MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE NO. 11/2022 - VALE - PETER WOODS OAM 3
MAYORAL MINUTE NO. 12/2022 - 75TH ANNIVERSARY OF THE GLENORIE RURAL FIRE BRIGADE
4
MAYORAL MINUTE NO. 13/2022 - 30TH ANNIVERSARY OF THE HILLS DOMESTIC VIOLENCE PREVENTION NETWORK
4
MAYORAL MINUTE NO. 14/2022 - CELEBRATE NAIDOC WEEK IN THE HILLS SHIRE
4
ITEM 2 PERIODIC REVIEW OF INDEPENDENT GEOTECHNICAL REVIEW PANEL (FP132)
6
ITEM 3 THSC BIKE PLAN – URBAN AREA STRATEGIC REVIEW 8
ITEM 4 ADVERTISING ON COUNCIL OWNED BRIDGES 7
ITEM 5 BUDGET REVIEW AS AT 31 MAY 2022 8
ITEM 6 ENFORCEMENT POLICY 7
ITEM 7 LOCAL ORDERS POLICY - KEEPING OF ANIMALS 9
ITEM 8 PROPOSED LAND ACQUISITION – LOT 33 DP1246754 PART 66 TERRY ROAD BOX HILL
7
ITEM 9 PROPOSED LAND ACQUISTION - LOT 1 IN DEPOSITED PLAN 126250 – 12 NELSON ROAD, BOX HILL
10
ITEM 10 POST EXHIBITION REPORT - DRAFT SOCIAL MEDIA MODERATION POLICY
5
ITEM 11 TENDER T22/0200 - BUILDING TRADES & SERVICES PANEL 8
ITEM 12 INFORMATION AND STATUS REPORTS 8
CLOSED COUNCIL 11
ITEM 13 SALE OF BIODIVERSITY CREDITS – BIODIVERSITY STEWARDSHIP APGREEMENTS - CADWELLS ROAD AND PORTERS ROAD, KENTHURST
12
ITEM 14 SES HEADQUARTERS – CONSIDERATION OF PROPOSED SITE 12
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
275 PRESENT
Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr F De Masi
Clr V Ellis Clr M Blue Clr J Brazier Clr R Boneham Clr Dr M Kasby Clr Dr B Burton Clr R Tracey Clr J Cox 276 APOLOGIES
Clr R Jethi Clr A Hay OAM
277 TIME OF COMMENCEMENT 7.03pm
278 TIME OF COMPLETION 9.13pm
279 DECLARATIONS OF INTEREST Item 5 Mayor Dr Gangemi 280 ARRIVALS AND DEPARTURES
7.18pm Councillor Tracey left the meeting and returned at 7.20pm during Mayoral Minute 13/2022
8.35pm Mayor Dr Gangemi having previously declared a pecuniary conflict of interest left the meeting for Item 5 and Deputy Mayor Councillor Hodges assumed the Chair.
8.39pm Mayor Dr Gangemi returned to the meeting during Item 7 and resumed the
Chair.
8.57pm Councillor Boneham left the meeting and returned at 8.59pm during Item 7.
281 DISSENT FROM COUNCIL'S DECISIONS Nil.
282 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
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 BONEHAM THAT the Minutes of the Ordinary Meeting of Council held on 14 June 2022 be confirmed.
THE MOTION WAS PUT AND CARRIED.
283 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 14 June 2022 be confirmed.
APOLOGIES AND LEAVE OF ABSENCE
A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR HODGES THAT the apologies from Councillors Jethi and Hay OAM be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
284 RESOLUTION
The apologies from Councillors Jethi and Hay OAM be accepted and leave of absence be granted.
MAYORAL MINUTE NO. 11/2022 - VALE - PETER WOODS OAM
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR BLUE THAT 1. This Mayoral Minute be received.
2. A minute’s silence be observed in respect of Peter Woods OAM.
THE MOTION WAS PUT AND CARRIED.
285 RESOLUTION
1. This Mayoral Minute be received.
2. A minute’s silence be observed in respect of Peter Woods OAM.
(A minute’s silence was observed).
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
MAYORAL MINUTE NO. 12/2022 - MAYORAL MINUTE NO. 12/2022 - 75TH ANNIVERSARY OF THE GLENORIE RURAL FIRE BRIGADE
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR BLUE THAT 1. This Mayoral Minute be received.
2. The Mayor forward a copy of this Mayoral Minute and a letter of thanks for the 75 years of service by the Glenorie Rural Fire Brigade.
THE MOTION WAS PUT AND CARRIED.
286 RESOLUTION
1. This Mayoral Minute be received.
2. The Mayor forward a copy of this Mayoral Minute and a letter of thanks for the 75 years of service by the Glenorie Rural Fire Brigade.
Councillor Tracey left the meeting at 7.18pm and returned at 7.20pm during Mayoral Minute 13/2022
MAYORAL MINUTE NO. 13/2022 - 30TH ANNIVERSARY OF THE HILLS DOMESTIC VIOLENCE PREVENTION NETWORK
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HODGES THAT This Mayoral Minute be received.
THE MOTION WAS PUT AND CARRIED.
287 RESOLUTION
This Mayoral Minute be received.
MAYORAL MINUTE NO. 14/2022 – CELEBRATE NAIDOC WEEK IN THE HILLS SHIRE A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR TRACEY THAT This Mayoral Minute be received.
THE MOTION WAS PUT AND CARRIED.
288 RESOLUTION
This Mayoral Minute be received.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
ITEM 10 POST EXHIBITION REPORT - DRAFT SOCIAL MEDIA MODERATION POLICY
Proceedings in Brief
Hugh Vaughan of Kenthurst (Objector) addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR DR KASBY AND SECONDED BY COUNCILLOR TRACEY THAT The General Manager prepare a draft social media policy based on the Office of Local Government (OLG) Model Policy (Attachment 3).
THE MOTION WAS PUT AND LOST
Councillors TRACEY and DR KASBY rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Clr Dr M Kasby
Clr R Tracey
VOTING AGAINST THE MOTION Mayor Dr P Gangemi
Clr M Hodges Clr F De Masi Clr V Ellis Clr M Blue Clr J Brazier Clr R Boneham Clr J Cox Clr Dr B Burton MEETING ABSENT Clr A Hay OAM Clr R Jethi
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR HODGES THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
289 RESOLUTION
1. The Draft Hills Shire Social Media Moderation Policy is adopted (Attachment 1 ECM 19961365).
2. The General Manager prepare a draft Social Media Policy based on the Office of Local Government (OLG) Model Policy (Attachment 3).
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
Councillors TRACEY and DR KASBY rose for a Division. The result of the Division was as follows: -
VOTING FOR THE MOTION Mayor Dr P Gangemi
Clr M Hodges Clr F De Masi Clr V Ellis Clr M Blue Clr J Brazier Clr R Boneham Clr J Cox Clr Dr B Burton
VOTING AGAINST THE MOTION Clr Dr M Kasby
Clr R Tracey
MEETING ABSENT Clr R Jethi
Clr A Hay OAM
ITEM 2 PERIODIC REVIEW OF INDEPENDENT GEOTECHNICAL
REVIEW PANEL (FP132)
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
290 RESOLUTION
1. The 12 consultants identified in Section 3 of this report be appointed to Council’s Independent Geotechnical Review Panel for three (3) years.
2. A further review of the Panel be undertaken in three (3) years.
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 Dr M Kasby Clr Dr B Burton Clr R Tracey
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr R Jethi
Clr A Hay OAM
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR BONEHAM THAT items 4, 6, 8, 11 and12 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
291 RESOLUTION
Items 4, 6, 8, 11 and12 be moved by exception and the recommendations contained therein be adopted.
ITEM 4 ADVERTISING ON COUNCIL OWNED BRIDGES 292 RESOLUTION
Expressions of Interest be called for the provision of digital advertising screens on both sides of the two new pedestrian bridges at Windsor Rd, Kellyville and Memorial Ave, Kellyville.
ITEM 6 ENFORCEMENT POLICY
293 RESOLUTION
1. The draft Enforcement Policy 2022 be placed on public exhibition in accordance with the requirements of the Local Government Act.
2. Should no negative submissions be received during public exhibition, the policy be adopted. Should submissions be received a further report be provided to Council.
ITEM 8 PROPOSED LAND ACQUISITION – LOT 33 DP1246754 294 RESOLUTION
1. Council agrees to the purchase of Lot 33 DP 1246754, Part 66 Terry Road Box Hill for
$3,100,000.00 excluding GST, and disturbance costs as outlined in this report with a Contract of Sale and required Deeds, plans, instruments, transfers, and any other associated documents required be authorised for execution under seal.
2. Upon acquisition, Council classify Lot 33 DP 1246754 as operational land pursuant to Section 25 of the Local Government Act 1993
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
ITEM 11 TENDER T22/0200 - BUILDING TRADES & SERVICES PANEL DOC
295 RESOLUTION
Council appoint panels on various building trades & services as set out in the confidential tender evaluation report provided as an attachment to this report, with the General Manager authorised to execute the relevant contracts.
ITEM 12 INFORMATION AND STATUS REPORTSDOC INFO 296 RESOLUTION
1. The status of legal matters before all Courts as shown in Attachment 1 be noted (ECM Document No 20136580).
2. The Status of Outstanding Resolutions as shown in Attachment 2 be noted (ECM Document Nos. 17211394,17211396, 17211397 and 17211398).
3. The Schedule of Questions and Answers at Council Meeting held on 10 May 2022 shown in the Attachment 3 be noted (ECM Document No: 20096242).
4. The status of Development Applications awaiting determination as shown in Attachment 4 be noted (ECM Document No. 20160762).
ITEM 3 THSC BIKE PLAN – URBAN AREA STRATEGIC REVIEW
A MOTION WAS MOVED BY COUNCILLOR DR KASBY AND SECONDED BY COUNCILLOR TRACEY THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
297 RESOLUTION
Council exhibit the reviewed Bike Plan for public comment with submission being reported back to Council for further consideration.
Mayor Dr Gangemi having previously declared a pecuniary conflict of interest left the meeting at 8.35pm for Item 5 and Deputy Mayor Councillor Hodges assumed the Chair.
Mayor Dr Gangemi returned at 8.39pm during Item 7 and resumed the Chair.
ITEM 5 BUDGET REVIEW AS AT 31 MAY 2022OC INFO
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
298 RESOLUTION
The proposed budget variations in Attachment 1, Pages 1 to 5 and the variations detailed in page 8-26 be adopted.
Councillor Boneham left the meeting at 8.57pm and returned at 8.59pm during Item 7.
ITEM 7 LOCAL ORDERS POLICY - KEEPING OF ANIMALS
A MOTION WAS MOVED BY COUNCILLOR DR KASBY AND SECONDED BY COUNCILLOR DR BURTON THAT
1. The draft Local Orders Policy – Keeping of Animals 2022 be placed on public exhibition in accordance with the requirements of the Local Government Act.
2. A further report be made to Council at the conclusion of the exhibition period.
3. The General Manager write to the Office of Local Government and any other relevant agency to request an amendment to legislation for NSW, to provide a mechanism for Councils to introduce cat curfews in their LGA’s to responsibly manage cats.”
4. The General Manager prepare a draft Notice of motion for the LGNSW annual conference on the responsible ownership of cats and the need for legislation like in other States, to allow Councils to implement a cat curfew as part of the management of cats in their LGA’s”.
5. The General Manager inquire of other Councils where they have implemented policy around cat curfews as to the policies effectiveness.
THE MOTION WAS PUT AND CARRIED.
299 RESOLUTION
1. The draft Local Orders Policy – Keeping of Animals 2022 be placed on public exhibition in accordance with the requirements of the Local Government Act.
2. A further report be made to Council at the conclusion of the exhibition period.
3. The General Manager write to the Office of Local Government and any other relevant agency to request an amendment to legislation for NSW, to provide a mechanism for Councils to introduce cat curfews in their LGA’s to responsibly manage cats.”
4. The General Manager prepare a draft Notice of motion for the LGNSW annual conference on the responsible ownership of cats and the need for legislation like in other States, to allow Councils to implement a cat curfew as part of the management of cats in their LGA’s”.
5. The General Manager inquire of other Councils where they have implemented policy around cat curfews as to the policies effectiveness.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
Councillors TRACEY and DR KASBY rose for a Division. The result of the Division was as follows:-
VOTING FOR THE MOTION Clr Dr M Kasby
Clr R Tracey Clr R Boneham Clr J Cox Clr Dr B Burton Clr J Brazier
VOTING AGAINST THE MOTION Mayor Dr P Gangemi
Clr M Hodges Clr F De Masi Clr V Ellis Clr M Blue
MEETING ABSENT Clr A Hay OAM Clr R Jethi
ITEM 9 PROPOSED LAND ACQUISTION - LOT 1 IN DEPOSITED PLAN 126250 – 12 NELSON ROAD, BOX HILL
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR HODGES THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
300 RESOLUTION
1. Council agrees to the purchase of Lot 1 in Deposited Plan 126250 at 12 Nelson Road, Box Hill for the amount of $12,500,000.00 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 agrees to pay the landowner’s disturbance costs of $70,807.23 for legal costs,
$47,971.00 for valuation fees and estimated additional legal costs to be $8,800 for the proposed contract for sale of land.
3. Upon acquisition, Council classify part Lot 1 in Deposited Plan 126250 as “Operational”
Land and deemed non rateable pursuant to Sections 25 and 556 of the Local Government Act 1993.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 13 and 14 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 Items 13 and 14 in accordance with the following table and Section 11(2) of the Local Government Act.
ITEM NO.: 13
SUBJECT: SALE OF BIODIVERSITY CREDITS – BIODIVERSITY STEWARDSHIP APGREEMENTS - CADWELLS ROAD AND PORTERS ROAD, KENTHURST OC
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.
ITEM NO.: 14
SUBJECT: SES HEADQUARTERS – CONSIDERATION OF PROPOSED SITE DOC INFO 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
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
301 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 13 and 14 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 Items 13 and 14 in accordance with the following table and Section 11(2) of the Local Government Act.
9.06pm Council entered into Closed Session.
ITEM 13 SALE OF BIODIVERSITY CREDITS – BIODIVERSITY STEWARDSHIP APGREEMENTS - CADWELLS ROAD AND PORTERS ROAD, KENTHURST OC INFO
A MOTION WAS MOVED BY COUNCILLOR TRACEY AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
302 RESOLUTION
1. Council agree to the sale and retirement of 146 ecosystem credits from the Cadwells Road and Porters Road, Kenthurst Biodiversity sites as detailed in this report with the proceeds to be dealt with in accordance with the existing Trust Agreement.
2. The applications for the Transfer of Biodiversity credits and Contracts for the Sale of Biodiversity credits be authorised for execution under seal.
ITEM 14 SES HEADQUARTERS – CONSIDERATION OF PROPOSED SITE
DOC INF O
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR BLUE THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
303 RESOLUTION
1. The recommendation in the report be adopted.
2. Council receive a further briefing when a response has been received from the Minister for Transport and relevant agency heads.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BLUE THAT
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 June 2022
304 RESOLUTION
The meeting resume in Open Council
At 9.12pm members of the gallery were invited back into the Council Chambers and the Mayor advised that during Closed Council two (2) resolutions were passed. The General Manager read out the resolutions for Item 13 and 14.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 12 July 2022.
MAYOR ACTING GENERAL MANAGER
