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(1)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 REVIEW OF SENIORS HOUSING ON RURAL LAND (FP231)

3

ITEM-3 THE WATER LANE RESERVE - DRAFT MASTERPLAN 7 ITEM-4 LTC RECOMMENDATION FOR MARCH 2020 -

CARRINGTON ROAD, CASTLE HILL - PROPOSED 'NO PARKING AUSTRALIA POST VEHICLES EXEMPT' &

CHANGE TO 'BUS LANE'

5

ITEM-5 LTC RECOMMENDATION FOR MARCH 2020 - PROPOSED NEW SCHOOL BUS STOPS - KELLYVILLE

& CASTLE HILL

6

ITEM-6 JUNCTION ROAD, WINSTON HILLS - HEADS OF AGREEMENT

7

ITEM-7 SYDNEY METRO EASEMENT - DEED OF AGREEMENT 6 ITEM-8 AMENDMENT TO EXISTING EASEMENT FOR

PEDESTRIANS AND CYCLISTS OVER LOT 2071 DP828992, 28 BROOKHOLLOW AVENUE, NORWEST

6

ITEM-9 COUNCIL OPERATIONS - AGENDA MASTER (MINUTES)

8

ITEM-10 PECUNIARY INTEREST REPORT - MARCH 2020 6

ITEM-11 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

7

QUESTIONS WITHOUT NOTICE 8

CLOSED COUNCIL 10

ITEM-12 PROPERTY MATTER 11

(2)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

147 PRESENT

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

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 R M Tracey Clr S P Uno

148 APOLOGIES Clr R A Preston MP

149 TIME OF COMMENCEMENT 7.01pm

150 TIME OF COMPLETION 9.13pm

151 DECLARATIONS OF INTEREST Item 12 - Councillor Jethi

152 ARRIVALS AND DEPARTURES

7.14pm Councillor Jackson left the meeting and returned at 7.15pm during Item 2.

7.53pm Councillor Tracey left the meeting and returned at 7.55pm during Item 3.

8.19pm Councillor Thomas left the meeting and returned at 8.21pm during Item 9.

9.06pm Councillor Jethi having previously declared a non-pecuniary, less significant conflict of interest left at the start of Item 12 and retired from the meeting.

153 DISSENT FROM COUNCIL'S DECISIONS Nil.

154 ADJOURNMENT & RESUMPTION Nil.

(3)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

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 COLLINS OAM AND SECONDED BY COUNCILLOR JETHI THAT the Minutes of the Ordinary Meeting of Council held on 24 March 2020 be confirmed.

THE MOTION WAS PUT AND CARRIED.

155 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 24 March 2020 be confirmed.

APOLOGIES

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

THE MOTION WAS PUT AND CARRIED.

156 RESOLUTION

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

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

7.14pm Councillor Jackson left the meeting and returned at 7.15pm during Item 2.

ITEM-2 REVIEW OF SENIORS HOUSING ON RURAL LAND (FP231)

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

1. The Greater Sydney Commission’s report “Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas” be received.

2. The matter be deferred to a Councillor Workshop.

(4)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

AN AMENDMENT WAS MOVED BY COUNCILLOR COLLINS OAM AND SECONDED BY COUNCILLOR HAY OAM THAT

1. The Greater Sydney Commission’s report “Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas” be received.

2. Council seek a meeting with the Minister for Planning and invite Hornsby Shire Council to attend, to discuss the concerns of The Hills Shire Council and Hornsby Shire Council in relation to the use of Rural land for Seniors Housing.

3. Council write to the Secretary of the Department of Planning, Industry and Environment and the CEO of the Greater Sydney Commission reiterating the findings and recommendations of the GSC Report.

THE AMENDMENT WAS PUT AND LOST.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE AMENDMENT

Mayor Dr M R Byrne Clr B L Collins OAM Clr A J Hay OAM

VOTING AGAINST THE AMENDMENT Clr R Jethi

Clr Dr P J Gangemi Clr A N Haselden Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr R M Tracey Clr S P Uno

MEETING ABSENT Clr R A Preston MP

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

157 RESOLUTION

1. The Greater Sydney Commission’s report “Investigation into the cumulative impacts of Seniors Housing in the rural areas of The Hills and Hornsby local government areas” be received.

2. The matter be deferred to a Councillor Workshop.

(5)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

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 B L Collins OAM Clr A J Hay OAM Clr R Jethi

Clr Dr P J Gangemi Clr A N Haselden Clr J Jackson Clr M G Thomas Clr E M Russo Clr F P De Masi Clr R M Tracey Clr S P Uno

VOTING AGAINST THE MOTION None

MEETING ABSENT Clr R A Preston MP

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR DE MASI AND SECONDED BY COUNCILLOR RUSSO THAT items 4, 5, 7, 8, 10 and 11 be moved by exception and the recommendations contained therein be adopted.

THE MOTION WAS PUT AND CARRIED.

158 RESOLUTION

Items 4, 5, 7, 8, 10 and 11 be moved by exception and the recommendations contained therein be adopted.

ITEM-4 LTC RECOMMENDATION FOR MARCH 2020 -

CARRINGTON ROAD, CASTLE HILL - PROPOSED 'NO PARKING AUSTRALIA POST VEHICLES EXEMPT' &

CHANGE TO 'BUS LANE' 159 RESOLUTION

Council approve:

a) the existing ‘Mail Zone’ restrictions on the northern side of Carrington Road, Castle Hill at the three Australia Post mailboxes being changed to ‘No Parking Australia Post Vehicles Excepted’ restrictions.

b) the start of the existing ‘Bus Lane’ lane markings on the northern side of Carrington Road at the western end near Victoria Avenue being moved to begin approximately 6 metres east of the existing three Australia Post mailboxes.

(6)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

ITEM-5 LTC RECOMMENDATION FOR MARCH 2020 -

PROPOSED NEW SCHOOL BUS STOPS - KELLYVILLE

& CASTLE HILL 160 RESOLUTION

Council approve:

a) the following five timed School Bus Stops 8.00am - 9.30am and 2.30pm - 4.00pm for school days only at:

i) Craigmore Drive, Kellyville outside Craigmore Reserve;

ii) Craigmore Drive, Kellyville east of the Braemar Avenue intersection;

iii) Kings Rd, Castle Hill - outside Elizabeth Chaffey Reserve;

iv) Kings Rd, Castle Hill – at the walkway between No 114 and 116 Kings Road;

v) Wrights Road, Castle Hill – at the walkway between No 141 and 143 Wrights Road.

b) the installation of a ‘Bus Zone 8.00am-9.30am and 2.30pm-4.00pm school days’ at the bus stop located at the walkway between No 141 and 143 Wrights Road, Castle Hill.

ITEM-7 SYDNEY METRO EASEMENT - DEED OF AGREEMENT 161 RESOLUTION

Council agree to the creation of an easement for public access across land owned by Sydney Water in Lot 192 DP 1249550 and authorised for execution under Seal.

ITEM-8 AMENDMENT TO EXISTING EASEMENT FOR

PEDESTRIANS AND CYCLISTS OVER LOT 2071 DP828992, 28 BROOKHOLLOW AVENUE, NORWEST 162 RESOLUTION

Council agree to the amendment of the existing easement to facilitate works as detailed in this report within Lot 2071 DP 828992, 28 Brookhollow Avenue, Norwest with all required documentation authorised for execution under Seal.

ITEM-10 PECUNIARY INTEREST REPORT - MARCH 2020 163 RESOLUTION

Council note the tabling of the Returns.

(7)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

ITEM-11 PROPERTY DEALINGS RELATING TO DEVELOPMENT MATTERS

164 RESOLUTION

1. Council consent to the withdrawal of a caveat from the title of Lots 5 and 6 DP 705913, Lots 20 and 27 DP 15399, Lots 1 and 4 DP 531559, Lots 1 to 4 DP 581293, Lots 1 and 2 DP 547897, Lots 1 and 2 DP 591676, Lots 5 and 6 DP 29141 and Lots 21 and 22 DP 778595, 93-107 Cecil Avenue and 9-10 Roger Avenue, Castle Hill and the associated document be authorised for execution under Council seal.

2. Council consent to the release of six different temporary easements relating to drainage, services and access from the title of Lot 360 DP 1232776 Hartigan Avenue and Lot 21 DP 1171087 Magrath Street, Kellyville and the Section 88B instrument associated with the final plan of subdivision which seeks to dedicate Cardell Road, Sandlands Street, Magrath Street and the extensions of Burns Road, Hartigan Avenue and Bush Paddock Avenue to the public as road be authorised for execution under Council seal.

7.53pm Councillor Tracey left the meeting and returned at 7.55pm during Item 3.

ITEM-3 THE WATER LANE RESERVE - DRAFT MASTERPLAN A MOTION WAS MOVED BY COUNCILLOR DR GANGEMI AND SECONDED BY COUNCILLOR COLLINS OAM THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED.

165 RESOLUTION

Council approve the Draft Masterplan for placement on Public Exhibition for 28 days.

ITEM-6 JUNCTION ROAD, WINSTON HILLS - HEADS OF AGREEMENT

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

THE MOTION WAS PUT AND CARRIED.

166 RESOLUTION

The General Manager be authorised to sign the non-binding Heads of Agreement between Transport for NSW, The Hills Motorway Trust/Limited, City Of Parramatta, and The Hills Shire to co-operate in determining solutions to the commuter car parking demand at the Junction Road bus stop along the M2 Motorway.

(8)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

8.19pm Councillor Thomas left the meeting and returned at 8.21pm during Item 9.

ITEM-9 COUNCIL OPERATIONS - ACTIONS TAKEN AS A RESULT OF COVID-19

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

THE MOTION WAS PUT AND CARRIED.

167 RESOLUTION

1. The report be noted.

2. Council authorise the General Manager to write off interest charges for a period of 6 months on outstanding rates whereby the ratepayer has entered into a payment plan due to COVID-19.

3. Council authorise the General Manager the ability to negotiate and implement deferrals of rent payments to Council for up to six months for small to medium-sized organisations who can demonstrate hardship linked to the COVID-19 pandemic. A further report to be brought back to provide an update on this the matter as at 30 June 2020.

4. Council cancel the Orange Blossom Festival for 2020 due to COVID-19 and a further report on future events be brought back to Council for further consideration

5. The General Manager be authorised to enter into an arrangement to defer loan repayments owing to Council for a maximum period of six (6) months.

QUESTIONS WITHOUT NOTICE

168 URBAN TASKFORCE “SHOVEL READY” PROJECTS

Councillor Tracey noted the Urban Taskforce’s submission to the Treasury in regard to

“shovel ready” projects for fast tracking included the Mirvac site at Coonara Avenue (IBM) is a Category B that could be delivered in 6-12 months.

If this were to proceed, what would Council’s role be in the process and how could it ensure its opposition on behalf of the community is heard?

The General Manager commented that he could not speak for the Urban Taskforce but it would need to be rezoned first and that has not occurred nor is there a DA.

169 LOCAL SHOP EMBELLISHMENT

Councillor Tracey noted that since Parramatta Council took over parts of East Ward they have embellished local shops, corner shops and public locations. Councillor Tracey enquired what “shovel ready” projects Council have that would improve our local corner shops, such as Baker Crescent shops doesn’t have bollards or a bench to sit on.

(9)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

The General Manager advised there was a project about 15 years ago looking at these centres but could not recall how many were completed. Clearly the ones that Council has a design for, has approval for and has been through public consultation would be the easiest.

One of the easiest projects to begin would be footpaths, also street tree trimming because they don’t require approval. In terms of the local shops the General Manager advised he would have to undertake an analysis of where that is.

170 MELALEUCA CLOSE, CASTLE HILL

Councillor Uno tabled an email regarding earthworks being undertaken in Melaleuca Close, Castle Hill.

171 LEP REVIEW

Councillor Dr Gangemi enquired if Council’s LEP review has received a gateway determination from the Department of Planning? If so, when would exhibition occur and would Council consider a phone hotline/zoom meeting/Facebook live meeting with Forward Planning staff in lieu of drop in sessions in person not being able to occur during the exhibition?

The General Manager advised he would take the matter on notice but noted Council were discussing different ways of engaging with the community.

172 TERRY ROAD AND GEORGE STREET, BOX HILL

Councillor Dr Gangemi requested the grass be mowed at the corner of Terry Road and George Street, Box Hill as there is no footpath and pedestrians are forced to walk on the road.

173 BROTHER CHRIS GORRINGE

Councillor Dr Gangemi passed on his condolences to the family and friends of Brother Chris Gorringe who passed away last night. Brother Chris was a Board Member at Oakhill College, a Principal and a standard bearer of the Lasallian tradition. Brother Chris was an inspirational person who taught students that your best is good enough all of the time.

174 BELLA VISTA FARM – REMOVAL OF DUMPED RUBBISH

Councillor De Masi advised there is a dumped basketball hoop at the bottom of the stairwell at Bella Vista Farm near the Norwest Boulevarde underpass. Could Council arrange for the rubbish to be removed?

175 PRESERVING HISTORY – WAVES

Councillor Jethi received an email from Linda Dwyer regarding the painted tiles around the baby pool and enquired what Council was doing to preserve history during the demolition of Waves?

The General Manager advised he would take the matter on notice but confirmed the current plans regarding Waves were that everything goes.

(10)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

176 COVID-19 RESPONSE

Councillor Jackson enquired whether Council was in a position yet to be doing any modelling on the financial impacts to this Council.

The General Manager confirmed Council was currently undertaking modelling but everything is constantly changing with different Government support. The Budget Review is coming to the next Council meeting, then May, June and probably July. Council is looking at issues regarding drop off in revenue with drop off in costs.

CLOSED COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR DE MASI THAT

1. The press and public be excluded from the proceedings of Closed Council in respect of Item 12 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 12 in accordance with the following table and Section 11(2) of the Local Government Act.

ITEM NO.: 12

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.

THE MOTION WAS PUT AND CARRIED

177 RESOLUTION

1. The press and public be excluded from the proceedings of Closed Council in respect of Item 12 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 12 in accordance with the following table and Section 11(2) of the Local Government Act.

9.06pm Council entered into Closed Session.

(11)

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 14 April 2020

9.06pm Councillor Jethi having previously declared a non-pecuniary, less significant conflict of interest left at the start of Item 12 and retired from the meeting.

ITEM-12 PROPERTY MATTER

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

THE MOTION WAS PUT AND CARRIED.

178 RESOLUTION

1. Authorise the General Manager to sign the Heads Of Agreement (Lease Proposal) as detailed in this report; and

2. Subject to finalisation of the Lease in keeping with the lease Proposal as detailed in this report and the lease be executed under seal.

OPEN COUNCIL

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR DE MASI THAT the meeting resume in Open Council.

THE MOTION WAS PUT AND CARRIED.

179 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 one (1) resolution was passed. The General Manager read out the resolution for Item 12.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 28 April 2020.

MAYOR GENERAL MANAGER

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