MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
ITEM SUBJECT PAGE
ITEM 1 CONFIRMATION OF MINUTES 3
MAYORAL MINUTE NO. 20/2022 - THE LISA HARNUM FOUNDATION GALA DINNER
3
MAYORAL MINUTE NO. 21/2022 – PAYING TRIBUTE TO QUEEN ELIZABETH II
4
ITEM 2 PLANNING PROPOSAL – 30-32 TELFER ROAD, CASTLE HILL (2/2022/PLP)
5
ITEM 3 POST EXHIBITION – NSW GOVERNMENT EMPLOYMENT ZONE REFORMS (FP245)
4
ITEM 4 LEASE TO CONTOUR CLINICS – SUITE 2, 8 MCMULLEN AVENUE, CASTLE HILL
6
ITEM 5 AMENDMENT – LEASE TO CBK SELECT PTY LTD – SHOP 5, 269 OLD NORTHERN ROAD CASTLE HILL
6
ITEM 6 LICENCE TO WOODBURY AUTISM EDUCATION AND RESEARCH LIMITED
7
ITEM 7 PROPOSED AMENDMENT TO APPROVED EASEMENT FOR UNDERGROUND CABLING – LOT 2 DP 566659, BALMORAL ROAD SPORTS COMPLEX RESERVE NO. 228 – 30Z-54Z BALMORAL ROAD, KELLYVILLE
7
ITEM 8 TENDER T22-0224 – CONSTRUCTION OF BRINDLE PARKWAY RESERVE, BOX HILL
7
CLOSED COUNCIL 8
ITEM 9 PROPERTY MATTER 9
ITEM 10 WASTE DISPOSAL CONTRACT 9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
404 PRESENT
Mayor Dr P Gangemi (In the Chair) Clr M Hodges (Deputy Mayor) Clr V Ellis
Clr M Blue Clr J Brazier Clr R Boneham Clr Dr M Kasby Clr Dr B Burton Clr R Tracey Clr F De Masi Clr J Cox 405 APOLOGIES
Clr A Hay OAM Clr R Jethi
406 TIME OF COMMENCEMENT 7.01 pm
407 TIME OF COMPLETION 8.35pm
408 DECLARATIONS OF INTEREST Item 3 Mayor Dr Gangemi Item 8 Clr Blue
409 ARRIVALS AND DEPARTURES
7.35pm Mayor Dr Gangemi having previously declared a non-pecuniary, significant conflict of interest left the meeting for Item 3 and Deputy Mayor Councillor Hodges assumed the Chair.
7.47pm Mayor Dr Gangemi returned to the meeting at the start of Item 2 and resumed the Chair.
7.50pm Clr Blue having previously declared a non-pecuniary less than significant conflict of interest left the room for Item 8 and returned at 7.53pm at the start of closed council.
410 DISSENT FROM COUNCIL'S DECISIONS Nil.
411 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 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 BLUE THAT the Minutes of the Ordinary Meeting of Council held on 23 August 2022 be confirmed.
THE MOTION WAS PUT AND CARRIED.
412 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 23 August 2022 be confirmed.
APOLOGIES AND LEAVE OF ABSENCE
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR COX THAT the apologies from Councillor Hay OAM and Councillor Jethi be accepted and leave of absence granted.
THE MOTION WAS PUT AND CARRIED.
413 RESOLUTION
The apologies from Councillor Hay OAM and Councillor Jethi be accepted and leave of absence be granted.
MAYORAL MINUTE NO. 20/2022 - THE LISA HARNUM FOUNDATION GALA DINNER A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR HODGES THAT
1. This Mayoral Minute be received.
2. The General Manager be authorised to purchase a table at a cost of $1,500 for Councillor’s (additional tickets for partners can be purchased and Council be reimbursed by the Councillor) who wish to attend the event.
3. Councillors indicate to the General Manager their willingness to attend as soon as possible.
THE MOTION WAS PUT AND CARRIED.
414 RESOLUTION
1. This Mayoral Minute be received.
2. The General Manager be authorised to purchase a table at a cost of $1,500 for Councillor’s (additional tickets for partners can be purchased and Council be reimbursed by the Councillor) who wish to attend the event.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
3. Councillors indicate to the General Manager their willingness to attend as soon as possible.
MAYORAL MINUTE NO. 21/2022 - PAYING TRIBUTE TO QUEEN ELIZABETH II
A MOTION WAS MOVED BY THE MAYOR AND SECONDED BY COUNCILLOR BRAZIER THAT
1. This Mayoral Minute be received.
2. A minute’s silence be observed.
THE MOTION WAS PUT AND CARRIED.
415 RESOLUTION
1. This Mayoral Minute be received.
2. A minute’s silence be observed.
(A minute’s silence was observed followed by the playing of the National Anthem of Great Britain).
7.35pm Mayor Dr Gangemi having previously declared a non-pecuniary, significant conflict of interest left the meeting for Item 3 and Deputy Mayor Councillor Hodges assumed the Chair.
7.47pm Mayor Dr Gangemi returned to the meeting at the start of Item 2 and resumed the Chair.
ITEM 3 POST EXHIBITION – NSW GOVERNMENT EMPLOYMENT ZONE REFORMS (FP245)
Proceedings in Brief
Andrew Wilson from Merc Capital addressed Council regarding this matter.
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
416 RESOLUTION
1. The report be received.
2. A copy of the report, resolution and supporting attachments be provided to the Department of Planning and Environment to assist in their consideration and review of submissions received, prior to finalisation of the reforms.
3. Council reiterate the need for post-exhibition amendments detailed in Section 5 of the report, in order to reflect the position previously resolved by Council in March 2022,
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
specifically in relation to minimum lot size requirements for rural village centres and some minor mapping updates.
Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION
Clr M Hodges Clr V Ellis Clr M Blue Clr J Brazier Clr R Boneham Clr J Cox Clr Dr M Kasby Clr Dr B Burton Clr R Tracey Clr F De Masi
VOTING AGAINST THE MOTION None
ABSENT FROM THE ROOM Mayor Dr P Gangemi
MEETING ABSENT Clr A Hay OAM Clr R Jethi
ITEM 2 PLANNING PROPOSAL – 30-32 TELFER ROAD, CASTLE HILL (2/2022/PLP)
A MOTION WAS MOVED BY COUNCILLOR HODGES AND SECONDED BY COUNCILLOR TRACEY THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
417 RESOLUTION
The planning proposal for land at 30-32 Telfer Road, Castle Hill be forwarded to the Department of Planning and Environment for Gateway Determination, subject to the following:
1. The proposed minimum lot size controls be amended to a minimum of 1,500m2 for the front lot containing the existing dwelling and 700m2 for the balance of the site.
2. Amendments to Clause 2.14.2 in Part B Section 2 - Residential of The Hills Development Control Plan (DCP) 2012 (Attachment 5) be publicly exhibited concurrently with the planning proposal, to remove the site from the mapped 30% site coverage requirement currently applying to C4 Environmental Living zoned land and enable residential outcomes consistent with the objectives of the R2 Low Density Residential zone.
Being a planning matter, the Mayor called for a division to record the votes on this matter
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
VOTING FOR THE MOTION Mayor Dr P Gangemi
Clr M Hodges Clr V Ellis Clr M Blue Clr J Brazier Clr R Boneham Clr J Cox Clr Dr M Kasby Clr Dr B Burton Clr R Tracey Clr F De Masi
VOTING AGAINST THE MOTION None
MEETING ABSENT Clr A Hay OAM Clr R Jethi
CALL OF THE AGENDA
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BONEHAM THAT items 4, 5, 6 and 7 be moved by exception and the recommendations contained therein be adopted.
THE MOTION WAS PUT AND CARRIED.
418 RESOLUTION
Items 4, 5, 6 and 7 be moved by exception and the recommendations contained therein be adopted.
ITEM 4 LEASE TO CONTOUR CLINICS – SUITE 2, 8 MCMULLEN AVENUE, CASTLE HILL
419 RESOLUTION
Council agrees to enter into a lease with Contour Clinics at Suite 2, 8 McMullen Avenue, Castle Hill subject to the terms as detailed in this report and the lease be executed under Seal.
ITEM 5 AMENDMENT – LEASE TO CBK SELECT PTY LTD – SHOP 5, 269 OLD NORTHERN ROAD CASTLE HILL
420 RESOLUTION
Council agrees to adopt amended key terms and enters into a lease for Shop 5, 269 Old Northern Road, Castle Hill as detailed in this report and the lease be executed under seal.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
ITEM 6 LICENCE TO WOODBURY AUTISM EDUCATION AND RESEARCH LIMITED
421 RESOLUTION
1. Pursuant to the provisions of Section 47A of the Local Government Act, 1993 NSW, Council provide notice of its intention to enter into two (2) year Licence Agreement with Woodbury Autism Education and Research Limited for the use of Building 14 Balcombe Heights Estate, Baulkham Hills under the terms outlined in this report.
2. In the event that if any submissions are received by way of objection, a further report will be brought back to Council, otherwise Council authorise the General Manager to execute the licence.
ITEM 7 PROPOSED AMENDMENT TO APPROVED EASEMENT FOR UNDERGROUND CABLING – LOT 2 DP 566659, BALMORAL ROAD SPORTS COMPLEX RESERVE NO. 228 – 30Z-54Z BALMORAL ROAD, KELLYVILLE
422 RESOLUTION
Council agrees to the creation of an additional 1.6m(w) x 190m(l) & variable easement for unground cables within Lot 2 DP 566659, being Balmoral Road Sports Complex Reserve No.
228 at 30Z-54Z Balmoral Road, Kellyville with Plans, Section 88B Instruments, Deeds and Transfers Granting Easements authorised for Execution under Seal.
7.50pm Clr Blue having previously declared a non-pecuniary less than significant conflict of interest left the room for Item 8 and returned at 7.53pm at the start of closed council.
ITEM 8 TENDER T22-0224 – CONSTRUCTION OF BRINDLE PARKWAY RESERVE, BOX HILL
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.
423 RESOLUTION
1. Council accept the tender offer of the Preferred Tenderer for Tender T22-0224 for the price and contingency set out in Confidential Attachment 1 to this report.
2. Council approve a budget variation of $8,800,000.00 to award the contract and for other associated expenditure by forwarding funds from Contribution Plan No. 15 that are currently allocated to this project in the 2023/24 budget as set out in Confidential Attachment 1.
3. Authority be delegated to the General Manager to execute the contracts relating to the tender.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR BONEHAM AND SECONDED BY COUNCILLOR HODGES THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 9 and 10 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 9 and 10 in accordance with the following table and Section 11(2) of the Local Government Act.
ITEM NO.: 9
SUBJECT: PROPERTY MATTER 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.: 10
SUBJECT: WASTE DISPOSAL CONTRACT 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 424 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Items 9 and 10 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the following table.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 13 September 2022
2. Council withhold access to Items 9 and 10 in accordance with the following table and Section 11(2) of the Local Government Act.
7.54pm Council entered into Closed Session.
ITEM 9 PROPERTY MATTER
A MOTION WAS MOVED BY COUNCILLOR BLUE AND SECONDED BY COUNCILLOR COX THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
425 RESOLUTION
1. Council agrees to enter into a Lease as per the terms set out in this report.
2. The Lease Agreement to be executed under seal.
ITEM 10 WASTE DISPOSAL CONTRACTS C
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR HODGES THAT Council resolve to proceed in accordance with Option A as outlined in this report.
THE MOTION WAS PUT AND CARRIED.
426 RESOLUTION
Council resolve to proceed in accordance with Option A as outlined in this report.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR COX AND SECONDED BY COUNCILLOR BLUE THAT The meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
427 RESOLUTION
The meeting resume in Open Council
At 8.34pm 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 9 and 10.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 27 September 2022
MAYOR GENERAL MANAGER
