MINUTES OF Extraordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday 22
November 2017
at 6:31pm
PRESENT
Councillors Ruddock (Chairman), Browne, del Gallego, Heyde,
Hutchence, Marr, McIntosh, Nicita, Tilbury and Waddell.
NATIONAL
ANTHEM
OPENING
PRAYER
The Mayor
opened the meeting in prayer.
Acknowledgement
of RELIGIOUS DIVERSITY
Statement by the Chairman:
"We recognise our Shire's rich cultural
and religious diversity and we acknowledge and pay respect to the beliefs of
all members of our community, regardless of creed or faith."
ABORIGINAL
RECOGNITION
Statement by the Chairman:
"We acknowledge we are on the
traditional lands of the Darug and Guringai Peoples. We pay our respects
to elders past and present."
AUDIO
RECORDING OF COUNCIL MEETING
Statement by the Chairman:
"I advise all present that tonight's meeting is being audio
recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process,
broadening knowledge and participation in community affairs, and demonstrating
Council’s commitment to openness and accountability. The recordings of the non-confidential parts of the
meeting will be made available on Council’s website once the Minutes have
been finalised. All speakers are requested to ensure their comments are
relevant to the issue at hand and to refrain from making personal comments or
criticisms. No other persons are permitted to record the meeting,
unless specifically authorised by Council to do so.”
APOLOGIES
/ leave of absence
Nil
political donations disclosure
Nil
declarations of interest
Nil
confirmation of minutes
petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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1 MM19/17 Independent
Hearing and Assessment Panels
(F2013/00295)
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MOVED ON THE MOTION OF COUNCILLOR
RUDDOCK, seconded by COUNCILLOR BROWNE,
THAT:
1. Council
write to the Hon. Anthony Roberts, Minister for Planning seeking an urgent
meeting to:
a) Discuss
concerns that the establishment of a mandatory Independent Hearing and Assessment
Panel for Hornsby Shire would take the responsibility for decision making out
of the hands of Councillors who have been elected to represent the views of
the local community.
b) Suggest
that where panels are established, this should be at the discretion of the
council with their structure determined in response to the unique
characteristics of the local government area and the expectations of the
local community.
2. Council
write to local State and Federal members advising them of Council’s
resolution and seeking their support and assistance in the implementation of
the above action and facilitating discussions with the State Government.
AN AMENDMENT
WAS MOVED BY COUNCILLOR TILBURY,
THAT Council:
1.
Reaffirm its intention to establish a stand-alone Independent Hearing
and Assessment Panel (IHAP) for Hornsby Shire as such a panel would provide a
range of benefits including elevating the role of Council to focus on
strategic planning that delivers on community goals and priorities; greater
integrity in the development assessment process by facilitating specialist
input in the determination of applications; and facilitating transparency and
community representation to reduce the risk of corruption and bias in
decision making.
2.
Make a submission to the Department of Planning and Environment on the
draft documents for the operation of IHAPs requesting that they address the
matters raised in Council’s previous submission including cost recovery
for the operation of the panel and opportunity to refer additional matters of
public interest to the panel.
DUE TO A LACK OF SECONDER, THE AMENDMENT MOVED BY
COUNCILLOR TILBURY LAPSED.
THE MOTION MOVED BY COUNCILLOR RUDDOCK, seconded by
COUNCILLOR BROWNE WAS PUT AND CARRIED
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock and
Waddell
AGAINST: councillor
Tilbury
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3 MM20/17 Appointment
to Panel to Review Religious Freedom Laws
(F2012/00820)
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MOVED ON
THE MOTION OF COUNCILLOR Ruddock,
seconded by COUNCILLOR TILBURY,
THAT the contents of Mayoral Minute No.
MM20/17 be received and noted.
AN AMENDMENT WAS MOVED BY COUNCILLOR MCINTOSH, seconded by COUNCILLOR HEYDE
THAT:
1.
The contents of Mayoral Minute No. MM20/17 be received and noted
2.
A confidential discussion be held with all Councillors and senior
staff as a matter of urgency regarding the ramifications of the Mayor’s
recent appointment to the Panel, given Council’s current financial and
legal situation with the City of Parramatta Council and the NSW State
Government;
3.
A further Mayoral Minute be tabled at the 13 December 2017 Council
Meeting providing detailed information as to the scope and requirements of
this appointment and its likely impact upon Hornsby Shire Council, with
particular reference to both our current legal and financial requirements and
the appointment of our new General Manager.
the amendment moved
by councillor mcintosh, seconded by
councillor heyde was put and lost.
FOR: Councillors
Heyde, McIntosh, Nicita AND Marr
AGAINST: councillors
Browne, Del Gallego, Hutchence, Ruddock, Tilbury and Waddell
THE MOTION MOVED BY COUNCILLOR RUDDOCK, seconded by
COUNCILLOR TILBURY WAS PUT AND CARRIED
FOR: councillors
Browne, Del Gallego, Hutchence, Ruddock, Tilbury and Waddell
AGAINST: Councillors
Heyde, McIntosh, Nicita AND Marr
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GENERAL BUSINESS
Office of the General Manager
Nil
Corporate Support Division
Nil
Environment and Human Services Division
Nil
Planning Division
Nil
Infrastructure and Recreation Division
Nil
Confidential Items
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by
COUNCILLOR HUTCHENCE
THAT Council move in to Confidential Session to consider
Item 2, for the reasons given below the item.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury
and Waddell
AGAINST: Nil
___________________________
RESOLVED ON THE MOTION OF COUNCILLOR BROWNE, seconded by
COUNCILLOR HUTCHENCE
THAT Council move out of
Confidential Session.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury
and Waddell
AGAINST: Nil
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2 GM3/17 Legal
Proceedings Update
This report was dealt with in confidential
session, under Section 10A (2) (g) of the Local Government Act, 1993. This
report contains advice concerning litigation, or advice that would otherwise
be privileged from production in legal proceedings on the ground of legal
professional privilege.
(F2016/00007)
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR HUTCHENCE,
THAT:
1. The
contents of Confidential General Manager’s Report No. GM3/17 and
Confidential Late Items Memo No. LM9/17 be received and noted.
2. Council
note that the City of Parramatta Council has commenced legal action against
Hornsby Shire Council in respect of monies and information associated with
the former Hornsby Shire Council area south of the M2 Motorway.
3. The
Acting General Manager be authorised to defend the legal action brought
against Hornsby Shire Council by the
City of Parramatta Council.
4. It
be noted that Council has attempted to, and remains open to, negotiate with
the City of Parramatta Council in respect of monies and information
associated with the former Hornsby Shire Council area south of the M2
Motorway.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
Nil
Notices of Motion
Nil
Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 7.31pm.
These Minutes were confirmed at the meeting held on Wednesday
13 December 2017, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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