247 RESOLUTION The Minutes of the Ordinary Meeting of Council held on 12 May 2020 be confirmed

(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 26 May 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 FURTHER REPORT - POST EXHIBITION - SMALL LOT HOUSING PLANNING PROPOSAL AND DCP AMENDMENTS (13/2018/PLP)

4

ITEM-3 REVIEW OF CONTRIBUTIONS FRAMEWORK (FP53) 5 ITEM-4 COOK STREET, BAULKHAM HILLS - PROPOSED

CONSTRUCTION OF PEDESTRIAN REFUGE ISLAND

3

ITEM-5 LTC RECOMMENDATION APRIL 2020 - CHARLES STREET AND EDGAR STREET, BAULKHAM HILLS - PROPOSED MEDIAN ISLAND STOP TREAMENT

4

ITEM-6 BUDGET REVIEW AS AT 30 APRIL 2020 7

ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

6

ITEM-8 PROPOSED LAND ACQUISITION - 115 ARNOLD AVENUE, KELLYVILLE

7

ITEM-9 INFORMATION AND STATUS REPORTS 8

QUESTIONS WITHOUT NOTICE 8

(2)

239 PRESENT

Mayor Dr M R Byrne (In the Chair) Clr R Jethi (Deputy Mayor)

Clr R A Preston MP 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 S P Uno

240 APOLOGIES Clr R M Tracey

241 TIME OF COMMENCEMENT 7.03pm

242 TIME OF COMPLETION 9.25pm

243 DECLARATIONS OF INTEREST Item 3 Councillor Preston MP

244 ARRIVALS AND DEPARTURES

7.08pm Councillor Dr Gangemi arrived at the meeting during Item 4.

8.24pm Councillor Preston MP having previously declared a non-pecuniary, less significant conflict of interest left the meeting for Item 3 and returned at 8.34pm at the start of Call of the Agenda.

8.38pm Councillor Thomas left the meeting and returned at 8.40pm during Item 6.

9.20pm Councillor Jethi retired from the meeting during Questions Without Notice.

245 DISSENT FROM COUNCIL'S DECISIONS Nil.

246 ADJOURNMENT & RESUMPTION Nil.

(3)

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 DE MASI AND SECONDED BY COUNCILLOR JETHI THAT the Minutes of the Ordinary Meeting of Council held on 12 May 2020 be confirmed.

THE MOTION WAS PUT AND CARRIED.

247 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 12 May 2020 be confirmed.

APOLOGIES

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

248 RESOLUTION

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

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

7.08pm Councillor Dr Gangemi arrived at the meeting during Item 4.

ITEM-4 COOK STREET, BAULKHAM HILLS - PROPOSED CONSTRUCTION OF PEDESTRIAN REFUGE ISLAND Proceedings in Brief

Olivier Friscan of Baulkham Hills (Objector) addressed Council through the General Manager regarding this matter.

Kirrilly Lee of Baulkham Hills (In Favour) addressed Council through the General Manager regarding this matter.

Miriam Lewis of Baulkham Hills (In Favour) addressed Council through the General Manager regarding this matter.

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

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

(4)

249 RESOLUTION

Subject to the endorsement of the Local Traffic Committee, Council approve:

a) the construction of the pedestrian refuge island on Cook Street, Baulkham Hills near Carrabai Place;

b) the relocation of the Bus Stop on the western side of Cook Street, Baulkham Hills approximately 50 metres south to accommodate the proposed pedestrian refuge island.

ITEM-5 LTC RECOMMENDATION APRIL 2020 - CHARLES STREET AND EDGAR STREET, BAULKHAM HILLS - PROPOSED MEDIAN ISLAND STOP TREAMENT

Proceedings in Brief

Terry Oliver (Objector), Church Council Secretary for St. Matthew’s Uniting Church Baulkham Hills addressed Council through the General Manager regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HASELDEN THAT the report be deferred for consideration at a Councillor Workshop and also to include a comprehensive discussion on black spot funding priorities.

250 RESOLUTION

The report be deferred for consideration at a Councillor Workshop and also to include a comprehensive discussion on black spot funding priorities.

ITEM-2 FURTHER REPORT - POST EXHIBITION - SMALL LOT HOUSING PLANNING PROPOSAL AND DCP AMENDMENTS (13/2018/PLP)

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

251 RESOLUTION

1. The planning proposal to amend Clause 4.1B of The Hills LEP 2019, incorporating post- exhibition amendments (contained within Section 4(a) of Attachment 1) be forwarded to the Department of Planning, Industry and Environment for finalisation, noting that Council does not have delegation to make the Plan.

2. Draft The Hills DCP 2012 Part B Section 9 – Small Lot Housing (Integrated Housing) (contained within Attachment 1) and Part B Section 10 – Medium Density Residential (Terraces) (contained within Attachment 1), including post exhibition amendments, be adopted.

(5)

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 R Jethi

Clr R A Preston MP Clr Dr P J Gangemi Clr B L Collins OAM Clr J Jackson Clr F P De Masi Clr A J Hay OAM Clr S P Uno

VOTING AGAINST THE MOTION Clr A N Haselden

Clr M G Thomas Clr E M Russo

ABSENT Clr R M Tracey

8.24pm Councillor Preston MP having previously declared a non-pecuniary, less significant conflict of interest left the meeting for Item 3 and returned at 8.34pm at the start of Call of the Agenda.

ITEM-3 REVIEW OF CONTRIBUTIONS FRAMEWORK (FP53) A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.

252 RESOLUTION

1. A submission incorporating the comments within this report be forwarded to the Department of Planning, Industry and Environment in response to the exhibition of the proposed reforms to the contributions framework.

2. Council await the outcome of the State Government’s review of the Contributions Framework before progressing with its draft Voluntary Planning Agreement and Works In Kind Policies, with a further report to be considered by Council on these matters within 6 months of the finalisation of the proposed reforms.

(6)

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 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 F P De Masi Clr A J Hay OAM Clr S P Uno

VOTING AGAINST THE MOTION None

ABSENT Clr R M Tracey

ABSENT FROM THE ROOM Clr R A Preston MP

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR RUSSO THAT item 7 be moved by exception and the recommendation contained therein be adopted.

253 RESOLUTION

Item 7 be moved by exception and the recommendation contained therein be adopted.

ITEM-7 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

254 RESOLUTION

1. Council consent to the release of two temporary easements from the title of Lot 5013 DP 1238707, 48-74 Brahman Road, Box Hill and the Section 88B instrument instrument accompanying the final plan of subdivision relating to Stage 1 of Development Consent 1415/2017/ZB be authorised for execution under Council seal.

2. Council consent to the release of four temporary easements from the title of Lot 8343 DP 1257413, 48-74 Brahman Road, Box Hill and the Section 88B instrument instrument accompanying the final plan of subdivision relating to Stage 5 of Development Consent 1415/2017/ZB be authorised for execution under Council seal.

(7)

3. Council consent to the release of the temporary easement for public access from the title of Lot 1 DP 1242747, Wembley Avenue, North Kellyville and the Section 88B instrument instrument accompanying the final plan of subdivision relating to Development Consent 710/2019/ZA be authorised for execution under Council seal.

4. Council consent to the release of a temporary right of access from the title of Lot 169 DP 1225042, Pridham Avenue, Box Hill and the associated dealing be authorised for execution under Council seal.

8.38pm Councillor Thomas left the meeting and returned at 8.40pm during Item 6.

ITEM-6 BUDGET REVIEW AS AT 30 APRIL 2020

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

255 RESOLUTION

The proposed budget variations in Attachment 1, Pages 6 to 11 and the variations detailed in page 12-29 be adopted.

ITEM-8 PROPOSED LAND ACQUISITION - 115 ARNOLD AVENUE, KELLYVILLE

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

256 RESOLUTION

1. Council agree to the purchase of Lot 700 DP 1206143 (115 Arnold Avenue, Kellyville), for the amount of $1,040,600 plus GST including disturbance costs as outlined in this report with a Contract, Deed & Transfer authorised for execution under Seal.

2. Upon acquisition, Council classify Lot 700 DP 1206143 as “Operational” Land pursuant to Section 25 of the Local Government Act 1993, which will be reclassified as

“Community” land at a later time.

(8)

ITEM-9 INFORMATION AND STATUS REPORTS

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

257 RESOLUTION

1. The status of legal matters before all Courts as shown in Attachments 1, 2 and 3 be noted (ECM Document Nos. 18823673, 18823674 and 18823675).

2. The Status of Outstanding Resolutions as shown in Attachment 4 be noted (ECM Document Nos. 17211395, 17211396 and 17211398).

3. The Schedule of Questions and Answers at Council Meetings held on 14 April and 28 April 2020 as shown in Attachment 5 be noted (ECM Document Nos. 18815443 and 18832536).

4. The status of Development Applications awaiting determination as shown in Attachment 6 be noted (ECM Document No. 18855012).

9.20pm Councillor Jethi retired from the meeting during Questions Without Notice.

QUESTIONS WITHOUT NOTICE

258 BUS STOPS ALONG WINDSOR ROAD NEAR HILLS OF CARMEL

Councillor Preston MP enquired what the proposal was for bus stops along Windsor Road near the traffic lights at Hills of Carmel.

The General Manager advised the lanes, as configured at the moment, are temporary and there will be a verge. The traffic has been moved onto the shoulder to allow the middle of the intersection to be constructed. The General Manager recalled from the approved plan of the RMS, that there is a bus stop either side of the intersection.

Councillor Preston MP requested a copy of the RMS plans.

259 NATIONAL RECONCILIATION WEEK

Councillor Hay OAM enquired if any activities were being undertaken by Council in recognition of National Reconciliation week in light of Covid-19?

The General Manager advised none specifically.

260 CYCLEWAY BOLLARDS

Councillor Haselden advised the cycling group, Bike North, has made representations that bollards placed at mid path on cycleways were hazardous. Could the General Manager

(9)

provide a reason why the bollards at both ends of the cycleway over Cattai Creek Bridge should not be removed, particularly given that other vehicle access to the bridge is highly restricted and hence unlikely?

The General Manager advised bike paths are a shared path and the bollards are a way of slowing cyclists down to a degree, but would get our experts to take a look and provide a response.

261 SHOWGROUND/WINDSOR ROAD, CASTLE HILL

Councillor Uno raised the traffic congestion caused by the two right turn lanes into Showground Road from Windsor Road which merge into one lane and then go back into two lanes. Councillor Uno requested an update on the proposed widening of Showground Road to be able to facilitate two turning lanes the whole way?

The General Manager advised he would take the matter on notice but noted both Windsor Road and Showground are classified roads in the RMS control so any capital works on those roads to widen or alter them would be the remit of the RMS or NSW Government. It is their asset so they are responsible for it.

262 10 YVETTE STREET, BAULKHAM HILLS (DA 637/2020/HA)

Councillor Uno tabled an email from Jasmina and Zoran Skoric regarding a proposal to develop three townhouses at 10 Yvette Street, Baulkham Hills.

263 ROUNDABOUT – PITT TOWN ROAD, BOUNDARY ROAD AND NEICH ROAD, MARAYLYA

Councillor Dr Gangemi requested an update on the proposed roundabout at the intersection of Pitt Town Road, Boundary Road and Neich Road, Maraylya.

The General Manager acknowledged there had been a delay but advised that the contract to purchase the land was signed by both parties last week.

264 LOCAL ROAD AND COMMUNITY INFRASTRUCTURE PROGRESS

Councillor Dr Gangemi noted last week the Federal Government announced $1.8 billion dollars of extra funding for Local Governments across Australia. Consisting of $500 million for the Local Road and Community Infrastructure Program and the bringing forward of

$1.3billion for the FAG payments. The Hills Council’s allocation of the Local Road and Community Infrastructure Program appears to be $1.194million. Is this correct and, if so, is there any indication on what projects may be able to utilise this funding?

The General Manager confirmed the FAG grants happen every year and it appears they are bringing the payment forward. It is untied funding, other than the road component and this has been factored into future budgets in any event.

Councillor Dr Gangemi interpreted it that $1.3 billion was what was predicted to come forward and the $500 million was new and our new part is $1.194 million.

(10)

265 DOG WASTE BAGS

Councillor Russo was contacted by a resident of Castle Hill regarding concern over dog owners not cleaning up after their animals and wanting them fined. Could Council review the location of “doggy bags” and the possibility of making them more available in popular walking areas?

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

266 SCCPP – BULL & BUSH DEFERRAL

Councillor Thomas has received notice of the deferral by the Sydney Central City Planning Panel to ‘kick the can down the road’ on the Bull & Bush. Is there any indication when this matter will come back to Council?

The General Manager advised the matter will not be returned to Council because it is a review of Council’s decision to not proceed with the Planning Proposal. The issue appears to be the panel was not in a position to make a determination because they can’t deal with the VPA around community space and the possible library. Traffic, Transport and Community Infrastructure has not been adequately dealt with to a point where they are in a position to make a decision.

267 TRAFFIC LIGHTS – ARTHUR STREET, BAULKHAM HILLS

Councillor Jackson requested an update on the traffic lights being installed at Arthur Street, Baulkham Hills and alterations to the road.

The General Manager advised they delay was caused by more work being needed on one of the footings of the light supports. Unfortunately the contractors were not authorised to undertake the footing designs. This should take approximately 3 weeks then the footings can be poured, the light pole can be installed and then we wait for a booking from the RMS.

The Group Manager – Infrastructure Works and his team are doing everything they can to expedite this job.

Councillor Jackson enquired if work would also be done on the road or was the delay caused just by the light?

The General Manager acknowledged roadworks would be undertaken around the lights but would take the question on notice.

268 TEMPORARY ROUNDABOUT – HEZLETT ROAD AND GOODISON STREET, NORTH KELLYVILLE

Councillor Collins OAM has been advised that a third accident has occurred at the temporary roundabout installed at Hezlett Road and Goodison Street North Kellyville. While the temporary roundabout is flat and low to enable trucks and buses to navigate, there is signage to alert drivers. Could Council look into an alternative lighting solution to assist drivers in observing this roundabout?

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

(11)

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 9 June 2020.

MAYOR GENERAL MANAGER