TO S TRIVE FO R BETTER THINGS 2021 Tuesday, 10 August ORDINARY MEETING ORDINARY OF COUNCIL
ORDINARY MEETING OF COUNCIL 10 AUGUST, 2021
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES
ITEM-2 COMBUSTIBLE CLADDING PROGRAM STATUS 22
ITEM-3 COUNCIL OPERATIONS IN RESPONSE TO COVID 19, 25 DELTA VIRUS RESTRICTIONS
ITEM-4 ORANGE BLOSSOM FESTIVAL - ASSOCIATED EVENT 32 PARTNERING
ITEM-5 PROPERTY DEALINGS RELATING TO DEVELOPMENT 37 MATTERS
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
MAYORAL MINUTE NO 8/2021 - COVID-19 UPDATE AND POSTPONEMENT 4 OF LOCAL GOVERNMENT ELECTIONS
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL, 4 DEVELOPMENT CONTROL PLAN AND VOLUNTARY PLANNING AGREEMENT AT 2-4 BURBANK PLACE, NORWEST (18/2018/PLP)
ITEM-3 PLANNING PROPOSAL - 14-16 BROOKHOLLOW 5 AVENUE, NORWEST (2/2021/PLP)
ITEM-4 PLANNING PROPOSAL - 34-46 BROOKHOLLOW 7 AVENUE, NORWEST (9/2019/PLP)
ITEM-5 HILLS OF CARMEL VOLUNTARY PLANNING 6 AGREEMENT (5/2018/VPA)
ITEM-6 POST EXHIBITION REPORT - CATTAI CREEK 9 CORRIDOR - DRAFT MASTER PLAN
ITEM-7 POST EXHIBITION - DOG OFF-LEASH AREAS 14
ITEM-8 LTC RECOMMENDATION JUNE 2021 - 2021 BRIDGE 9 TO BRIDGE WATER SKI CLASSIC - TRAFFIC MANAGEMENT ARRANGEMENTS IN THE HILLS SHIRE
ITEM-9 LTC RECOMMENDATION JUNE 2021 - SHOPLANDS 10 ROAD, ANNANGROVE - PROPOSED NEW SCHOOL BUS STOP
ITEM-10 LTC RECOMMENDATION JUNE 2021 - SANTA SOPHIA 10 CATHOLIC COLLEGE GABLES - PROPOSED PARKING RESTRICTIONS AND LINE MARKING PLANS
ITEM-11 LTC RECOMMENDATION JUNE 2021 - 2021 ORANGE 11 BLOSSOM FESTIVAL EVENTS - CASTLE HILL SHOWGROUND
ITEM-12 LTC RECOMMENDATION JUNE 2021 - MORRIS 11 GROVE, KELLYVILLE - PROPOSED PEDESTRIAN CROSSING UPGRADE
This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 27 July 2021
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
ITEM-13 LTC RECOMMENDATION JUNE 2021 - TUCKWELL 12 ROAD AND BOUNTY AVENUE, CASTLE HILL - PROPOSED DOUBLE (BB) CENTRELINE LINEMARKING
ITEM-14 LTC RECOMMENDATION JUNE 2021 - FUGGLES 12 ROAD, KENTHURST - PROVISION OF DOUBLE CENTRELINE LINEMARKING
ITEM-15 LTC RECOMMENDATION JUNE 2021 - SEDGER ROAD, 12 KENTHURST - PROPOSED LINE MARKING AT ANNANGROVE ROAD
ITEM-16 NSW JUNIOR STATE NETBALL TITLES - KELLYVILLE 12 NETBALL COMPLEX, WELLGATE AVENUE, NORTH KELLYVILLE
ITEM-17 CURTIS ROAD, NORTH KELLYVILLE - PROPOSED 13 PEDESTRIAN REFUGE ISLAND
ITEM-18 MINUTES OF AUDIT COMMITTEE MEETING - 17 JUNE 14 2021
ITEM-19 NSW FIRE & RESCUE INSPECTION REPORT - 13 BUILDING, 180 HEZLETT ROAD NORTH KELLYVILLE
ITEM-20 PROPERTY DEALINGS RELATING TO DEVELOPMENT 13 MATTERS
ITEM-21 T21-0207 CIVIL WORKS AND MATERIALS PANEL 13
ITEM-22 PROPOSED ACQUISITION - PART LOT 1 DP 1068843 14 AND PART LOT 1 DP859067 WINDSOR ROAD CASTLE HILL
ITEM-23 INFORMATION AND STATUS REPORTS 15
QUESTIONS WITHOUT NOTICE 15
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
375 PRESENT
Mayor Dr M R Byrne (In the Chair) Clr S P Uno (Deputy Mayor) 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 R Jethi
376 TIME OF COMMENCEMENT
7:05pm
377 TIME OF COMPLETION
9.49pm
378 DECLARATIONS OF INTEREST
Item 4 - Mayor Dr Byrne, Councillors Thomas, Jethi, De Masi, Dr Gangemi, Russo, Clr Collins OAM and Uno,
379 ARRIVALS AND DEPARTURES
Nil.
380 DISSENT FROM COUNCIL'S DECISIONS
Nil.
381 ADJOURNMENT & RESUMPTION
Nil.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
The Mayor advised in accordance with the Code of Meeting Practice that this meeting is being recorded and live streamed with both audio and visual.
ITEM-1 CONFIRMATION OF MINUTES
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR JETHI THAT the Minutes of the Ordinary Meeting of Council held on 13 July 2021 be confirmed.
THE MOTION WAS PUT AND CARRIED.
382 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 13 July 2021 be confirmed.
MAYORAL MINUTE NO. 8/2021 – COVID-19 UPDATE AND POSTPONEMENT OF LOCAL GOVERNMENT ELECTIONS
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR DE MASI THAT this Mayoral Minute be received.
THE MOTION WAS PUT AND CARRIED.
383 RESOLUTION
This Mayoral Minute be received.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
ITEM-2 POST EXHIBITION - PLANNING PROPOSAL, DEVELOPMENT CONTROL PLAN AND VOLUNTARY PLANNING AGREEMENT AT 2-4 BURBANK PLACE, NORWEST (18/2018/PLP)
Proceedings in Brief Simon Wilkes of Urbis Pty Ltd (in favour) addressed Council regarding this matter.
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.
384 RESOLUTION
1. Council enter into the Voluntary Planning Agreement (Attachment 1) and authorise Council’s common seal to be affixed to the Voluntary Planning Agreement.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
2. The Voluntary Planning Agreement be executed and registered on the title of the land prior to the planning proposal being progressed to finalisation.
3. Council write to the Department of Planning, Industry and Environment (DPIE) requesting confirmation, within a 14 day timeframe, on whether or not Government requires a Satisfactory Arrangements and/or Concurrence Clause to be applied to the planning proposal, in response to the submission received from Transport for NSW.
4. The planning proposal progress to finalisation in accordance with this Report, subject to the incorporation of a Satisfactory Arrangements and/or Concurrence Clause, if confirmation of this requirement is received from the Department of Planning, Industry and Environment within the 14 day timeframe. If no response is received from the Department of Planning, Industry and Environment within the 14 day timeframe, it will be assumed that no Satisfactory Arrangements and/or Concurrence Clause is required and the planning proposal will progress to finalisation in its current form.
5. Draft amendments to The Hills Development Control Plan 2012 Part C Section 1 – Parking (Attachment 2) be adopted and come into force at the time the associated planning proposal is notified.
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 S P Uno Clr R Jethi 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 F P De Masi
VOTING AGAINST THE MOTION None
ITEM-3 PLANNING PROPOSAL - 14-16 BROOKHOLLOW AVENUE, NORWEST (2/2021/PLP)
Proceedings in Brief Simon Wilkes of Urbis Pty Ltd (in favour) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR JACKSON AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
385 RESOLUTION
1. The planning proposal for land at 14-16 Brookhollow Avenue, Norwest (Lot 3 DP 1010849), seeking to increase the maximum height of building from RL116 metres to RL 129.2 metres and increase the floor space ratio from 1:1 to 2.65:1, be forwarded to the Department of Planning, Industry and Environment for Gateway Determination.
2. Prior to the proposal being forwarded to the Department for Gateway Determination, the Proponent be required to submit an updated Planning Proposal Report, Traffic Impact Assessment Report, Flood Study Report, Urban Design Report (including cross sections, elevations and floor plans) and Overshadowing Analysis, which seek to resolve the remaining site specific issues identified in this report.
3. Draft Hills Development Control Plan 2012 Part D Section X – 14-16 Brookhollow Avenue, Norwest (Attachment 3) be publicly exhibited concurrent with the planning proposal.
4. Council accept, in principle, the draft Voluntary Planning Agreement (Attachment 4), with the VPA to be subject to legal review (at the cost of Proponent), updated in accordance with the recommendations of the legal review and subsequently placed on public exhibition concurrent with the planning proposal and draft Development Control Plan.
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 S P Uno Clr R Jethi 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 F P De Masi
VOTING AGAINST THE MOTION None
ITEM-5 HILLS OF CARMEL VOLUNTARY PLANNING AGREEMENT (5/2018/VPA)
Proceedings in Brief Alex Rybak of Mugul Pty Ltd and Jundu Pty Ltd (against) addressed Council through the General Manager
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
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 UNANIMOUSLY.
386 RESOLUTION
Council proceed with Option 2 as set out in the report and not proceed with the amendment as requested on the basis that on balance it does not benefit Council, and the developer has sufficient capacity left in their remaining contributions to offset their infrastructure costs and/or exhaust their credits.
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 S P Uno Clr R Jethi 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 F P De Masi
VOTING AGAINST THE MOTION None
7.12pm Mayor Dr Byrne, Councillors Thomas, Jethi, De Masi, Dr Gangemi, Russo, Collins OAM and Uno having previously declared a non-pecuniary, less than significant conflict of interest for Item 4 remained in the meeting.
ITEM-4 PLANNING PROPOSAL - 34-46 BROOKHOLLOW AVENUE, NORWEST (9/2019/PLP)
A MOTION WAS MOVED BY COUNCILLOR UNO AND SECONDED BY COUNCILLOR JETHI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
387 RESOLUTION
1. The planning proposal for land at 34-46 Brookhollow Avenue, Norwest be forwarded to the Department of Planning, Industry and Environment for Gateway Determination,
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
based on the revised concept submitted by the Proponent in June 2021 and as detailed in Section 4 of this report.
2. Prior to the proposal being forwarded to the Department for Gateway Determination, the Proponent be required to submit an updated Planning Proposal Report, Urban Design Report, Overshadowing Analysis, Economic Impact Assessment, Social Impact Assessment and Transport Assessment which reflect the June 2021 revised concept which is the subject of this report.
3. Draft The Hills Development Control Plan 2012 – Part D Section X – 34-46 Brookhollow Avenue (Attachment 4) be publicly exhibited concurrently with the planning proposal.
4. Council proceed with discussions with the Proponent with respect to the preparation of a Voluntary Planning Agreement, with a view to securing infrastructure contributions which are, at a minimum, commensurate with those specified in Table 3 (with respect to commercial component of the development) and Table 4 (with respect to the residential component of the development) of this report.
5. Prior to public exhibition of the planning proposal and draft Development Control Plan, Council consider a further report on the draft Voluntary Planning Agreement.
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 S P Uno Clr R Jethi Clr B L Collins OAM Clr A N Haselden Clr M G Thomas Clr E M Russo Clr A J Hay OAM Clr F P De Masi
VOTING AGAINST THE MOTION Clr R M Tracey Clr Dr P J Gangemi Clr J Jackson
MATTER ARISING
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HAY OAM THAT the matter be brought to a briefing with a plan to review our corridor strategy.
THE MOTION WAS PUT AND CARRIED.
388 RESOLUTION
The matter be brought to a briefing with a plan to review our corridor strategy.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR JETHI AND SECONDED BY COUNCILLOR RUSSO THAT items 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21 and 22 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
389 RESOLUTION
Items 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21 and 22 be moved by exception and the recommendations contained therein be adopted.
ITEM-6 POST EXHIBITION REPORT - CATTAI CREEK CORRIDOR - DRAFT MASTER PLAN
390 RESOLUTION
1. Council adopt the Draft Master Plan for the Cattai Creek Corridor.
2. Council continue to consult with the community as part of further design stages of the project.
ITEM-8 LTC RECOMMENDATION JUNE 2021 - 2021 BRIDGE TO BRIDGE WATER SKI CLASSIC - TRAFFIC MANAGEMENT ARRANGEMENTS IN THE HILLS SHIRE
391 RESOLUTION
1. The Committee endorse the traffic management arrangements associated with the 2021 Bridge to Bridge Water Ski Classic to be held on Saturday 20 November 2021 and Sunday 21 November 2021 subject to:
a) The event being classified as a Class 1 event in accordance with the ‘Guide to Traffic and Transport Management for Special Events’ and the traffic management plan be submitted to Transport Management Centre (TMC) for their concurrence to hold the event; b) The Committee endorsing the Special Event Transport Management Plan prepared by the NSW Water Ski Federation Ltd; c) The Special Event Transport Management Plan is forwarded to the Hawkesbury Local Area Command and Transport for NSW for their concurrence to hold the event; d) Signs advising of the ferry closures being installed at least two weeks prior to the event on the immediate approaches to the ferries on Sackville Ferry Road, River Road and Old Northern Road, and at the intersections of: Wisemans Ferry Road and Sackville Ferry Road; Sackville Ferry Road and River Road; Wisemans Ferry Road and Cliftonville Road; Cliftonville Road and River Road; River Road and Old Northern Road;
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
e) The event organisers holding Public Liability Insurance in the minimum amount of $20 million with respect to any one claim; f) Approval from the NSW Police Force to hold a public assembly; g) Approval for the event being obtained from Hornsby Shire Council and Hawkesbury City Council and the event organisers complying with any conditions of approval imposed by those Councils; h) Approval to conduct the event on the Hawkesbury River being obtained from Transport for NSW (Maritime); i) Approval being obtained from Transport for NSW to temporarily suspend the operation of the Wisemans Ferry, Webbs Creek and Sackville ferries; j) Approval being obtained from Hawkesbury City Council to temporarily suspend the operation of the Lower Portland ferry; k) Approval being obtained from the Transport Management Centre through the granting of a Road Occupancy Licence; l) Submission of a Traffic Management Plan to the Transport Management Centre for their concurrence; m) A public notice advising of the event and road closures being placed in the local press at least two weeks prior to the event; n) Written notification being provided to NSW Ambulance Service, Fire & Rescue NSW, The Hills State Emergency Service, Hawkesbury State Emergency Service, The Hills Rural Fire Service and Hawkesbury Rural Fire Service, at least two weeks prior to the event; o) written notification being provided to all residences and businesses on both sides of the section of the Hawkesbury River that may be affected by the event at least two weeks prior to the event, with the notification including a contact name, email address and phone number.
2. The General Manager be given delegated authority to approve the event on an alternate date should such circumstances arise subject to the same conditions being applied.
ITEM-9 LTC RECOMMENDATION JUNE 2021 - SHOPLANDS ROAD, ANNANGROVE - PROPOSED NEW SCHOOL BUS STOP
392 RESOLUTION
Council approve the installation of a new school bus stop 7.00 – 9.00am and 3.00 – 4.30pm school days’ near the cul-de-sac in Shoplands Road, Annangrove in accordance with Figures 3 and 4 in the report.
ITEM-10 LTC RECOMMENDATION JUNE 2021 - SANTA SOPHIA CATHOLIC COLLEGE GABLES - PROPOSED PARKING RESTRICTIONS AND LINE MARKING PLANS
393 RESOLUTION
1. Council approve the attached signposting and linemarking plan at Attachment 1 (ECM# 19519569) subject to:
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
a) the W5-10 (Speed Hump) advisory signs on the approaches to the raised pedestrian crossing on Road B (Lakefront Crescent) be supplemented by 25kph advisory speed limit (W8-2) signs; b) the ‘No Stopping’ signs on northern and southern sides of Red Gables Road, directly east of Fontana Drive to indicate both directions (i.e. R5-400(L&R) instead of R5- 400(L) or R5-400(R));
2. The cost and installation of all signage and line marking is to be undertaken by Stockland or Santa Sophia Catholic College inclusive of any changes to times required on the signs if the non-standard school zone times are approved.
ITEM-11 LTC RECOMMENDATION JUNE 2021 - 2021 ORANGE BLOSSOM FESTIVAL EVENTS - CASTLE HILL SHOWGROUND
394 RESOLUTION
1. The 2021 Orange Blossom Festival event to be held at Castle Hill Showground on Saturday 28th August, 2021 be classified as a Class 2 event in accordance with the Transport for NSW “Guide to Traffic and Transport Management for Special Events”.
2. The Committee endorse the Traffic Management Plan as submitted by The Hills Shire Council’s Events Team in Attachment 1 (ECM 19482279).
3. The signed Traffic Management Plan be forwarded to Transport for NSW and the Police for their concurrence to hold the event.
4. The General Manager be given delegated authority to approve the event on an alternate date should such circumstances arise subject to the same conditions being applied.
ITEM-12 LTC RECOMMENDATION JUNE 2021 - MORRIS GROVE, KELLYVILLE - PROPOSED PEDESTRIAN CROSSING UPGRADE
395 RESOLUTION
The Committee endorse the upgrade of the existing marked pedestrian crossing on Morris Grove, Kellyville outside William Clarke College to a raised ‘wombat’ style marked pedestrian crossing as per the plan at Attachment 1 (ECM 19509394) subject to the existing 20kph speed advisory signs being replaced with 25 kph speed advisory signs.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
ITEM-13 LTC RECOMMENDATION JUNE 2021 - TUCKWELL ROAD AND BOUNTY AVENUE, CASTLE HILL - PROPOSED DOUBLE (BB) CENTRELINE LINEMARKING
396 RESOLUTION
Council approve the installation of double (BB) centreline markings in Tuckwell Road and Bounty Avenue, Castle Hill as detailed in Figure 3 in the report.
ITEM-14 LTC RECOMMENDATION JUNE 2021 - FUGGLES ROAD, KENTHURST - PROVISION OF DOUBLE CENTRELINE LINEMARKING
397 RESOLUTION
The Committee endorse the provision of double centreline linemarking in Fuggles Road, Kenthurst outside No.10 as detailed in Figure 3 in the report.
ITEM-15 LTC RECOMMENDATION JUNE 2021 - SEDGER ROAD, KENTHURST - PROPOSED LINE MARKING AT ANNANGROVE ROAD
398 RESOLUTION
In accordance with Figure 4 in the report, Council approve the installation of:
a) A double centreline (BB line) from the intersection of Annangrove Road and Sedger Road to the driveway of The Hills Landscape Supplies; b) Give Way sign and associated linemarking (TB and TB1 lines) at the intersection of Sedger Road and Annangrove Road.
ITEM-16 NSW JUNIOR STATE NETBALL TITLES - KELLYVILLE NETBALL COMPLEX, WELLGATE AVENUE, NORTH KELLYVILLE
399 RESOLUTION
1. Council approve the temporary change to the existing “No Stopping 8.30am - 6.00pm Saturday’ restrictions on Wellgate Avenue between Hermitage Avenue and Nos. 26 and 28 Wellgate Avenue on the northern and southern sides of the road for the two days of the NSW Junior State Netball Titles on 25 and 26 September 2021.
2. The General Manager be given delegated authority to approve any further change to the date of the event subject to the same condition.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
ITEM-17 CURTIS ROAD, NORTH KELLYVILLE - PROPOSED PEDESTRIAN REFUGE ISLAND
400 RESOLUTION
Subject to the endorsement of the Local Traffic Committee, Council approve the construction of a pedestrian refuge island on Curtis Road, North Kellyville in accordance with the concept design detailed in Attachment 1(ECM # 19535415)
ITEM-19 NSW FIRE & RESCUE INSPECTION REPORT - BUILDING, 180 HEZLETT ROAD NORTH KELLYVILLE
401 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 Building Surveyor - Unrestricted and an Accredited Practitioner Fire Safety and a Fire Safety Audit Report to be 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.
ITEM-20 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
402 RESOLUTION
1. Council consent to the release of a temporary drainage easement and restriction on the use of land from the title of Lot 201 DP 1255472, Limestone Road, Box Hill and the associated legal documents be authorised for execution under seal.
2. Council consent to the release of a temporary right of access from the title of Lot 1 DP 1262623, 5-7 Palaran Avenue, North Kellyville and the associated legal document be authorised for execution under seal.
ITEM-21 TENDER T21/0207 CIVIL WORKS AND MATERIALS PANEL
403 RESOLUTION
Council accept the tender offers of the Preferred Tenderers for Tender T21-0207 for the respective pricing schedules set out in Confidential Attachment 1 to this report for a period of 2 years commencing 1 August 2021 with the option of three one year extensions.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
ITEM-22 PROPOSED ACQUISITION - PART LOT 1 DP 1068843 AND PART LOT 1 DP859067 WINDSOR ROAD CASTLE HILL
404 RESOLUTION
1. Council agree to the purchase of Part Lot 1 DP 1068843 and Part Lot 1 DP 859067 Windsor Road Castle Hill for the market value amount of $200,000.00 excluding GST, and disturbance costs as outlined in this report with a Contract of Sale and any required Deeds, plans, instruments, transfers and any other associated documents required be authorised for execution under seal.
2. Council classify Part Lot 1 DP 1068843 and Part Lot 1 DP 859067 Windsor Road Castle Hill as “Operational” Land pursuant to Section 25 of the Local Government Act 1993 to allow dedication as a public road.
3. Upon acquisition Part Lot 1 DP 1068843 and Part Lot 1 DP 859067 Windsor Road Castle Hill 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
ITEM-7 POST EXHIBITION - DOG OFF-LEASH AREAS
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.
405 RESOLUTION
1. Council endorse Colbarra Avenue Reserve, West Pennant Hills and Indwarra Avenue Reserve, North Kellyville as the proposed locations of dog off-leash facilities in those areas.
2. Funds of $146,000 for the design and construction of each facility be included in Council’s Draft 2022/23 Capital Works Program from Items OE0045 and OE0047 within the Section 7.12 Plan.
ITEM-18 MINUTES OF AUDIT COMMITTEE MEETING - 17 JUNE 2021
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR HAY OAM THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
406 RESOLUTION
Council adopt the recommendations of the Audit Committee Meeting dated 17 June 2021.
ITEM-23 INFORMATION AND STATUS REPORTS
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
407 RESOLUTION
1. The status of legal matters before all Courts as shown in Attachment 1 be noted (ECM Document No 19554235).
2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted (ECM Document Nos. 17211396 and 17211397).
3. The Schedule of Questions and Answers at Council Meetings held on 8 June and 22 June 2021 shown in Attachment 3 be noted (ECM Document Nos. 19523179 and 19549064)
4. The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No. 19580685)
5. Development Applications Involving Variations to Development Standards from 1 April 2021 to 30 June 2021 as shown in Attachment 5 be noted. (ECM Document No. 19580757)
QUESTIONS WITHOUT NOTICE
408 ENQUIRY INTO REGULATION OF BUILDING STANDARDS
Councillor Hay OAM noted the public accountability standing committee in the NSW Legislative Council has announced an enquiry into the regulation of building standards and are required to report by 25 November 2021. They have invited submissions on 2 items of interest to this Council, flammable cladding and private certification and engineering reports for construction projects. Could Council put a submission to our committee members?
The General Manager advised he would take the matter on notice however; Council has lodged well documented submissions around building regulations and planning reform and the inherent conflict of interest around the private certification system on many occasions. Obviously the flammable cladding issue is fairly new and is a very complex and difficult thing to resolve. It seems to be that unlike other building defects that occur over time, private certifiers are not able to get insurance to issue certificates on buildings that have flammable cladding and it is coming to a point where we are unable to get participation of the private sector in those instances. Flammable cladding is being replaced by other material that doesn’t meet other performance criteria, e.g. Weather proofing and structural loading. It is not as simple as taking off one cladding and replacing with another one. We may have
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instances, hopefully not in our shire, where it might be possible that someone has removed cladding only to replace it with another form of noncompliant cladding.
Councillor Hay OAM thanked the General Manager for the response and agreed that would be sufficient for our submission. They are looking for feedback on the inadequacies and what costs are involved and transferred to Councils.
409 OFFER OF COUNCIL VENUES
Councillor Tracey asked if Council had offered the Federal or State Government use of our unused venues for either Covid testing sites or vaccination hubs and what assistance have we offered?
The General Manager advised not to his knowledge but there are a number of sites that are set up in the Shire for testing and vaccination The General Manager is not aware of any request from any agencies other than the Castle Hill Showground site. That site is a well- used and is a popular testing site and has been used since early 2020. The General Manager confirmed Council stands ready to offer assistance and have responded to any requests received.
The Group Manager – Customer, Community Services and Technology confirmed Council was in regular contact with NSW Health and Western Sydney Health but noted COVID testing sites can have issues around where they are placed. The Department has come to us from time to time when they have a flare up and Council have responded. There has been no request for a vaccination station at this stage as they are using other locations.
410 CONSISTENT NAMING OF PARKS AND RESERVES ON CADASTRAL MAPS
Councillor Haselden asked if Council had an outcome on the review of the consistency, accuracy and official recognition of names of our parks and reserves on cadastral maps. Noting, for example, that the proposed off-leash area in West Pennant Hills is referred to in the report as Colbarra Ave Reserve, whereas Google Maps refers to it as Moore Reserve and it is not referenced in Apple maps?
The Group Manager – Shire Strategy, Transformation & Solutions confirmed Council has looked at its list of reserves and there are approximately 200 that need to be checked with the relevant providers. Council have to make sure the GNB have a reference and then contact Google or Apple as the owner of the mapping to request the change with them. There is a project that has catalogued those and the process is being worked through.
Councillor Haselden further asked if Council were consistent in its own records. Could Moore Reserve and Colbarra Avenue Reserve be used interchangeably in Council documents anywhere?
The General Manager advised he would take the matter on notice.
411 BARRY ROAD BYPASS
Councillor Dr Gangemi requested an update on the Barry Road Bypass. Have we finalised the modelling and warrants discussions with TfNSW? Are the delays on the project from our end or from TfNSW and what can be done to overcome these delays?
The General Manager advised he would take the matter on notice.
This is Page 16 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 27 July 2021
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
412 COMMUNITY FORUM – 13 JULY 2021
Councillor Dr Gangemi noted during Community Forum at the last Council meeting, two speakers addressed Council on the intersection of Old Pitt Town Road, Terry Road and Fontana Drive. The speakers asked a number of questions of Council. Can Council confirm if a written response had been provided to each of these speakers?
The Group Manager – Shire Strategy, Transformation & Solutions advised there were quite a number of detailed questions and Council is currently preparing a detailed response. The response should be ready in the next day or two.
413 NEW LINE ROAD UPGRADE – PUBLIC SUBMISSIONS
Councillor Dr Gangemi noted TfNSW currently have a public exhibition on the upgrade of New Line Road which closes on 18 August 2021. Would it be appropriate for Council to put in a submission of what we envisage New Line Road should look like or encourage our residents to put in a submission?
The General Manager noted it is open for Council to put in a submission and would encourage residents to also put in a submission. Council has made lots of submissions and advocated for how that linkage does need to be upgraded as it serves as an important road link into in, out and through our Shire. The General Manager advised he would take the matter on notice.
414 WALKWAY MAINTENANCE – KINGUSSIE AVENUE AND APPLECROSS AVENUE CASTLE HILL
Councillor Russo has been contacted by residents regarding the walkway between Kingussie Avenue and Applecross Avenue Castle Hill. Is this area on a regular maintenance schedule? Could Council also look at the footpath on the corner of Applecross Avenue which appears to need some repairs?
The Group Manager - Infrastructure and Works advised this walkway was on a regular maintenance schedule but would make enquiries to see why Council weren’t meeting community expectations.
415 ACKNOWLEDGEMENT FOR QUICK RESPONSE
Councillor Jackson acknowledged the Group Manager – Infrastructure and Works for his team’s quick response to trees down in parks from the recent winds.
416 MENTAL HEALTH AND WELL-BEING OF RESIDENTS DURING LOCKDOWN
Councillor Jackson asked if Council could provide information to Councillors on what current actions or strategies are being undertaken or planned to support the mental health and well- being of our residents during lockdown.
The General Manager advised he would take the matter on notice.
This is Page 17 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 27 July 2021
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
417 CRESTWOOD RESERVE – DOG PARK
Councillor Thomas has received emails from residents in relation to the dog park and appears to need more maintenance. The resident was told it was part of the 2022/23 capital works budget. Would this not be standard maintenance required to make the dog park more pleasant. Why would it be in the capital works budget and not the maintenance budget and ongoing? Could a plan be presented to Councillors and residents on the specifics?
The General Manager advised there are maintenance issues which are dealt with and there is a maintenance schedule. Crestwood would be a combination of weather patterns and also increased usage which has caused some challenge. Returfing and renovations are part of the maintenance regime but there are also a lot of requests for capital items and they come under the capital works plan.
Councillor Thomas requested a plan be presented to Councillors and residents on the specifics?
The General Manager advised he would be happy to provide an update but noted toilets, barbeques, lighting and drainage are capital works while returfing and rejuvenating the turf is a maintenance issue.
418 BARKING DOGS
Councillor Thomas has received notice from a resident about a complaint regarding a barking dog in Bella Vista and seemed offended by Council’s response. Can Council look into this matter?
The General Manager advised that he would take the matter on notice.
419 MEMO TO COUNCILLORS
Councillor Thomas noted Councillors had received a confidential memo around the projected end of year contribution plans. These were previously open to the public. Is there a reason for this?
The General Manager advised there was information contained in the Memo that isn’t in the public realm and the memo was provided to Councillors to aid them in their understanding. It may be worthwhile to have a discussion with the Group Manager – Finance & Organisational Performance to answer that enquiry.
Councillor Thomas further noted in regard to the contributions plans he wanted to see total expected contributions for each plan and total expenditure for each plan so he can see the gap for each individual plan.
The General Manager advised the information is in the material provided but it would take the question on notice.
420 COMMERCIAL PROPERTY ENQUIRIES
Councillor Jethi wished to thank the Group Manager – Development and Compliance for his team’s response to emails from residents regarding commercial properties in The Hills Shire.
This is Page 18 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 27 July 2021
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 27 July 2021
421 GRAFFITI AND VANDALISM
Councillor Jethi tabled two emails from residents regarding graffiti and vandalism of public property and thanked Council’s Group Manager – Infrastructure & Works and his team, for being extremely proactive rectifying one matter within 24 hours.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 10 August 2021.
MAYOR GENERAL MANAGER
This is Page 19 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 27 July 2021
ORDINARY MEETING OF COUNCIL 10 AUGUST, 2021
ITEM-2 COMBUSTIBLE CLADDING PROGRAM STATUS
DOC INF O
THEME: Shaping Growth 3 Sound governance that values and engages our customers OUTCOME: and is based on transparency and accountability. 3.3 Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community. STRATEGY: 9.1 Effective regulatory strategies, local laws, and compliance programs, manage public health and the impact of new and existing development on the community.
MEETING DATE: 10 AUGUST 2021 COUNCIL MEETING
GROUP: DEVELOPMENT AND COMPLIANCE
MANAGER – REGULATORY SERVICES AUTHOR: CRAIG WOODS
GROUP MANAGER – DEVELOPMENT AND COMPLIANCE RESPONSIBLE OFFICER: CAMERON MCKENZIE
BACKGROUND Building fires at the Grenfell Tower in London (2017) and the Lacrosse Building in Melbourne (2014) brought global attention to the risks associated with the use of external combustible cladding. Certain types of external combustible cladding can impact on the safe egress of occupants from the building, significantly contribute to the spread of fire via the external façade of the building and impact on the fire-fighting operations of NSW Fire & Rescue.
On 24 September 2019, Council adopted an External Combustible Cladding Policy (ECCP) to identify all relevant buildings with external combustible cladding within the LGA, specify the criteria which must be considered when determining an appropriate course of action and develop an appropriate safety benchmark which must be achieved where rectification works are required.
On 9 February 2020, a report was referred to Council to provide an update as to the assessment of buildings identified with external combustible cladding.
The purpose of this report is to provide a further progress update regarding the rectification of buildings identified with external combustible cladding.
REPORT 80 buildings have been identified by Council staff and NSW Fire & Rescue where external combustible cladding may have been used in circumstances that are contrary to the requirements of the Building Code of Australia.
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The presence of external combustible cladding does not automatically deem the provisions for fire safety inadequate or the building unsafe. A case-by-case risk assessment has been undertaken to determine the level of risk associated with use of external combustible cladding on each building and whether further action is warranted.
31 of the 80 buildings were assessed by Council staff and no further action was warranted in accordance with the policy or a voluntary fire safety upgrade of the external combustible cladding has been completed by the owners within the previous 2 years.
49 buildings remain which have been confirmed to have external combustible cladding and further action is warranted in accordance with the policy. The owners of each building have been provided with a choice as to how they wish to address the use of external combustible cladding and how to make the building safe for occupation.
37 of the 49 building owners chose to obtain development consent to facilitate a voluntary upgrade of the external combustible cladding. The owners of 12 buildings have been issued with a fire safety notice or order.
Given the unique circumstances and complexity of each building with respect to construction methods, materials used, costs and ownership, the owners are progressing through the rectification process at varying tempos. The following table provides a snapshot of the progress.
REVIEW OF CLADDING/ PREPARING APPLICATIONS STATUS NUMBER Cladding identification statement outstanding or the owners are reviewing options 0 Owners have advised that a development application will be lodged 2 DA/ CC/ CDC PATHWAY STATUS NUMBER Development application under assessment 0 Development application approved 14 Construction Certificate under assessment by a Registered Certifier 5 Construction Certificate/ Complying Development Certificate has been approved 9 but work has not commenced Rectification work has commenced 7 NOTICE/ ORDER PATHWAY STATUS NUMBER Notice of intention to give a fire safety order has been issued 3 Fire safety order or cease use order has been issued 9 FINALISED STATUS NUMBER Upgrade completed/ no further action required 31 TOTAL 80
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NSW Government’s Project Remediate The NSW Government announced “Project Remediate” in the NSW State Budget 2020-21. The scheme allows eligible building owners to apply to the NSW Government for an interest free loan to fund the remediation of external combustible cladding.
To be eligible, the building must be a Class 2 apartment building (including mixed used buildings) and have been identified by the NSW Government’s Cladding Taskforce to have an external combustible cladding that requires remediation.
NSW Fair Trading wrote to the three building owners in The Hills Shire Local Government Area who are eligible to participate in the scheme. All building owners have indicated to Council staff that they do not intend to participate in the scheme.
NEXT STEPS Over the next 6-12 months buildings will move from the design and approval phase into the construction and completion phase. Where rectification works are required, it is expected the majority of building owners will complete the works by the end of December 2021 with the remainder being completed by June 2022. However, there are a few buildings which are not expected to be completed until the end of December 2022 due to the unique size and complexity of the rectification works required to be undertaken.
CONCLUSION The Hills Shire Local Government Area has one of the highest numbers of buildings with external combustible cladding. The External Combustible Cladding Policy has been effective in driving the rectification of relevant buildings in the Shire. The rectification program is progressing well when compared to other Councils who have fewer buildings and have not met the NSW Government’s expectations. A further update will be provided in due course.
IMPACTS Financial The matter has no direct financial impact upon Council’s adopted budget or forward estimates.
Strategic Plan - Hills Future The recommendation of this report demonstrates Council’s commitment to provide a desirable and safe living environment.
RECOMMENDATION The report be received.
ATTACHMENTS Nil.
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ORDINARY MEETING OF COUNCIL 10 AUGUST, 2021
ITEM-3 COUNCIL OPERATIONS IN RESPONSE TO COVID 19, DELTA VIRUS RESTRICTIONS
DOC INFO
THEME: Proactive Leadership 1 A connected and inclusive community with access to a range OUTCOME: of services and facilities that contribute to health and wellbeing. 3.3 Ensure Council is accountable to the community and STRATEGY: meets legislative requirements and support Council’s elected representatives for their role in the community.
MEETING DATE: 10 AUGUST 2021 COUNCIL MEETING
GROUP: FINANCE AND ORGANISATIONAL PERFORMANCE
GROUP MANAGER – FINANCE & ORGANISATIONAL AUTHOR: PERFORMANCE CHANDI SABA
GENERAL MANAGER RESPONSIBLE OFFICER: MICHAEL EDGAR
REPORT The COVID-19 Delta Strain has seen the Australian Federal and State governments introduce significant measures through Public Health Orders (PHO) to manage the spread of the virus throughout the community. The outcome of the Public Health Orders has resulted in the closure of many businesses along with severe restrictions on the movement of people. The purpose of this report is to inform Councillors and the community on how Council is responding to it and for Council to consider providing relief to those that may be affected by financial hardship due to this round of lockdowns.
How Council Operations are responding to the PHO
At the time of writing this report eight local government areas of concern were subject to stricter rules. People in Fairfield, Liverpool, Canterbury-Bankstown, Cumberland, Blacktown, Parramatta, Georges River and Campbelltown local government areas are not allowed to leave their local areas for work unless they are on the list of authorised workers.
While construction is allowed to restart in The Hills Shire LGA, it is not allowed to resume in the eight LGAs of concern, nor will construction workers be allowed to leave these areas. Work in other local government areas will only be allowed on unoccupied sites. These sites will be subject to a one-person per four square metre rule and must have a COVID-19 safety plan. It seems that supply chain deliveries will be permitted from all areas.
The General Manager and Executive have activated Council’s Business Continuity Plan (BCP). The approach has been to maintain services that are allowed to work as close to normal as practicable. The following measures have been implemented.
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. To keep as many of our staff working productively as long as possible and deliver the services expected under the Operational Plan. . Adjust workplaces to enable work to be conducted remotely as much as possible. . Look for other savings in programs and activities that can offset falling income. . Offer redeployment opportunities where they exist. . Support as many employees as possible who would like to consider working reduced hours, take leave at half pay, take leave without pay. . Share workload if practicable between staff over the period.
As we saw last year, the PHO’s do have an impact on the way work is performed at Council although staff have adapted well to these conditions. Staff are operating in a new “normal” with many workers working at home, starting and finishing in the field and some working in the workplace with restrictions on numbers, movement and the compulsory wearing of masks under the PHO.
At the time of writing this report, only community venues, libraries and construction sites were closed. Although the closure of construction sites had some impact on our capital works, they have all recommenced now. Supply chain issues associated with the restart will be an ongoing concern with potential delays and increased costs on some of our projects.
Notwithstanding the construction pause, the PHO allow the outdoor workforce to continue providing essential services for the maintenance, safety and upkeep of public assets including recreational spaces. All other services that are permitted to operate and are regarded as being essential continue to operate in a Covid friendly manner including the following services;
• Waste and recycling collection services • Infrastructure planning & design • Property management & land acquisition • Childcare centres • Hills Community Care and meals on wheels services • Library services will be available online or via home delivery • Customer service will continue online or via phone • Regulatory services • Administrative and support services
Overall demand and workload is still high with high volumes of work coming through planning portals, electronic lodgements, online, postal and phone transactions. Our recreation network is still being used extensively by residents despite the lockdown and the suspension of community sport.
Unlike last year, the wording in the PHO this year has stated that the Employer’s must allow an employee to work from home if it is reasonably practical to do so. Organisations that do not allow employees that can reasonably work from home to do so face a fine of up to $10k. However there are some functions at Council that require the size, power and support of IT systems that rarely exist in homes that will need to come to the workplace. A record is maintained where the employee has come to work and the reasons why those staff are unable to work from home. Attendance will be prohibited to staff that live in the local government areas of concern unless they are classified as an “Authorised Worker”.
For any staff who are stood down the “Splinter Award” provisions will apply. Splinter Award states the following:
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• Workers can continue in their current role if they have sufficient meaningful work; • Workers are to be offered suitable alternative duties if they can no longer do their normal duties; and failing these two scenarios; • Workers may be stood down.
Workers who are stood down are done so on full pay for 4 weeks. After 4 weeks they are then expected to use accrued leave or take leave without pay.
Response to provide relief
The Federal Government has announced relief packages to individuals in the form of COVID-19 disaster payments for eligible individuals and increased mental health counselling services. For businesses, in the form of Job saver, have made it easier for employees to take LSL, Payroll Tax deferrals and concessions.
In response to current stay-at-home orders, the NSW Government and the State Government has announced various 2021 COVID disaster payments to businesses and individuals who are impacted. Where eligibility criteria were not available at the time of writing this report, it is unlikely that council-run services will be eligible for any financial support packages. It may mean that some of our tenant businesses that rent premises from Council will receive some form of financial support.
As reported in June 2020, COVID-19 did not have a significant financial impact on the adopted Budget last financial year as the cost savings due to not undertaking community events and freezing of vacant positions largely offset the reduction of income from our property portfolio, community venues, sporting facilities, child care and Hills Community Care.
Council’s current financial position is sound and the fact it had almost no financial impact last year due to this pandemic, it is proposed similar Covid -19 relief measures be introduced again this year to provide relief to families and businesses. They are detailed below.
Child Care
The Federal Government in 2020 provided 50% fee relief by way of subsidy payments to Service Providers for the duration of the ‘no fee’ period during lockdown from Monday 6 April 2020 to Sunday 12 July 2020. The NSW Government matched this and paid the 50% balance of lost income incurred by service providers. Parents, as an outcome of this fee relief paid no fees at that time. The total fee relief received by the Hills Shire Council in 2020 was approximately $1.6.m. As such Hills Shire Council Child care services did not have any financial impact on the adopted Child Care Budget last year.
This time around in 2021, no relief has been offered to service providers. However the Federal Government in July 2021 announced that Service Providers can waive “gap fees”. The waiver is a business decision for each Service Provider. The gap fee is the scheduled daily fee less the means tested child subsidy that is paid to Service Providers from the Australian Government.
Currently, there is no fee relief available to Local Government Child Care Services from either the Federal or NSW Governments. Local Government NSW has made a submission to the NSW Government amidst concerns that the waiving of gap fees will result in lost income for service providers. On their “means tested” income this ranges between 15% to 80%, for individual families.
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As a result of the current policy setting, THSC Children’s Services program is continuing to charge the gap fees. The Council services remain open and the majority of families have retained enrolments and their scheduled attendance days for their children but many of these families are not attending and continue to pay the gap fee for their scheduled attendance days.
Some families have made decisions to reduce their scheduled attendance days, whilst also maintaining enrolment, so that they can achieve a lower gap fee each week. These families have clarified that they will reinstate their scheduled attendance days, once the lock down is lifted. Council is currently charging approximately $60,000 per week in gap fees on the basis that the attendances (occupancy) are at 90%. However in recognition of the financial hardship that people may face due to this round of ‘lock downs’ the following options are available:
1. Continue to charge the gap fee 2. Provide a gap fee relief for the duration of lockdown and future lockdowns, to individual families, on a case by case basis where families experience genuine financial hardship and cannot attend because of that. 3. Provide a gap relief for all parents
It is recommended that Council approve Option 2 for now and keep it under review pending any fee support being provided.
Property Lease Income
Under Local Government (General) Regulation 2005 Reg 213 (2), a Council must from time to time by resolution fix a threshold amount by which debts owing to the Council may be written off. A Council may give the General Manager delegated authority to write off any debts below that limit.
In the last two financial years, Council delegated to the General Manager to waive Covid related rental payments up to $420,297. A total of 26 lessees and licensees have been granted approval for write off by the General Manager amounting to $376,714. Currently there is a balance of $43,583 available from the previous delegation.
It is recommended that Council introduce similar concessions as last year and delegate to the General Manager the power to write off and/or defer rent payments based on the following parameters:
• High Risk Category
For any Lessees and Licensees affected by forced closure, Council to approve 100% rent write-off for 3 months and 50% rent deferral for a further 3 – 6 months. This includes businesses such as cafés within libraries, gymnasiums, hospitality venues and community buildings used for public purpose such as churches, learning and martial arts etc where the building was not accessible to the public or the public order imposed restrictions.
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• Medium – Low Risk Category
For any Lessees and Licensees affected by reduced operating hours and substantial loss of income by at least 30%, consideration be given to a 30 to 50% rent write-off for 3 - 6 months and a 50% rent deferral for a further 3 months.
Subject to the criteria outlined above, it is recommended that the General Manager be given delegated authority to write off any Covid related property debts to the value of $456,417. Along with the balance left from the previous delegation there will be a total of $500,000 available to provide relief to affected businesses.
Property Leases / Licences
Council recently resolved to enter into a number of leases with the NSW Electoral Commission for various sites owned by Council in order to manage the Local Government elections including Pre polling in September 2021. The election has now been moved to 4 December 2021 which requires, at a minimum, amendments to the approved dates for occupation for the leases and may, in some circumstances also require the cancellation and commencement of alternate leases should venues need to change to accommodate the revised election date. It is recommended that the General Manager be authorised to amend, cancel or enter into new leases as required in keeping with the timeframes for the December local government election on terms consistent with the current leases.
Works Zones and Temporary Road Closures
Under Council’s adopted Schedule of Fees and Charges, a weekly fee is payable by developers for the establishment of Works Zones and Temporary Full and Part Road Closures.
Works Zones involve the approval and installation of statutory parking restrictions that prevent vehicles from parking on a public road immediately adjacent to a development site on private property unless those vehicles are directly related to construction activity.
Temporary Full and Part Road Closures are primarily approved in circumstances where site constraints make it necessary to fully close or partially close a road to enable subdivision road works to be undertaken. Signposted detours are put in place to minimise the impacts of such temporary road closures on traffic movements through an area.
At the time of writing this report the current locations for approved Works Zones and Temporary Full and Part Road Closures were as follows:
. Gay Street, Castle Hill (Works Zone) . Civic Way, Rouse Hill (Works Zone) . Caddies Boulevard, Rouse Hill (Works Zone) . Terry Road, Box Hill (Temporary Road Closure) . Red Gables Road, Gables (Temporary Road closure)
At the time of writing this report the current Public Health Order, all building and construction activity has been suspended for a period of two weeks until at least 31 July 2021. It is uncertain whether this suspension will be extended. Although these Works Zones and Temporary Full and Part Time Road Closures are still in operation during the suspension, the developers are unable to realise the benefits they provide to their construction activities.
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ORDINARY MEETING OF COUNCIL 10 AUGUST, 2021
A request has now been received from one of these developers that some form of fee relief is provided during the period of the construction activity suspension.
It is recommended that Council approve the extension of these existing approvals for a period equivalent to the final construction industry suspension resulting from the relevant Public Health Order, subject to no additional fees being payable.
Rates and Annual Charges
Under the Local Government Act 1993, Council is legally required to levy ratepayers and charge interest on amounts that remain unpaid after they become due and payable. The maximum interest rate payable for FY 20/21 was 0% July to December 20 & 7% for January to June 21 which was determined by the Minister and published in the NSW Government Gazette. This rate was set low for the first six months to provide assistance and then was set high for the remaining six months to encourage payments when they were due. The first quarterly instalment notice for FY 20/21 was levied by 17 July 2020 and was payable by 30 September 2020. These instalment notices were issued to all ratepayers on prior to this round of restrictions announced on 16 July 2021.
Overdue rates as at 30 June was slightly increased in FY 20/21, a total of $5.3m (4.68%) compared to $ 4.3m (3.83%) in FY 19/20. Instalment notices that were issued on 17 July are due by 30 September 2020 totalling $30.6m including arrears.
Council adopted a Policy last year not to charge interest for a period of 6 months for any ratepayer who was finding it difficult to pay and who entered into a payment plan. However Office of Local Government overturned that Policy by asking Council’s not to charge any interest up to 31 Dec 2020 when restrictions were imposed in March 2020. 48 ratepayers entered into a payment plan last year.
In FY 20/21 loss of interest income by not charging overdue interest was $67.5k. On an average in other years, Council has been earning $ 250k from overdue interest.
Council’s rates team has only had a few ratepayers’ enquiries in relation to payment difficulties and have eased the following up of any amounts outstanding following the escalation of this health crisis. Any rate payers requiring assistance are encouraged to take up a payment plan. As Council’s operations are largely unaffected and it has continued to provide services to the community during this period which is mainly funded by the Rates income, if Council was to provide rate relief by way of writing off overdue rates, it will have an impact on the adopted budget. Council’s budgeted rates income of $ 81.9m is made up of residential, business and farmland. 89% of this income is derived from residential, 11% from business and 0.3% from farmland. Total rates income represents 89% of Council’s total recurrent income which is used to fund the services provided to the community.
In recognition of the financial hardship that people may face due to this pandemic, the following options are proposed in relation to interest charges on outstanding balances:
1. Not charge interest on any outstanding rates for a period of 6 months to 31 December 2021 to all rate payers. This exclusion will result in not charging any interest on rates after the issue of the main levy. This may have an impact on Council’s adopted Budget and the cash flow however the financial impact may be similar to the last financial year.
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2. Not charge interest for a period of 6 months for anybody who is finding it difficult to pay and enters into a payment plan due to the pandemic.
It is recommended that Council adopt Option 2.
IMPACTS Financial At this early stage of the restrictions it is anticipated with the measures undertaken to date such as reducing casual staff, asking staff to take leave, and savings in various community outcomes project costs, adopted budget can be maintained. Any variations will be reported in future monthly budget reviews.
Strategic Plan - Hills Future Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community.
RECOMMENDATION 1. The report be received
2. Council provide a Child Care gap fee relief for the duration of lockdown and future lockdowns in this financial year, to individual families, on a case by case basis where families experience genuine financial hardship and cannot attend.
3. Council authorise the General Manager to write off interest charges for a period of 6 months on outstanding rates whereby the ratepayer has entered into a payment plan due to COVID-19 hardships in this financial year.
4. Council authorise the General Manager for the FY 21/22, the ability to negotiate and implement deferrals of rent payments or waiver of rent payments up to $ 500,000 for a period up to six months for small to medium-sized organisations who can demonstrate hardship linked to the COVID-19 pandemic effective from 1 July 2021.
5. Council approve the extension of the existing Works Zone and Temporary Full and Part Road Closures for a period equivalent to the final construction industry suspension resulting from the relevant Public Health Order, subject to no additional fees being payable by the applicants.
6. Council authorise the General Manager to amend, cancel or enter into new leases as required in keeping with the timeframes for the December local government election on terms consistent with the current leases to facilitate the local government December elections.
ATTACHMENTS Nil.
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ORDINARY MEETING OF COUNCIL 10 AUGUST, 2021
ITEM-4 ORANGE BLOSSOM FESTIVAL - ASSOCIATED EVENT PARTNERING
DOC INFO
THEME: Building a Vibrant Community & Prosperous Economy 1 A connected and inclusive community with access to a range OUTCOME: of services and facilities that contribute to health and wellbeing. STRATEGY: 1.3 Facilitate the provision of services across the community.
MEETING DATE: 10 AUGUST 2021 COUNCIL MEETING
GROUP: CUSTOMER, COMMUNITY SERVICES AND TECHNOLOGY
GROUP MANAGER – CUSTOMER SERVICES AUTHOR: JOHN DEAN
GENERAL MANAGER RESPONSIBLE OFFICER: MICHAEL EDGAR
REPORT The purpose of this report is to update Council on the program of associated events for the 2021 Orange Blossom Festival (OBF), to authorise the entering into agreements for OBF associated events and to authorise the Mayor and General Manager to make a final decision on the running of the OBF Event at the Showground.
This year’s event Lights, Beats and Eats OBF event was due to run on Saturday, August 28 2021 at the Castle Hill Showground. Due to the current Public Health Orders (PHO’s) dealing with the Covid -19 health pandemic, this event has been postponed to later in the year in the interests of public health. OBF is a Council initiated festival and apart from the main staged event, Council encourages a wide range of community led events and activities to be conducted under the OBF banner.
The festival's history is rich with stories of cultural change, local achievement, and diverse groups who showcase the best of The Hills. For over half a century it has taken a variety of forms including a garden competition, speaking competition, street parade, community fair, race day, art competition, princess competition, month-long festival, and fun run.
Like the main event, many of the community led events have been postponed. The organisers (The Rotary Club of The Hills-Kellyville Inc) of the garden competition have indicated they would like to continue, subject to COVID regulations, in early spring.
This festival provides our community with opportunities to engage in socialisation, entertainment and the establishment of social networks, which can contribute to a sense of pride and community involvement. While the PHO mean engagement is more important than ever, the evolving health pandemic is making it very difficult to plan with certainty.
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Over the years Council has been involved in either operating various events or by partnering with volunteer groups. Council has traditionally provided access to community venues for associated events at no cost as well as financial support for art prizes and the garden competition etc.
The festival started in 1959 as a ‘Footpath and Garden Competition’ and in 1961 changed its name to the ‘Footpath & Garden Competition and Orange Blossom Festival’. What began as a parade through the main street of Castle Hill culminating in a fair at Arthur Whitling Park grew into a month-long Shire-wide festival at its peak with many associated events.
For many years the garden competition was run by the Hills Garden Club, and then from 2005, the competition was run by The Rotary Club of Baulkham Hills for several years, before being managed by another service club for two years and then by The Hills Shire Council for several years.
The Rotary Club of The Hills-Kellyville has managed the event for the community since 2014 with $5,000 p.a. event support of The Hills Shire Council. This support has included the provision of meeting the cost of running the competition as well as costs associated with the Awards Presentation Night.
The application process for inclusion in the Orange Blossom Festival is via submission of an event proposal to supply details about the organisation and the activity, the link to the Organise Blossom Festival purpose and program, as well as a copy of the organisations tax status and Public Liability Insurance. Provided the event meets the criteria, the event is approved for inclusion.
The following organisations requested to be included as an associated event in the 2021 associated event program (dates to be confirmed).
2021 Associated Events Organisation Council Partnership Support Family Concert Sydney Hills Youth In-Kind Venue $2,100 support- Orchestra Pioneer Theatre Hills Schools Expo Dorsal Media No financial or in-kind support. Venue revenue is $5,510 Bonsai Show Bonsai Society of Australia In-Kind Venue $3,370 support - Harvey Lowe Annual Art Awards Castle Hill Art Society Art Prize $1,000 (Paid in FY19/20 from the donations Budget. Public Speaking Soroptimist Society of In-Kind Venue support - $180 Competition Australia Castle Glen Community Centre Cross Country Challenge The Rotary Club of Castle Line marking assistance $1,000 Hill (2021 Donation approved) plus $5,700 In-Kind venue support at Bella Vista Farm Garden Competition The Rotary Club of Hills- Awards night and judging Kellyville expenses $6,000 cash plus $500 In-Kind venue support - Harvey Lowe Art exhibition Baulkham Hills Art Society In-Kind Venue Support - $2,223 Dural Memorial Hall
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Kenthurst Fair Rotary Club of Kenthurst Already paid in FY 20/21 $500 cash towards the cost of their traffic management plan preparation Backstage Tours – Castle Hill Players No support required Pavilion Theatre Voices in Bloom Baulkham Hill Lions Community room 6 at Columbia Court – no fee
As per the adopted fees and charges events participating in Remembrance Day, ANZAC events, Hills Relay for Life, Orange Blossom Festival or Christmas in the Hills are exempt from bonds and venue hire at Council's sole discretion. This equates to $14,073.
While the Rotary Club of The Hills-Kellyville is happy to continue running the garden competition for the community, they have indicated some financial support from Council is needed.
The Garden Competition is run by the Rotary Club and they have indicated they will operate under normal rotary ethics in running the competition. Club Board members for 2021-2022 are: Thomas Cann, Ian Pascoe – Presidents, Wilf van Emmerik Secretary, Keith Stapley Treasurer, Jim Sifonios, John Collignon, Haran Ramachandran.
The committee has advised the budget to run the competition this year, based on their last year’s expenses is
Judges expenses $2,400 Awards Night $1,000 Plaques $2,650 Prizes $2,100 Printing, website etc $250 TOTAL $8,400
They are seeking a donation of $6,000 towards these expenses (Attachment 1). The balance is provided by Rotary by way of sponsorships and donations from local businesses. It is recommended that subject to providing the required information through bona fide documents that Council provide funding for this event.
Cancellation of Orange Blossom Festival
The 2021 budget for the Orange Blossom Festival event at the Castle Hill Showground is $275,000. The community event at the Showground has been planned for a capacity of 5000 in line with PHO’s. The current PHO’s mean this event is not possible hence the postponement from late August until late October. It is likely that significant easing of restrictions of the current PHO will be needed in order to keep the October date. If this does not happen and the situation with the pandemic continues it is nearing a “go” “no go” decision point given the planning and logistics associated with a major event. The event realistically cannot be postponed after October as it is encroaching on end of year festivities and will interfere with the planning for the Australia day event for 2022.
Given the uncertainty, it may be prudent to cancel the 2021 Orange Blossom Festival if it is unclear by 31 August 2021 that the event format is permitted for an event on 30 October 2021. To date, $20,727.27 has been spent on the design and initial production of the LED lighting display and work has been placed on hold with the remaining 50% capable of being
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cancelled. A total of $325 for traffic management has also been spent. Should the event be cancelled, a significant portion of the budget can be saved and used to offset other Covid-19 related impacts on Council’s adopted budget.
IMPACTS Financial OBF event Council’s adopted budget for the Council managed OBF main event (841.3014.0000) is $275,000. Council has expended funds to date of $21,052.27. Cancelling the event would represent a significant saving of $253,947.73 for Council.
Associated events Council’s adopted budget for Community Events (841.3030.0000) to support the associated OBF events is $40,000, has a balance of $37,241. If these events can take place subject to PHO, $ 6000 will be required for the Garden competition leaving a balance of $31,241 and Council will receive $5,510 from the Hills Schools Expo.
Strategic Plan - Hills Future Ensure a connected and inclusive community with access to a range of services and facilities that contribute to health and wellbeing.
RECOMMENDATION 1. Subject to the not-for-profit event organisers submitting required bona fide documentation to access venues and support outlined in the report, the General Manager be authorised to enter into agreements for the 2021 Orange Blossom Festival associated events.
2. The Mayor and General Manager be authorised to review the prevailing Public Health Orders by 31 August 2021 to determine if the Orange Blossom Festival will likely be permitted on 30 October 2021 based on the directions for outdoor public gatherings in recreation facilities (major).
ATTACHMENTS 1, Letter to The Mayor, The Hills Shire Council (1 page)
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ATTACHMENT 1
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ITEM-5 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS
THEME: Valuing our Surroundings 5 Well planned and liveable neighbourhoods that meets OUTCOME: growth targets and maintains amenity. 5.1 The Shire’s natural and built environment is well managed STRATEGY: through strategic land use and urban planning that reflects our values and aspirations.
MEETING DATE: 10 AUGUST 2021 COUNCIL MEETING
GROUP: DEVELOPMENT AND COMPLIANCE
SUBDIVISION TECHNICAL OFFICER AUTHOR: LEANNE PRACY
MANAGER – SUBDIVISION AND DEVELOPMENT RESPONSIBLE OFFICER: CERTIFICATION BEN HAWKINS
REPORT
The purpose of this report is to seek endorsement of the following property dealings relating to various development matters. The legal documents associated with these matters require execution under Council seal in order to be lodged with Land Registry Services in accordance with the requirements of the Real Property Act 1900.
1. The release of restriction on the use of land from the title of Lot 3435 DP 1256736, Red Gables Road, Gables. The restriction was created when the lot was created in a previous stage subdivision and prevents development of this residue lot until it is further subdivided. Development Consent 1583/2019/ZB has been approved over this site and is under construction currently, addressing the requirements of the restriction. So that the new lots created by Development Consent 1583/2019/ZB are not burdened by this restriction the applicant has sought to have it released concurrently with the finalisation of Development Consent 1583/2019/ZB. Council is listed as the authority with the rights to vary, release or modify the restriction.
2. The release of a positive covenant from the title of Lot 3020 DP 1217139, 7 Felling Street, Box Hill. The positive covenant requires that bins are presented to Felling Street for collection as opposed to Pridham Street because when the lot was first created Pridham Avenue along the western boundary did not exist as shown in Attachment 2. Since then Pridham Avenue has been constructed and dedicated as shown in Attachment 2 and the positive covenant is therefore no longer required. Development Consent 1142/2020/ZE has also been approved over the subject site for a small lot housing development and subdivision creating two residential lots/ dwellings once of which faces Pridham Avenue. Council is listed as the authority with the rights to vary, release or modify the positive covenant.
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3. The release of a temporary batter easement and right of access from the title of Lot A DP 367230, 66 Terry Road, Box Hill. The easements were created when the subdivision to the south was completed and relate to the northern edge of Byerley Street constructed partly within the subject site at the time. The subdivision of the subject site has since been approved pursuant to Development Consent 126/2019/ZB and those works are nearing completion. Development Consent 126/2019/ZB includes the completion and dedication of Byerley Street. In order for the rest of this road to be dedicated to the public as road without the burden of these existing temporary easements the applicant has sought to remove them. This release will occur via Part 1A of the Section 88B instrument associated with the final plan of subdivision for Development Consent 126/2019/ZB. Council is listed as the authority with the rights to vary, release or modify the easements.
Financial These matters have no direct financial impact upon Council’s adopted budget or forward estimates.
RECOMMENDATION 1. Council consent to the release of a restriction on the use of land from the title of Lot 3435 DP 1256736, Red Gables Road, Gables and the associated document be authorised for execution under seal.
2. Council consent to the release of a positive covenant from the title of Lot 3020 DP 1217139, 7 Felling Street, Box Hill and the associated document be authorised for execution under seal.
3. Council consent to the release of a temporary batter easement and right of access from the title of Lot A DP 367230, 66 Terry Road, Box Hill and the associated document be authorised for execution under seal.
ATTACHMENTS 1. Lot 3435 DP 1256736, Red Gables Road, Gables (2 pages) 2. Lot 3020 DP 1217139, 7 Felling Street, Box Hill (2 pages) 3. Lot A DP 367230, 66 Terry Road, Box Hill (3 pages)
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ATTACHMENT 1 – LOT 3435 DP 1256736, RED GABLES ROAD, GABLES
LOCALITY PLAN
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PLAN SHOWING DA 1583/2019/ZB APPROVED SUBDIVISION
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ATTACHMENT 2 – LOT 3020 DP 1217139, 7 FELLING STREET, BOX HILL
LOCALITY PLAN
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EXTRACT FROM DP 1217139 BEFORE PRIDHAM AVENUE WAS CONSTRUCTED/ DEDICATED
AREA HIGHLIGHTED FRONTS NOW CREATED FELLING STREET
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ATTACHMENT 3 – LOT A DP 367230, 66 TERRY ROAD, BOX HILL
LOCALITY PLAN
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PLAN SHOWING TEMPORARY EASEMENTS
HIGHLIGTED AREA SHOWS LOCATION OF EASEMENTS
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PLAN SHOWING DA 126/2019/ZB APPROVED SUBDIVISION
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