MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 July 2017

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 July 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

MAYORAL MINUTE NO. 8/2017 – TRANSITIONAL HOUSING WITHIN THE HILLS SHIRE COUNCIL

3

PETITIONS 4

COMMUNITY FORUM 4

ITEM-2 NOTICE OF MOTION - BALCOMBE HEIGHTS SKATE PARK

6

ITEM-3 POST EXHIBITION PLANNING PROPOSAL - SEPARATION OF LOCAL ENVIRONMENTAL PLAN 2012 FOR REVISED PARRAMATTA AND THE HILLS BOUNDARIES (1/2017/PLP)

7

ITEM-4 WILKINS AVENUE / MILLCROFT WAY BEAUMONT HILLS - TRAFFIC MANAGEMENT

9

ITEM-5 LOCAL TRAFFIC RECOMMENDATIONS JUNE 2017 8 ITEM-6 LEASE - UNIT 6, 3 GIBBON ROAD, WINSTON HILLS 8 ITEM-7 PECUNIARY INTEREST REPORT - JUNE 2017 8 ITEM-8 APPLICATIONS FOR DONATIONS UNDER SECTION

356 OF THE LOCAL GOVERNMENT ACT 8

ITEM-9 TENDER 17/34 - HILLS COMMUNITY CARE PROVISION OF FOOD SERVICES/MEALS ON WHEELS

8

QUESTIONS WITHOUT NOTICE 9

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 July 2017

322 PRESENT

Clr Y D Keane (Mayor, in the Chair) Clr R A Preston (Deputy Mayor) Clr Dr M R Byrne

Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr Dr J N Lowe Clr M G Thomas Clr R M Tracey

323 APOLOGIES Nil.

324 TIME OF COMMENCEMENT 7.16pm

325 TIME OF COMPLETION 9.10pm

326 DECLARATIONS OF INTEREST Item 8 Clr Tracey

327 ARRIVALS AND DEPARTURES

7.39pm Councillor Thomas left the meeting and returned at 7.44pm during Community Forum.

7.49pm Councillor Dr Gangemi left the meeting and returned at 7.50pm during Community Forum.

8.55pm Councillor Dr Gangemi retired from the meeting at the conclusion of Item 2.

8.56pm Councillor Dr Lowe left the meeting and returned at 9.00pm during Item 4.

8.56pm Councillor Hay OAM left the meeting and returned at 9.05pm during Item 4.

328 DISSENT FROM COUNCIL'S DECISIONS Nil.

329 ADJOURNMENT & RESUMPTION Nil.

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ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 27 June 2017 be confirmed.

THE MOTION WAS PUT AND CARRIED.

330 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 27 June 2017 be confirmed.

MAYORAL MINUTE NO 8/2017 – TRANSITIONAL HOUSING WITHIN THE HILLS SHIRE COUNCIL

A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR DR GANGEMI THAT

1. This Mayoral Minute be received.

2. The General Manager commence investigations into potential mechanisms to encourage and incentivise the provision of transitional housing as part of new residential developments within The Hills Shire.

3. The outcomes of the review be reported to Council.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

331 RESOLUTION

1. This Mayoral Minute be received.

2. The General Manager commence investigations into potential mechanisms to encourage and incentivise the provision of transitional housing as part of new residential developments within The Hills Shire.

3. The outcomes of the review be reported to Council.

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

VOTING FOR THE MOTION Clr Y D Keane

Clr R A Preston Clr R K Harty OAM Clr A J Hay OAM Clr Dr J N Lowe Clr R M Tracey Clr Dr M R Byrne Clr Dr P J Gangemi Clr M G Thomas Clr A N Haselden

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 July 2017

VOTING AGAINST THE MOTION None

PETITIONS

332 BUS LAYOVER OUTSIDE CASTLE HILL HIGH SCHOOL

Councillor Dr Lowe tabled Petitions from Ensign Place, Castle Hill First Grammar Daycare Centre, Castle Hill Bowling Club, an online petition and a letter from the P&C regarding the proposed construction of a bus layover outside Castle Hill High School and immediately adjacent to the RSL and the Bowling Club.

7.39pm Councillor Thomas left the meeting and returned at 7.44pm during Community Forum.

7.49pm Councillor Dr Gangemi left the meeting and returned at 7.50pm during Community Forum.

COMMUNITY FORUM

333 PATHWAY CONCERN – KELLYVILLE TO GLENHAVEN

Mr Russell Cooper wanted to discuss the proposed pathway section between Cameo Place and Bellymena Way, Kellyville where it comes adjacent to Woodstream Crescent.

Mr Cooper was notified of Council’s intention to install a pathway through very rough terrain and dense bushland right around the border of his property. A meeting was held with Council’s representative and neighbours to discuss some alternative routes.

Notification was received from Council that the recommendation had been altered to move the path to a more suitable location. Mr Cooper further heard that the recommendation had been amended again for the pathway to basically pass right by his bedroom window through an area of very steep terrain which would require multiple bridges and clearing of a lot of bushland. Residents were not happy with the recommendation. Mr Cooper applauds Council’s intention to provide safe and consistent bush access through that area. The local residents use the pathways through the bush regularly and it’s a great asset to our community as a whole. Mr Cooper advised there were other options which would provide excellent public access, minimise destruction of the bushland, minimise local impact on residents and minimise cost to Council.

Residents of Woodstream Crescent currently access the existing pathways via Cameo Place and they are more than happy to do so. Furthermore, if the pathway was joined around to Bellymena Way which is proposed, there would be two access options within a couple of 100 meters of his property and Mr Cooper would be happy to access via cameo Place which would be easier and safer. There are no current footpaths in Woodstream Crescent, so to encourage residents to access bush pathway from there would place the public in greater risk of walking down the street without any foot paths. There are existing pedestrian pathways through the bush to the southern and eastern side of Cattai Creek which has a much gentler slope, less dense bushland and therefore would be much easier and cheaper to construct a pathway on that side. The existing pathways there are much further from the residents on the eastern side.

For all these reasons, Mr Cooper believes it would be a much better solution to renovate

that pathway and upgrade it so that it can use be used as an access through the

bushland rather than construct a new pathway on the very narrow strip of dense and

rugged ground between Cattai Creek and Woodstream Crescent. Mr Cooper suggested

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linking an existing pathway in Connelly Way through to where the existing pedestrian paths are on the eastern side of Cattai Creek would produce the best alternative and overall results for the community and immediate local residents and the best outcome for the environment.

Would Council consider an alternative route for the proposed pathway which would take it around the southern and eastern side of Cattai Creek rather than between Cattai Creek and Woodstream Crescent?

The Acting General Manager advised that Council is considering a number of options, and this includes the option put by Mr Cooper. Mr Cooper will be provided a response in due course.

334 BUS LAYOVER – CASTLE HILL

Ms Vicki Brewer of Glenhaven and Principal of Castle Hill High School together with President and Vice President of Castle Hill High School P&C, Members of the RSL and Bowling Club advised that Transport for NSW is proposing to put 10 buses in Castle Street for a bus layover for at least 3 years. Transport NSW has determined that the Castle Street layover is their best option. Council may not be aware but Castle Street is a very narrow corridor from which they are proposing to park buses. Transport NSW wants to place these buses from where the Scout Hall is through the corridor across from the RSL and Bowling Club and across the road from Castle Hill High School. On any one day seven buses will be in that narrow corridor just to deliver students and to retrieve students. To add 10 buses in that corridor will increase the number to 17 at any one stage. Ms Brewer is not prepared to put up with a significant safety issue. At 3.10pm, the most prominent exit time for the premises, there are 1,630 students, 104 teachers and 20 administrative staff leaving the school. The School, Transport NSW and P&C personnel stood outside the school at 3.15pm and it was impossible to see the children in certain areas. With 10 additional buses it is not going to be possible to monitor the safety of the children and Ms Brewer requested the Councillors to support the Castle Hill School, Castle Hill RSL , Castle Hill Bowling Club and residents that live around that precinct in rejecting Transport for NSW proposal for a bus layover in Castle Street, Castle Hill

Ingrid Waites, President of the P&C of Castle Hill High School, confirmed they had originally started the petition. Ms Waites advised they had forwarded a letter to Andrew Constance MP, the NSW Minister for Transport and Infrastructure, Ray Williams and another member of the Transport for NSW and were currently waiting to hear back. Ms Waites noted safety is obviously the main issue but the P&C are also extremely concerned about the added traffic congestion and the removal of parking spots. The High School is currently at 1,600 students and is expected to grow in the future. The driver facility, meal room and toilets are intended to be placed on the school oval which is wholly inappropriate. The current proposal is for 10 buses for 3 years, but there is concern that as there is no permanent site earmarked that this initial 3 years could stretch on. The P&C do not want this consideration put forth and their petition is that Castle Street is removed from consideration for the bus layover and they request the support of Council to reject the proposal.

David O’Neill, CEO of Castle Hill RSL Club Group, endorsed all previous comments but added that not only was there concern for the safety and security of school students, they were also concerned about the safety and security of the patrons of the RSL club, including the patrons and children who utilise the RSL club through the sports complexes, learn to swim centre, gymnastic centres and the community facilities

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If large buses are parked outside the driveways it impedes vision considerably. Mr O’Neill advised they had also written to Ray Williams MP and NSW Transport and copied in the Mayor and members of the Council. Mr O’Neill requested Council not support this proposal if and when it does come to Council.

Ken Sherwood, Chairman of the Board of Castle Hill Bowling Club, advised that while the club has a lot of bowlers at their premises 6 days a week, they also have a community hall that is frequently used for community events and functions. The Bowling Club caters for Senior Probus Group meetings, Gymbaroo which is play gymnasium for toddlers and babies and jazzercise and acknowledged a lot of the community members are senior citizens with restricted licences. Access to the Bowling Club is right at the end of the cul-de-sac and all patrons are very conscious of buses and school children. Mr Sherwood asked that Council support the rejection of this proposal should it come to Council.

8.55pm Councillor Dr Gangemi retired from the meeting at the conclusion of Item 2.

ITEM-2 NOTICE OF MOTION - BALCOMBE HEIGHTS SKATE PARK

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR HARTY OAM THAT

Council allocate $360,000 from the Capital Works Reserve, to fund the design and construction for the renewal of the Balcombe Heights skate park for the 2017/18 Financial year conditional on a full report being brought before the next Ordinary Meeting of Council by the Acting General Manager scheduled for 25 July 2017.

335 RESOLUTION

Council allocate $360,000 from the Capital Works Reserve, to fund the design and construction for the renewal of the Balcombe Heights skate park for the 2017/18 Financial year conditional on a full report being brought before the next Ordinary Meeting of Council by the Acting General Manager scheduled for 25 July 2017.

Councillor Harty OAM rose for a Division. The result of the Division was follows:- VOTING FOR THE MOTION

Clr Y D Keane Clr R A Preston Clr R K Harty OAM Clr A J Hay OAM Clr Dr J N Lowe Clr R M Tracey Clr Dr M R Byrne Clr Dr P J Gangemi Clr M G Thomas Clr A N Haselden

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VOTING AGAINST THE MOTION None

ITEM-3 POST EXHIBITION PLANNING PROPOSAL -

SEPARATION OF LOCAL ENVIRONMENTAL PLAN 2012 FOR REVISED PARRAMATTA AND THE HILLS BOUNDARIES (1/2017/PLP)

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

336 RESOLUTION

Once support is received from the City of Parramatta Council, the planning proposal to split LEP 2012 into two local environmental plans to reflect the change in local government area boundaries, be progressed to finalisation (Attachments 1 and 2 - ECM Nos.15943492 and 15943494).

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

VOTING FOR THE MOTION Clr Y D Keane

Clr R A Preston Clr R K Harty OAM Clr R M Tracey Clr Dr M R Byrne Clr M G Thomas Clr A N Haselden

VOTING AGAINST THE MOTION None

ABSENT FROM THE ROOM Clr A J Hay OAM

Clr Dr J N Lowe Clr Dr P J Gangemi CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HARTY OAM THAT Items 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained in the reports be adopted.

337 RESOLUTION

Items 5, 6, 7, 8 and 9 be moved by exception and the recommendations contained in the reports be adopted.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 11 July 2017

ITEM-5 LOCAL TRAFFIC RECOMMENDATIONS JUNE 2017

338 RESOLUTION

Council adopt the recommendations of the Local Traffic Committee for June 2017 as detailed in the report.

ITEM-6 LEASE - UNIT 6, 3 GIBBON ROAD, WINSTON HILLS

339 RESOLUTION

Council agree to a ‘Variation of Lease’ for the lease of Unit 6, 3 Gibbon Road, Winston Hills on the terms and conditions detailed in this report with the lease authorised for execution under seal.

ITEM-7 PECUNIARY INTEREST REPORT - JUNE 2017 340 RESOLUTION

Council note the tabling of the Returns.

Councillor Tracey having previously declared a non-pecuniary and less than significant conflict of interest remained in the room.

ITEM-8 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT

341 RESOLUTION

The requests listed in Attachment 1: Summary Table for Approval (ECM No. 162403750) be approved.

ITEM-9 TENDER 17/34 - HILLS COMMUNITY CARE

PROVISION OF FOOD SERVICES/MEALS ON WHEELS 342 RESOLUTION

1. Council accept the tender from My Chef as per the schedule of rates in attachment 1 (ECM No. 15978073) distributed under separate cover for a period of three (3) years commencing 17 July 2017, with an option exercisable by the General Manager to extend for a further two (2) years, subject to satisfactory annual performance reviews.

2. Council accept the tender from Fairfield Foods as per the schedule of rates in

attachment 2 (ECM No. 15978074) distributed under separate cover for a period

of three (3) years commencing 17 July 2017, with an option exercisable by the

General Manager to extend for a further two (2) years, subject to satisfactory

annual performance reviews.

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8.56pm Councillor Dr Lowe left the meeting and returned at 9.00pm during Item 4.

8.56pm Councillor Hay OAM left the meeting and returned at 9.05pm during Item 4.

ITEM-4 WILKINS AVENUE / MILLCROFT WAY BEAUMONT HILLS - TRAFFIC MANAGEMENT

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR DR BYRNE THAT the Recommendation contained in the report be adopted.

343 RESOLUTION

1. A temporary roundabout is to be installed at the intersection of Millcroft Way and Wilkins Ave (west).

2. The roundabout be removed once a more permanent access arrangement is available into the eastern residential sub-precinct.

3. The General Manager prepare a concept design for a road connection between Phoenix Avenue and Samantha Riley Drive and undertake initial consultation with the adjacent property owners before reporting back to Council.

QUESTIONS WITHOUT NOTICE 344 NAIDOC WEEK

Councillor Hay OAM requested a memo detailing all of the NAIDOC week activities supported by the Hills Shire Council and the funding offered an/or costs shared or incurred by Council.

345 STREET LIGHTING AT NEW ROUNDABOUT ORATAVA AND AIKENS ROAD, WEST PENNANT HILLS

Councillor Tracey on behalf of a resident Mr Ross Manton, raised safety concerns with respect to the lack of lighting at night at the new roundabout at Aikens Road and Oratava Avenue, West Pennant Hills.

Councillor Tracey understands that Origin Energy has been contacted by Council to have the lighting improved which can take up to 12 months. When upgrading roads such as this, does Council at the same time engage Origin Energy to ensure that lighting is also upgraded at or around the same time? Is there any way this can be improved sooner?

The Acting General Manager advised he would take the matter on notice.

346 DOG PARK LIGHTING – BALCOMBE HEIGHTS, BAULKHAM HILLS

Councillor Dr Lowe asked if Council could install LED/Solar lighting in the dog park area at Balcombe Heights, Baulkham Hills

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347 KENTHURST ROTARY CLUB CHANGEOVER

Councillor Preston advised that Mr Paul Rapp was elected President again after the Annual General Meeting held on the weekend. Councillor Preston also mentioned that the Glenorie District Cricket Club had their Annual Presentations which she was privileged to attend on the weekend.

348 LIVVI’S PLAYGROUND, BERNIE MULLANE RESERVE, KELLYVILLE

Councillor Dr Byrne asked if the Councillors will receive a report on Stage 2 of Livvi’s playground, as Stage 2 is the building of the toilets. It would be pointless to start building a regional playground without having the toilets there.

The Acting General Manager advised that Stage 1 is funded and is scheduled for ground breaking in a couple of weeks’ time. Stage 2 involves more equipment, family gathering facilities in the form of shelters and picnic facilities, but importantly the water play area and the toilet facilities. These are not funded yet but are in the Masterplan. It is open to Council at any point but it is not in next year’s plan.

The Mayor added that Council is currently looking at a temporary solution in the meantime.

349 OPENING OF NORTH KELLYVILLE SQUARE, KELLYVILLE

The Mayor was privileged to open the North Kellyville Square, Kellyville today. The Mayor also mentioned that tomorrow is the 50^th Anniversary of the Hills Historical Society and a Mayoral Minute will be prepared for the next Council Meeting regarding the works carried out by The Hills Historical Society.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 25 July 2017.

MAYOR GENERAL MANAGER