Lot 1 DP 1226421,being the future Stringer Road Sports Complex Reserve No. 251 at Stringer & Barry Roads,North Kellyville with Plans, Section 88B instruments, Deeds and Transfers GrantingEasements authorised for execution under SealITEM-5ADMINISTRATION OF THE PERFORMANCE REVIEW OFTHE GENERAL MANAGERA MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BYCOUNCILLOR COLLINS OAM THAT Council’s Performance Review Panel members asoutlined in the Policy for the General Manager’s Performance Review be the Mayor, theDeputy Mayor, Councillor Collins OAM, Councillor Hay OAM and Councillor De Masi andone Councillor to be selected by the General Manager at his discretion.THE MOTION WAS PUT AND CARRIED.516 RESOLUTIONCouncil’s Performance Review Panel members as outlined in the Policy for the GeneralManager’s Performance Review be the Mayor, the Deputy Mayor, Councillor Collins OAM,Councillor Hay OAM and Councillor De Masi and one Councillor to be selected by theGeneral Manager at his discretion.ITEM-9INFORMATION AND STATUS REPORTSA MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BYCOUNCILLOR RUSSO THAT1. The status of legal matters before all Courts as updated in Attachment 1 dated as at 27September 2021 be noted. (ECM Document No 19629008).2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted and thatfurther to that the update on SES Headquarters be noted with concern that theHeadquarters is suggested to be Blacktown Council area. (ECM Document Nos.17211394, 17211396, and 17211397).3. The Schedule of Questions and Answers at Council Meetings held on 10 August and 24August 2021 shown in Attachment 3 be noted (ECM Document Nos. 19630287 and19648379).This is Page 7 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 20214. The status of Development Applications awaiting determination as shown in Attachment4 be noted (ECM Document No. 19685564)THE MOTION WAS PUT AND CARRIED.517 RESOLUTION1. The status of legal matters before all Courts as updated in Attachment 1 dated as at 27September 2021 be noted. (ECM Document No 19629008).2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted and thatfurther to that the update on SES Headquarters be noted with concern that theHeadquarters is suggested to be within the Blacktown Local Government Area. (ECMDocument Nos. 17211394, 17211396, and 17211397).3. The Schedule of Questions and Answers at Council Meetings held on 10 August and 24August 2021 shown in Attachment 3 be noted (ECM Document Nos. 19630287 and19648379).4. The status of Development Applications awaiting determination as shown in Attachment4 be noted (ECM Document No. TES AND VOTING DELEGATESA MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BYCOUNCILLOR JETHI THAT1.All Councillors be permitted to attend the 2021 on-line Local Government NSWconference.2.Council determine the nine (9) voting delegates for the Board elections to beconducted by the AEC and at the 2021 Local Government NSW Annual Conferencebeing:i.ii.iii.iv.v.vi.vii.viii.ix.Mayor Dr M R ByrneClr S P UnoClr Dr P J GangemiClr B L Collins OAMClr A N HaseldenClr M G ThomasClr E M RussoClr F P De MasiClr R JethiTHE MOTION WAS PUT AND CARRIED.This is Page 8 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021518 RESOLUTION1.All Councillors be permitted to attend the 2021 on-line Local Government NSWconference.2.Council determine the nine (9) voting delegates for the Board elections to beconducted by the AEC and at the 2021 Local Government NSW Annual Conferencebeing:i.ii.iii.iv.v.vi.vii.viii.ix.Mayor Dr M R ByrneClr S P UnoClr Dr P J GangemiClr B L Collins OAMClr A N HaseldenClr M G ThomasClr E M RussoClr F P De MasiClr R Jethi(Councillor Tracey requested his name be recorded as opposing the Resolution of Councilon this matter and Councillor Hay OAM abstained from voting on this matter)QUESTIONS WITHOUT NOTICE519 LOCAL PLANNING PANEL – MIRVAC SITE – 55 COONARA AVENUE, WEST PENNANTHILLSCouncillor Hay OAM noted the Planning Panel determined the Mirvac site at 55 CoonaraAvenue West Pennant Hills in the last week. Did the Panel conduct a site inspection?The Group Manager – Development & Compliance advised there was no formal siteinspection conducted. The operational guidelines indicate it is at the discretion of the Chairand there are also Covid specific conditions that re-enforce that. The Chair was satisfiedthat the staff were briefed by way of aerial photographs and the like. The individual panelmembers may have inspected the site from the periphery.Councillor Hay OAM further noted given the site was going to remove 1,253 mature trees, isthe Panel comprised of local members of the community or is there just the one communitymember and three ministerial appointees that reside outside the Hills?The Group Manager – Development & Compliance confirmed a Panel on any given day ismade up with a Chair and 2 alternates appointed by the State. They could be locals butnone of them are. The Panel members for the Hills were selected under the delegationprovided by Council. There are two experts on any given day and there is one communitymember who must be a Hills resident.Councillor Hay OAM asked what to date have been the total costs of this Panel to Council inthis matter.The Group Manager – Development & Compliance advised for this matter the EnvironmentalPlanning & Assessment Regulation set the minimum payment. For any given meeting theThis is Page 9 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021Chair receives 2,000 the experts received 1,500 each and the community memberreceives 500. So a meeting is 5,500 and last financial year the direct cost of the Panelmembers was approximately 64,000.Councillor Hay OAM noted there were over 540 submissions received from communitygroups and residents. How can we be assured that these expert Panel members that liveoutside the Hills have considered all the submissions before they make their determination?The Group Manager – Development & Compliance advised all planning matters and thosemaking a decision generally rely on a summary table of submissions. Council staff read allthe submissions and summarise them for the Panel members. In this instance 7 communitygroups were permitted to speak for 10 minutes each as well as 19 individuals were given 3minutes each. The Panel were aware of the concerns.Councillor Hay OAM advised the community are of the opinion that this Council has let themdown because of the naming of the external panel. It used to be called the IndependentHearing and Assessment Panel (iHaps) but is now known as the Hills Shire Council LocalPlanning Panel through ministerial direction. The pool of experts does not allow sittingCouncillors to be in that pool and determine a matter in their Local Government area.The Group Manager – Development & Compliance confirmed the Local Planning Paneltakes on the name of the Local Government it represents. Current Councillors are excludedfrom being on a Local Planning Panel.Councillor Hay OAM asked if the expert panel turned their mind to what would happen withthe threatened and endangered species of trees with the logging. There is good timber thatwould have value to the community or other groups such as Council projects.The Group Manager – Development & Compliance advised he was not aware of what wouldhappen but that timber would be a resource for the owner of the site and up to them if theywant to use it or dispose of it.520 POPULATION GROWTH AND STATE INFRASTRUCTURECouncillor Tracey noted the population of The Hills Shire is forecast to increase by 88,446between 2016 and 2036. With the proposed influx of residents, what plans does the StateGovernment have in place to support that growth in terms of infrastructure, schools andhospitals?The General Manager confirmed the population growth forecast is of no surprise to Counciland is well articulated in the Local Planning Strategic Statement. The infrastructure that wehave identified and are allowed to levy for is articulated in the Contribution Plan for the areaswhere that growth is to be accommodated. In terms of State infrastructure there is somevisibility to what the state is thinking through the State Infrastructure Contribution Plans butin terms of hospitals, schools and police stations that is a matter for the agencies throughGovernment processes. A State service, e.g. school, ambulance station etc., it is the Stateagencies and State Government where those enquiries should be directed.521 VACCINATION RATES IN THE HILLS SHIRE COUNCILCouncillor Uno congratulated the residents of the Hills Shire Council after reaching amilestone of 95% having received their first dose.This is Page 10 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021522 THE LONG RUNCouncillor Uno tabled an email from Mr Nichol regarding The Long Run fundraising eventorganised by the Prostate Cancer Foundation. What way can the Council support thisfundraising event?The General Manager advised he would take the matter on notice.523 COUNCIL STAFFCouncillor Dr Gangemi thanked Council staff for their incredible efforts during the pandemic,ensuring bins are emptied, grass is mown, parks are maintained and complaints areactioned. Council staff are doing a great job despite an increased workload.524 CHRISTMAS DISPLAYCouncillor Dr Gangemi asked if Council had selected a Christmas display for this year and, ifnot, could Councillors have some input into that decision.The Group Manager – Community Services advised there was no intention to do one at thefarm this year as there were issues with vandalism and security last year and the currentPublic Health Orders regarding gathering in public spaces. Council is starting to upgrade thefairy lights on Main Street, Castle Hill to improve the visual appeal and are planning to put alarge Christmas tree in Baulkham Hills Park and also a large Christmas star and light up theatrium.Councillor Dr Gangemi asked if Council were incorporating a nativity scene in one of thelocations as a large amount of community feedback is to also include a traditional meaningof Christmas.The Group Manager – Customer Service acknowledged Council could incorporate this at thelocation where the Christmas tree is.525 CHRISTMAS IN THE HILLS 2021Councillor De Masi advised with Christmas fast approaching and as a small business ownerhe has been contacted by the Christmas in The Hills Committee to assist in sponsoring theevent as he was one of the many foundation businesses who sponsored this event when itfirst started. This year like last year the Christmas in The Hills will be a virtual event as aresult of the impact of COVID. The Committee reported the success of the first virtual eventlast year and aims to build on this success this year they reported that they had the followingviews last year: You TubeSt PaulsFacebookWesley United7,9126,3842,148488This is a total of 16,932 local residents who took part in this event.This is Page 11 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021Councillor De Masi asked if Council will be again sponsoring the event this year. If not is ittoo late for the Committee to apply for sponsorship, as this has always been supported bythis Council and this small gesture would be in significant to the monies that this Council hassaved not hosting any major events during the COVID lockdown, over the past two years.The General Manager advised the Council has not yet resolved to provide any financialassistance but today an email was received today from the Committee requesting guidancearound seeking assistance. Council have a Policy which would require an application to becompleted and if it met the guidelines would be reported to Council for a decision. At thisstage there is no application before us.Councillor De Masi enquired if it was too late for an application to be lodged this year?The General Manager advised there wasn’t much time left but if an application wassubmitted then he would be in a better position to answer that. The Council officers didapproach the committee early in the year but at that stage they weren’t in a position tosubmit a grant application.Councillor Thomas asked when were Christmas in The Hills contacted in relation to puttingin a submission? Would Council normally contact an organisation to put in a submission?The General Manager advised he would take the matter on notice but all known communitygroups and past grant nominees and recipients were notified earlier this year. It is anadvertised period.526 COUNCIL BUSINESS PAPERCouncillor De Masi raised some questions regarding the timeline of the issue of theBusiness Paper.1.2.3.When is the business paper issued to the Public and what is the purpose ofCouncillors receiving the business paper on Wednesday?Just under the Code of Meeting Practice should any comments be made to theGeneral Public on an Agenda Item prior to it being debated at a Council Meeting?What is the cut off point for the Public to register to speak in community forum or on anissue associated with them that is in the Business Paper?The General Manager confirmed as follows:1.2.3.The business paper goes on Council’s website at 3pm the Friday before a CouncilMeeting. Councillors get the benefit of the business paper earlier to give them theopportunity to be aware of what items are on the agenda before the community callthem.The Code of Meeting Practice does not specifically deal with comments byCouncillors before the Business Paper is available. Councillors are given certaindelegations to comment on matters on behalf of Council in the media. Councillorsare their own person and have their own accounts and are accountable for their ownactions.In accordance with the Code of Meeting Practice members of the public must registerby 5pm Monday and this is then approved by the Mayor on Tuesday.This is Page 12 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held inthe Council Chambers on 28 September 2021The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 12October 2021.MAYORGENERAL MANAGERThis is Page 13 of the Minutes of the Ordinary Meeting of The Hills Shire Council heldon 28 September 2021

Sep 28, 2021 · MAYORAL MINUTE NO. 15/2021 – VALE DEPUTY CAPTAIN SIDNEY (LIONEL) SMITH AFSM (AUSTRALIAN FIRE SERVICE MEDAL) A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR DR GANGEMI THAT 1. This Mayoral Minute be received 2. One Minute’s silence be observed to pay t

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