MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 4
MAYORAL MINUTE 10/2015 - THE PASSING OF ROBERT ROSE 4 ITEM-2 NOTICE OF RESCISSION – POST EXHIBITION
REPORT – AMENDMENT TO THE GENERIC PLAN OF MANAGEMENT FOR SPORTSGROUNDS
5
ITEM-3 DRAFT THE HILLS CORRIDOR STRATEGY (FP 215) 6 ITEM-4 HILLS DISTRICT BASKETBALL ASSOCIATION INC –
PROPOSED AMENDMENT TO LEASES 7
QUESTIONS WITHOUT NOTICE 7
CLOSED COUNCIL 8
ITEM-5 SALE 51-53 OLD CASTLE HILL ROAD, CASTLE HILL 9
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
472 PRESENT
Clr Dr M R Byrne Adjunct Professor (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor)
Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr A C Jefferies Clr R A Preston Clr M O Taylor Clr M G Thomas Clr R M Tracey 473 APOLOGIES
Clr Dr J N Lowe
474 TIME OF COMMENCEMENT 7.28pm
475 TIME OF COMPLETION 9:59pm
476 DECLARATIONS OF INTEREST Item 3 The General Manager 477 ARRIVALS AND DEPARTURES
7.45pm Councillor Preston left the meeting and returned at 7.47pm during Community Forum.
8.19pm The General Manager left the meeting for Item 3 and returned at 9.05pm during Questions Without Notice.
8.19pm Councillor Harty OAM left the meeting and returned at 8.20pm during Item 8.19pm Councillor Hay OAM left the meeting and returned at 8.20pm during Item 3.
8.19pm Councillor Thomas left the meeting and returned at 8.20pm during Item 3. 3.
8.19pm Councillor Tracey left the meeting and returned at 8.20pm during Item 3.
8.30pm Councillor Taylor arrived at the meeting during Item 3.
9.01pm Councillor Tracey left the meeting and returned at 9.05pm during Questions Without Notice.
9.01pm Councillor Harty OAM left the meeting and returned at 9.08pm during Questions Without Notice.
9.07pm Councillor Hay OAM left the meeting and returned at 9.08pm during Questions Without Notice.
9.17pm Councillor Dr Gangemi left the meeting and returned at 9.20pm during Questions Without Notice.
9.35pm Councillor Thomas left the meeting and returned at 9.38pm during Questions Without Notice.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
9.42pm Councillor Mayor Dr Byrne Adjunct Professor left the meeting during Closed Council and the Deputy Mayor Councillor Keane assumed the Chair.
9.44pm Councillor Mayor Dr Byrne Adjunct Professor returned to the meeting during Closed Council and resumed the Chair.
478 DISSENT FROM COUNCIL'S DECISIONS
Questions Without Notice /Matter of Urgency - Councillors Harty OAM and Tracey.
479 ADJOURNMENT & RESUMPTION Nil.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM-1 CONFIRMATION OF MINUTES
A Motion was moved by Councillor Jefferies that only the Minutes of the Ordinary Meeting of Council held on 25 August 2015 be confirmed.
The Motion lapsed through want of a seconder.
A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR KEANE THAT the Minutes of the Ordinary Meeting of Council held on 25 August 2015 and the Minutes of the Extraordinary Meeting of Council held on 1 September 2015 be confirmed.
THE MOTION WAS PUT AND CARRIED.
480 RESOLUTION
The Minutes of the Ordinary Meeting of Council held on 25 August 2015 and the Minutes of the Extraordinary Meeting of Council held on 1 September 2015 be confirmed.
MAYORAL MINUTE 10/2015 - THE PASSING OF ROBERT ROSE
A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND SECONDED BY COUNCILLOR KEANE THAT
1. The Mayoral Minute be accepted.
2. A minute’s silence be held for Robert Rose.
THE MOTION WAS PUT AND CARRIED.
481 RESOLUTION
1. The Mayoral Minute be accepted.
2. A minute’s silence be held for Robert Rose.
A minute’s silence was observed.
APOLOGIES
A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR THOMAS THAT the apology from Councillor Dr Lowe be accepted and leave of absence from 8 September to 23 November 2015 be granted.
THE MOTION WAS PUT AND CARRIED.
482 RESOLUTION
The apology from Councillor Dr Lowe be accepted and leave of absence from 8 September to 23 November 2015 be granted.
7.45pm Councillor Preston left the meeting and returned at 7.47pm during Community Forum.
COMMUNITY FORUM
There were no addresses to Council during Community Forum.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM-2 NOTICE OF RESCISSION POST EXHIBITION REPORT AMENDMENT TO THE GENERIC PLAN OF MANAGEMENT FOR SPORTSGROUNDS
A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR TRACEY THAT the decision of the Ordinary Meeting of Council of 25 August 2015 in respect of Item 19 - Post Exhibition Report – Amendment to the Generic Plan of Management for Sportsgrounds, be rescinded.
THE MOTION WAS PUT AND CARRIED.
483 RESOLUTION
The decision of the Ordinary Meeting of Council of 25 August 2015 in respect of Item 19 - Post Exhibition Report – Amendment to the Generic Plan of Management for Sportsgrounds, be rescinded.
Councillors Hay OAM, Harty OAM and Tracey rose for a Division. The result of the Division was as follows:
VOTING FOR THE RESCISSION MOTION Clr Hay OAM
Clr Tracey Clr Dr Gangemi Clr Harty OAM Clr Keane Clr Thomas
VOTING AGAINST THE RESCISSION MOTION Clr Jefferies
Clr Dr D Byrne Adjunct Professor Clr Preston
Clr Haselden
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR JEFFERIES THAT the Report (Item 19 - 25 August 2015 Post Exhibition Report – Amendment to the Generic Plan of Management for Sportsgrounds) be received.
THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.
484 RESOLUTION
The Report (Item 19 - 25 August 2015 Post Exhibition Report – Amendment to the Generic Plan of Management for Sportsgrounds) be received.
8.19pm The General Manager left the meeting for Item 3 and returned at 9.05pm during Questions Without Notice.
8.19pm Councillor Harty OAM left the meeting and returned at 8.20pm during Item 3.
8.19pm Councillor Hay OAM left the meeting and returned at 8.20pm during Item 3.
8.19pm Councillor Thomas left the meeting and returned at 8.20pm during Item 3.
8.19pm Councillor Tracey left the meeting and returned at 8.20pm during Item 3.
8.30pm Councillor Taylor arrived at the meeting during Item 3.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM-3 DRAFT THE HILLS CORRIDOR STRATEGY (FP215) A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HAY OAM THAT this matter be deferred until the Castle Hill North Precinct comes back to Council in October 2015.
THE MOTION WAS PUT AND LOST
Being a Planning Matter, the Mayor called for a Division to record the votes on this matter.
VOTING FOR THE MOTION Clr Hay OAM
Clr Tracey Clr Dr Gangemi Clr Harty OAM
VOTING AGAINST THE MOTION Clr Jefferies
Clr Dr D Byrne Adjunct Professor Clr Thomas
Clr Preston Clr Taylor Clr Keane Clr Haselden
A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED 485 RESOLUTION
Draft The Hills Corridor Strategy (Sensibly delivering housing and employment around the Sydney Metro Northwest) be exhibited for a period of 28 days (ECM DOCUMENT NO 14047585).
Being a Planning Matter, the Mayor called for a Division to record the votes on this matter.
VOTING FOR THE MOTION Clr Jefferies
Clr Dr D Byrne Adjunct Professor Clr Thomas
Clr Preston Clr Taylor Clr Keane Clr Dr Gangemi Clr Haselden
VOTING AGAINST THE MOTION Clr Hay OAM
Clr Tracey Clr Harty OAM
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM-4 HILLS DISTRICT BASKETBALL ASSOCIATION INC - PROPOSED AMENDMENT TO LEASES
A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR THOMAS THAT the Recommendation contained in the report be adopted.
486 RESOLUTION
Council agree to the 6 month extension of the Short Term Lease, and the amendment to the commencement and termination dates of the Lease by a further 6 months as detailed in this report, and both leases be authorised for execution under Seal.
9.01pm Councillor Tracey left the meeting and returned at 9.05pm during Questions Without Notice.
9.01pm Councillor Harty OAM left the meeting and returned at 9.08pm during Questions Without Notice.
9.07pm Councillor Hay OAM left the meeting and returned at 9.08pm during Questions Without Notice.
9.17pm Councillor Dr Gangemi left the meeting and returned at 9.20pm during Questions Without Notice.
9.35pm Councillor Thomas left the meeting and returned at 9.38pm during Questions Without Notice.
QUESTIONS WITHOUT NOTICE
487 ROUNDABOUT AT SAMANTHA RILEY DRIVE AND REDDEN DRIVE, KELLYVILLE Councillor Preston tabled a petition regarding this matter. Councillor Preston also thanked Council for resolving an adjoining owner’s situation in regards to privacy and border issues.
488 UPDATE ON MERINDAH ROAD, SEVEN HILLS
Councillor Thomas asked for an update on the roundabout at Merindah Road, Seven Hills.
The General Manager advised that he would take the question on notice.
489 MATTER OF URGENCY – COMMENTS BY COUNCILLOR HAY OAM
Councillor Jefferies requested that the Mayor permit urgency to consider a motion in respect of comments made by Councillor Hay OAM last week following the Mayoral election.
The Mayor permitted urgency.
A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR TAYLOR THAT the matter of Clr Hay’s OAM comments be considered as a matter of an urgent nature.
THE MOTION WAS PUT AND CARRIED.
490 RESOLUTION
The matter of Clr Hay’s OAM comments be considered as a matter of an urgent nature.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR TAYLOR THAT The General Manager investigates the comments made by Councillor Hay OAM in an email to staff and Councillors on Thursday 3 September 2015, as to whether there has been a breach of the Code of Conduct, and provides a report to Council.
Before the Motion was put, Councillor Hay OAM made the following apology:
“In response, I wish to say that my comments were uncharacteristic and were made in a hastily offered congratulatory fashion. Regrettably also very clumsily written, I recognise that we have two capable women holding the office of Mayor and Deputy Mayor and the Local Government Act specifically addresses those respective roles. I regret if those comments have caused offence and to that extent, I apologise. I had left a phone message for the Mayor which was not returned so this was the first opportunity given that this was brought to Council for me to be able to express those views”.
THE MOTION WAS PUT AND CARRIED.
491 RESOLUTION
The General Manager investigates the comments made by Councillor Hay OAM in an email to staff and Councillors on Thursday 3 September 2015, as to whether there has been a breach of the Code of Conduct, and provides a report to Council.
(Councillors Harty OAM and Tracey requested their names be recorded as opposing the resolution of Council in this matter).
9.42pm Councillor Mayor Dr Byrne Adjunct Professor left the meeting during Closed Council and the Deputy Mayor Councillor Keane assumed the Chair.
9.44pm Councillor Mayor Dr Byrne Adjunct Professor returned to the meeting during Closed Council and resumed the Chair.
CLOSED COUNCIL
A MOTION WAS MOVED BY COUNCILLOR TAYLOR AND SECONDED BY COUNCILLOR PRESTON THAT
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 5 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 5 in accordance with the following table and Section 11(2) of the Local Government Act.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
ITEM NO.: 5
SUBJECT: SALE 51-53 OLD CASTLE HILL ROAD, CASTLE HILL 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 property sale results mentioned in 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 in its negotiations with prospective purchasers preventing it from achieving a “best value for money” outcome for the wider community.
THE MOTION WAS PUT AND CARRIED.
492 RESOLUTION
1. The press and public be excluded from the proceedings of Closed Council in respect of Item 5 pursuant to the relevant Clauses of Section 10A, Clause 2 of the Local Government Act, 1993, as detailed in the above table.
2. Council withhold access to Item 5 in accordance with the above table and Section 11(2) of the Local Government Act.
9.42pm Council entered into Closed Session.
ITEM-5 SALE 51-53 OLD CASTLE HILL ROAD, CASTLE HILL A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR JEFFERIES THAT the Recommendation contained in the report be adopted.
THE MOTION WAS PUT AND CARRIED.
493 RESOLUTION
1. Council approve the sale of Lot 101 DP 1146629, 51-53 Old Castle Hill Road, Castle Hill to 51 OCHR Pty Ltd (ACN 608 010 457) for the GST input taxed amount of
$140,000,000 for Offer A on the terms outlined in this report with a Contract, Deed and Transfer authorised for execution under seal.
2. The budget be varied and the distribution of the total funds from the sale be the subject of a further report to Council having regard to a future investment strategy.
OPEN COUNCIL
A MOTION WAS MOVED BY COUNCILLOR KEANE AND SECONDED BY COUNCILLOR TAYLOR THAT the meeting resume in Open Council.
THE MOTION WAS PUT AND CARRIED.
MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 8 September 2015
494 RESOLUTION
The meeting resume in Open Council.
At 9.58pm 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 5.
The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 22 September 2015.
MAYOR GENERAL MANAGER
