ITEM-1 CONFIRMATION OF MINUTES A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BLUE THAT the Minutes of the Extraordinary Meeting of Council held on 5 April 2022 be confirmed

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 10 May 2022

ITEM SUBJECT PAGE

ITEM 1 CONFIRMATION OF MINUTES

- Extraordinary Meeting of Council - 5 April 2022 - Ordinary Meeting of Council – 26 April 2022 - Extraordinary meeting of council – 28 April 2022

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MAYORAL MINUTE NO. 7/2022 - HILLS RELAY FOR LIFE BALL 4 MAYORAL MINUTE NO 8/2022 – 30^TH ANNIVERSARY OF THE SYDNEY

HILLS BUSINESS CHAMBER ⁴

ITEM 2 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.11 - ANNANGROVE ROAD EMPLOYMENT AREA - OBLIGATIONS OF PRIVATE CERTIFIERS (FP54 & FP53)

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ITEM 3 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.15 - BOX HILL PRECINCTS - OBLIGATIONS OF PRIVATE CERTIFIERS (FP216 & FP53)

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ITEM 4 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.16 - BOX HILL NORTH - OBLIGATIONS OF PRIVATE CERTIFIERS (FP218 & FP53)

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ITEM 5 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.17 - CASTLE HILL NORTH - OBLIGATIONS OF PRIVATE CERTIFIERS (FP251 & FP53)

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ITEM 6 AUSTRALIAN GOVERNMENT LOCAL ROADS AND COMMUNITY

INFRASTRUCTURE (LRCI) PHASE 3 PROGRAM 8

ITEM 7 POST EXHIBITION REPORT - CODE OF MEETING PRACTICE 9 ITEM 8 POST EXHIBITION REPORT - ADOPTION OF POLICY FOR THE

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS

8

ITEM 9 PECUNIARY INTEREST REPORT – APRIL 2022 8

ITEM 10 COMMUNITY GRANTS PROGRAM 2021/2022 9

ITEM 11 PROPOSED EXCISE OF LAND FROM STRINGER ROAD SPORTS COMPLEX RESERVE NO. 251 FOR FUTURE ROAD WIDENING – LOT 12 DP 843578

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ITEM 12 LEASE VARIATION AND CHANGE IN CONTROL - LEASE TO FULLERTON HEALTH MEDICAL CENTRES SHOP 1, 269 OLD NORTHERN ROAD, CASTLE HILL

9

QUESTIONS WITHOUT NOTICE 10

CLOSED COUNCIL 10

ITEM 13 CONFIDENTIAL TENDER FOR BUILDING WORKS 11

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196 PRESENT

Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr F De Masi

Clr V Ellis Clr R Boneham Clr M Blue Clr J Brazier Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM

197 APOLOGIES Clr R Tracey

198 TIME OF COMMENCEMENT 7.03 pm

199 TIME OF COMPLETION 7.47 pm

200 DECLARATIONS OF INTEREST Item 3 - Mayor Dr Gangemi

Item 10 - Councillors Blue, De Masi and Jethi Item 13 - Councillor Hodges

201 ARRIVALS AND DEPARTURES

7.28pm The Mayor having previously declared a non-pecuniary, significant conflict of interest left the meeting for Item 3 and Deputy Mayor Councillor Hodges assumed the Chair.

7.31pm The Mayor returned to the meeting at the start of Item 4 and resumed the Chair.

7.37pm Councillor De Masi having previously declared a pecuniary conflict of interest left the meeting for Item 10 and returned at 7.39pm at the start of Questions Without Notice.

7.37pm Councillor Jethi having previously declared a non-pecuniary, less than significant conflict of interest left the meeting for Item 10 and returned at 7.39pm at the start of Questions Without Notice.

202 DISSENT FROM COUNCIL'S DECISIONS Nil.

203 ADJOURNMENT & RESUMPTION Nil.

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The Mayor advised in accordance with the Code of Meeting Practice that this meeting is being recorded.

ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BLUE THAT the Minutes of the Extraordinary Meeting of Council held on 5 April 2022 be confirmed.

THE MOTION WAS PUT AND CARRIED.

204 RESOLUTION

The Minutes of the Extraordinary Meeting of Council held on 5 April 2022 be confirmed.

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BONEHAM THAT the Minutes of the Ordinary Meeting of Council held on 26 April 2022 be confirmed.

205 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 26 April 2022 be confirmed.

A MOTION WAS MOVED BY COUNCILLOR BONEHAM AND SECONDED BY COUNCILLOR JETHI THAT the Minutes of the Extraordinary Meeting of Council held on 28 April 2022 be confirmed.

206 RESOLUTION

The Minutes of the Extraordinary Meeting of Council held on 28 April 2022 be confirmed.

APOLOGIES AND LEAVE OF ABSENCE

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR JETHI THAT the apology from Councillor Tracey be accepted and leave of absence granted.

(Councillor Tracey has requested leave of absence commencing 12 April and concluding 28 June 2022)

207 RESOLUTION

The apology from Councillor Tracey be accepted and leave of absence granted.

(Councillor Tracey is on leave commencing 12 April and concluding 28 June 2022)

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MAYORAL MINUTE NO. 7/2022 - HILLS RELAY FOR LIFE BALL

A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HAY OAM THAT

1. This Mayoral Minute be received.

2. The General Manager be delegated to purchase a table of 10 seats at a cost of

$1,450.

An amendment to the recommendation of the Mayoral Minute was put forward by the seconder, Councillor Hay OAM, which was accepted by the Mayor.

THE AMENDMENT WAS PUT AND CARRIED AND BECAME THE MOTION.

2. The General Manager be delegated to purchase up to a maximum of two tables of 10 seats each to be allocated as per the Facilities Policy.

208 RESOLUTION

2. The General Manager be delegated to purchase up to a maximum of two tables of 10 seats each to be allocated as per the Facilities Policy.

MAYORAL MINUTE NO. 8/2022 – MAYORAL MINUTE NO 8/2022 – 30^TH ANNIVERSARY OF THE SYDNEY HILLS BUSINESS CHAMBER

A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HODGES THAT this Mayoral Minute be received.

209 RESOLUTION

This Mayoral Minute be received.

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

ITEM 2 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.11 - ANNANGROVE ROAD EMPLOYMENT AREA - OBLIGATIONS OF PRIVATE CERTIFIERS (FP54 & FP53)

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.

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THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

210 RESOLUTION

Draft amendments to Contributions Plan No.11 – Annangrove Road Employment Area (Attachment 1), including minor post-exhibition amendments, be adopted and come into force when public notice is given on Council’s website in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION

Mayor Dr P Gangemi Clr M Hodges

Clr M Blue Clr F De Masi Clr V Ellis Clr J Brazier Clr R Boneham Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM

VOTING AGAINST THE MOTION None

MEETING ABSENT Clr R Tracey

7.28pm The Mayor having previously declared a non-pecuniary, significant conflict of interest left the meeting for Item 3 and Deputy Mayor Councillor Hodges assumed the Chair.

ITEM 3 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.15 - BOX HILL PRECINCTS - OBLIGATIONS OF PRIVATE CERTIFIERS (FP216 & FP53)

A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.

211 RESOLUTION

Draft amendments to Contributions Plan No.15 – Box Hill Precinct (Attachment 1), including minor post-exhibition amendments, be adopted and come into force when public notice is given on Council’s website in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021.

Being a planning matter, the Deputy Mayor called for a division to record the votes on this matter

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VOTING FOR THE MOTION Clr M Hodges

Clr M Blue Clr F De Masi Clr V Ellis Clr J Brazier Clr R Boneham Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM

ABSENT FROM THE ROOM Mayor Dr P Gangemi

7.31pm The Mayor returned to the meeting at the start of Item 4 and resumed the Chair.

ITEM 4 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.16 - BOX HILL NORTH - OBLIGATIONS OF PRIVATE CERTIFIERS (FP218 & FP53)

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.

212 RESOLUTION

Draft amendments to Contributions Plan No.16 – Box Hill North (Attachment 1), including minor post-exhibition amendments, be adopted and come into force when public notice is given on Council’s website in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021.

VOTING FOR THE MOTION Mayor Dr P Gangemi

Clr M Hodges Clr M Blue Clr F De Masi Clr V Ellis Clr J Brazier Clr R Boneham

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Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM

ITEM 5 POST EXHIBITION - ADMINISTRATIVE AMENDMENTS TO CONTRIBUTIONS PLAN NO.17 - CASTLE HILL NORTH - OBLIGATIONS OF PRIVATE CERTIFIERS (FP251 & FP53)

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR HAY OAM THAT the Recommendation contained in the report be adopted.

213 RESOLUTION

Draft amendments to Contributions Plan No.17 – Castle Hill North (Attachment 1), including minor post-exhibition amendments, be adopted and come into force when public notice is given on Council’s website in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021.

VOTING FOR THE MOTION Mayor Dr P Gangemi

Clr M Hodges Clr M Blue Clr F De Masi Clr V Ellis Clr J Brazier Clr R Boneham Clr J Cox Clr R Jethi Clr Dr M Kasby Clr Dr B Burton Clr A Hay OAM

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CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BONEHAM THAT items 6, 8, 9, 11 and 12 be moved by exception and the recommendations contained therein be adopted.

214 RESOLUTION

Items 6, 8, 9, 11 and 12 be moved by exception and the recommendations contained therein be adopted.

ITEM 6 AUSTRALIAN GOVERNMENT LOCAL ROADS AND COMMUNITY INFRASTRUCTURE (LRCI) PHASE 3 PROGRAM

215 RESOLUTION

1. Council approve the replacement of the Kellyville Park amenities building and community facilities project to be part-funded from the LRCI Phase 3 program in the amount of

$1,560,000, with the following road rehabilitation projects:

2. Funds totalling $1,560,000 that are proposed to be allocated from Council Reserves toward the above projects in the Draft 2022/23 Works program instead be reallocated to the Kellyville Park amenities building and community facilities project (Project Number 210110).

ITEM 8 POST EXHIBITION REPORT - ADOPTION OF POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS

216 RESOLUTION

The updated draft Policy for the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be adopted with the change suggested and shown in the attachment.

ITEM 9 PECUNIARY INTEREST REPORT – APRIL 2022 217 RESOLUTION

Council note the tabling of the returns.

ITEM 11 PROPOSED EXCISE OF LAND FROM STRINGER ROAD SPORTS COMPLEX RESERVE NO. 251 FOR FUTURE ROAD WIDENING – LOT 12 DP 843578

218 RESOLUTION

1. Council approve the excise of 514m² (subject to final survey) of land from Lot 12 DP 843578 (Stringer Road Sports Complex Reserve, 104Z Barry Road, North Kellyville) for road widening purposes.

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2. Council grant owner’s consent for the lodgement of a Subdivision Certificate Application with the Plan of Subdivision, 88B Instrument and all other required documents for registration at NSW Land registry Services authorised for execution under Seal.

3. Upon registration of the subdivision, the subject land is dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 in the NSW Government Gazette.

ITEM 12 LEASE VARIATION AND CHANGE IN CONTROL - LEASE TO FULLERTON HEALTH MEDICAL CENTRES SHOP 1, 269 OLD NORTHERN ROAD, CASTLE HILL

219 RESOLUTION

1. Council consent to the change in control to Partnered Health Medical Centres Pty Ltd and authorise for execution under seal

2. Council authorise the execution of the Lease variation under seal.

ITEM 7 POST EXHIBITION REPORT - CODE OF MEETING PRACTICE

A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR HODGES THAT the Recommendation contained in the report be adopted.

220 RESOLUTION

The advertised draft Code of Meeting Practice be adopted and apply from the next Council meeting.

7.37pm Councillor Blue having previously declared a non-pecuniary, less than significant conflict of interest remained in the room.

7.37pm Councillor De Masi having previously declared a pecuniary conflict of interest left the meeting for Item 10 and returned at 7.39pm at the start of Questions Without Notice.

7.37pm Councillor Jethi having previously declared a non-pecuniary, less than significant conflict of interest left the meeting for Item 10 and returned at 7.39pm at the start of Questions Without Notice.

ITEM 10 COMMUNITY GRANTS PROGRAM 2021/2022

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR ELLIS THAT the Recommendation contained in the report be adopted.

221 RESOLUTION

1. The General Manager be authorised to enter into funding agreements for financial assistance for the non-for-profit organisations detailed in Attachment 1 (ECM_20050768).

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2. A second opportunity be provided to the eighteen applicants that did not proceed to assessment panel to re-submit their original application with the missing documentation.

QUESTIONS WITHOUT NOTICE 222 CERTIFICATION

Councillor Boneham asked if Council could approach the State Government so that private certifiers can certify buildings to a certain height and Councils have responsibilities for anything higher. This will help so certifiers are less likely to run into big defects in their buildings.

The General Manager advised he would take the matter on notice and advised that Council has been consistent with opposing private certification all along. Council can make representations to the State Government but there is a system of accreditation that is supposed to sort that out. It is highly unlikely that there would be change along those lines.

223 HAWKESBURY RIVER FLOOD RECOVERY

Councillor Blue asked if the General Manager could please provide Council with an update on the Hawkesbury River Flood recovery, particularly regarding Council’s involvement.

The General Manager advised that most of the urban road network and a lot of our rural road network is now running normally and certainly the maintenance load which has been quite significant particularly around potholes and road closures. There are some roads in the rural area that have experienced some significant areas of damage and there are significant concerns for a few of them. My understanding is that Council has engaged and will continue to engage contractors to give the best possible engineering advice as to what can be done as an interim but ultimately, I would imagine that there would be a more permanent solutions required for some of these locations. Council still does not have the advice yet.

In terms of Council’s parks, they are pretty much completed with the exceptions of possibly Wisemans Ferry.

The Group Manager Infrastructure and Works further advised that Council will be finalising the work at Wisemans Ferry Park in the next coming weeks. All that’s remains to do is turfing It was well patronised on Mother’s Day. We are seeking technical advice some of the large claims. The recovery effort is passed the emergency response phase so all the essential infrastructure is back in service and all the roads are open with one exception.

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR HODGES THAT

1. The press and public be excluded from the proceedings of Closed Council in respect of Item 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the following table.

2. Council withhold access to Item 13 in accordance with the following table and Section 11(2) of the Local Government Act.

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ITEM NO.: 13

SUBJECT: CONFIDENTIAL TENDER FOR BUILDING WORKS Associated Report: N/A

Reason for Confidentiality: Information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

Section: 10A(2)(c)

Public Interest On balance, the public interest in preserving the confidentiality about the financial negotiations and valuation details, contained within the report outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put the Council at a competitive disadvantage preventing it from achieving a “best value for money” outcome for the wider community

THE MOTION WAS PUT AND CARRIED 224 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect of Item 13 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the following table.

2. Council withhold access to Item 13 in accordance with the following table and Section 11(2) of the Local Government Act.

7.44pm Council entered into Closed Session.

7.44pm Councillor Hodges having previously declared a non-pecuniary, less than significant conflict of interest remained in the room.

ITEM 13 CONFIDENTIAL TENDER FOR BUILDING WORKS

A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.

225 RESOLUTION

1. Council approve a budget variation for the amount set out in the Financial Impact Section of this report to be funded from Buildings Reserve.

2. Council accept the tender offer of the Preferred Tenderer for Tender T22-1060 for the price and contingency set out in the confidential Tender Evaluation Report provided as Attachment 1 to this report with authority delegated to the General Manager to execute all necessary documentation.

OPEN COUNCIL

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A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BLUE THAT the meeting resume in Open Council.

226 RESOLUTION

The meeting resume in Open Council

At 7.46pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council one (1) resolution was passed. The General Manager read out the resolution for Item 13.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 24 May 2022.

MAYOR GENERAL MANAGER