MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 20
February 2019
at 6:30PM
PRESENT
Councillors Ruddock (Chairman), del Gallego, Heyde, Browne,
Hutchence, Marr, Nicita, Tilbury and Waddell.
NATIONAL
ANTHEM
OPENING
PRAYER
Pastor David
Nathan of The Hive Church, Hornsby 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."
Note: The
Mayor indicated that because of an accident at the Hornsby Ausgrid substation
and the subsequent prolonged blackout in the Hornsby area on the evening of 13
February 2019, the Council Meeting that was due to be held on that evening was
postponed until (20 February 2019) tonight.
Video and AUDIO RECORDING OF COUNCIL MEETING
Statement
by the Chairperson:
"I advise all present that tonight's meeting is being video
streamed live via Council’s website and also 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 audio
and video 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
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RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Browne,
THAT the apology and request
for leave of absence from Councillor McIntosh in respect of an inability to
attend the General Meeting on 20 February 2019 be accepted and a leave of
absence be granted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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political donations disclosure
Statement
by the Chairman:
“In accordance with
Section 147 of the Environmental Planning and Assessment Act 1979, any person
or organisation who has made a relevant planning application or a submission in
respect of a relevant planning application which is on tonight’s agenda,
and who has made a reportable political donation or gift to a Councillor or
employee of the Council, must make a Political Donations Disclosure Statement.
If a
Councillor or employee has received a reportable political donation or
gift from a person or organisation who has made a relevant planning application
or a submission in respect of a relevant planning application which is on
tonight’s agenda, they must declare a non-pecuniary conflict of interests
to the meeting, disclose the nature of the interest and manage the conflict of
interests in accordance with Council’s Code of Conduct.”
declarations of interest
COUNCILLOR TILBURY declared a Less Than Significant
Non-Pecuniary Interest in relation to Item 6 – NOM1/19 Drainage
and Other Improvements at Berowra. Refer to that Item for details.
confirmation of minutes
|
RESOLVED
ON THE MOTION OF COUNCILLOR NICITA, seconded by COUNCILLOR HUTCHENCE,
THAT the Minutes of the General Meeting held on Wednesday 12
December 2018 be confirmed, a copy having been distributed to all
Councillors.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
petitionS
COUNCILLOR HEYDE tabled a petition with approximately 151
signatures in relation to issues associated with Greenway Dog Park – 36
Shepherds Drive, Cherrybrook.
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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8 MM1/19 Thanks
to All Involved In Storm Recovery Efforts
(F2004/05879-05)
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RESOLVED ON THE MOTION OF COUNCILLOR Ruddock, seconded by COUNCILLOR Tilbury,
THAT Council
acknowledge the work done by emergency response agencies in the aftermath of
the two severe storms that struck the Shire in December, including Hornsby
Shire Council’s staff, the State Emergency Service, Rural Fire Service,
Roads and Maritime Service, Ausgrid, Sydney Water and Fire and Rescue NSW.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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9 MM2/19 The
Passing of Local Resident Helen Barker
(F2004/05879-05)
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RESOLVED ON THE MOTION OF COUNCILLOR Ruddock, seconded by COUNCILLOR BROWNE,
THAT Council note the passing of local resident Helen Barker and
acknowledge her impressive contribution to the local community.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
THE MAYOR ANNOUNCED his
intention to deal with the balance of the Business Paper by the exception
method and announced the items.
Items 1 and 6 were withdrawn for discussion.
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Hutchence,
THAT the recommendations
in respect of items 2, 3, 4 and 7 be adopted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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For the sake of clarity, the above
items are recorded in Agenda sequence.
Note: Item 5 was called over
and noted.
Note: Persons wishing to
address Council on matters which were on the Agenda were permitted to speak,
prior to the item being discussed, and their names are recorded in the Minutes
in respect of that particular item.
Note: Persons wishing to
address Council on Non Agenda items were permitted to speak after all items on
the Agenda in respect of which there was a speaker from the public were
finalised by Council. Their names are recorded in the Minutes under the heading
“Public Forum – Non Agenda Items”.
GENERAL BUSINESS
Office of the General Manager
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1 GM1/19 Performance
Report December 2018 - Delivery Program 2018-21 and Quarterly Budget Review
Statement
(F2017/00322)
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Mr Joe Nagy, of
Wahroonga addressed Council regarding this Item.
RESOLVED ON THE MOTION OF
COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT:
1. The
December 2018 Performance Report showing progress of the Delivery Program
2018-21 including the 2018/19 Operational Plan and Budget be received and
noted.
2. The
Quarterly Budget Review Statement for the period ending December 2018 be
received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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Corporate Support Division
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2 CS1/19 Administration
of Council's 2020 Local Government Election
(F2019/00008)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR HUTCHENCE,
THAT based on advice received from the Office of Local
Government on 8 February 2019 via Circular No. 19-12, and a letter received
from the Electoral Commissioner on 11 February 2019, Deputy General
Manager’s Report No. CS1/19 be withdrawn from consideration at the 20
February 2019 Meeting.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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3 CS2/19 Investments
and Borrowings for 2018-19 - Status for Periods Ending 30 November 2018 and
31 December 2018
(F2004/06987-02)
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RESOLVED ON THE MOTION OF COUNCILLOR
TILBURY, seconded by COUNCILLOR HUTCHENCE,
THAT the contents of
Deputy General Manager’s Report No. CS2/19 be received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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Environment and Human Services Division
Nil
Planning Division
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4 PL1/19 Reporting
Variations to Development Standards
(F2004/07599-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR HUTCHENCE,
THAT the
contents of Group Manager’s Report No. PL1/19 be received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Nil
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Infrastructure and Recreation Division
Nil
Confidential Items
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7 CS3/19 Proposed
Lease - Telecommunications Facility at Arcadia
This report was deemed confidential, under
Section 10A (2) (c) of the Local Government Act, 1993. This report contains
information that would, if disclosed, confer a commercial advantage on a
person with whom the council is conducting (or proposes to conduct) business.
(F2015/00315)
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RESOLVED ON THE MOTION OF COUNCILLOR TILBURY,
seconded by COUNCILLOR HUTCHENCE,
THAT Council:
1. Receive
and note Confidential Deputy General Manager’s Report No. CS3/19.
2. Confirm
its resolution of the General Meeting of Council held on 13 December 2017 in
respect of Deputy General Manager’s Report No. CS47/17.
3. Authorise
the General Manager to complete negotiations with NBN Co Ltd generally
in accordance with the proposed clause 12.5 of the lease, contained within Confidential Late Item Memo No.
LM1/19.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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PUBLIC FORUM – NON AGENDA ITEMS
Mrs Barbara Watanabe, of Cherrybrook addressed Council
regarding Greenway Dog Park, Cherrybrook.
Mr Roger Woodward, of Westleigh addressed Council regarding the
2016 Federal Election.
Ms Wendy Irish, of Cherrybrook addressed Council regarding illegal
dumping in Tennyson Close, Cherrybrook.
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
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5 MN1/19 Mayor's
Notes from 1 December 2018 to 31 January 2019
(F2004/07053)
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Note: These are the functions
that the Mayor, or his representative, has attended in addition to the normal
Council Meetings, Workshops, Mayoral Interviews and other Council Committee
Meetings.
Saturday 1st
December 2018 – The Mayor attended an Informal Retirement
Morning Tea for Gwen Bitti and Nan Horne at Gumnut Community Centre in
Cherrybrook.
Saturday 1st
December 2018 – On behalf of the Mayor, Councillor Robert
Browne attended the 2018 Bushcare Christmas Party at Magpies Waitara in
Waitara.
Saturday 1st
December 2018 – On behalf of the Mayor, Councillor Nathan
Tilbury attend the Brooklyn Community Association AGM and Christmas
Celebrations at Brooklyn Community Centre, Brooklyn.
Monday 3rd
December 2018 – The Mayor attended the Official Welcome to the
Event – Activate Inclusion Sports Day hosted by Sports NSW at Hornsby
Kuring Gai Police Citizens Youth Club in Waitara.
Monday 3rd
December 2018 – The Mayor attended International Day of People
with Disabilities (Family Advocacy – Stand By Me) in Hornsby Mall,
Hornsby.
Wednesday 4th
December 2018 – On behalf of the Mayor, Councillor Warren
Waddell attended Galston High School Annual Presentation Evening held at
Galston High School, Galston.
Thursday 6th
December 2018 – The Mayor attended and was part of the Official
Party for the Cheltenham Girls High School Annual Presentation Day held in
the Concert Hall at the Sydney Opera House, Sydney.
Thursday 6th
December 2018 – The Mayor hosted the Mayor’s Christmas
Function in the forecourt of Hornsby Shire Council, Peats Ferry Road,
Hornsby.
Friday 7th
December 2018 – On behalf of the Mayor, Councillor Nathan
Tilbury attended Asquith Girls High School 2018 Annual Presentation Day held
in the Showroom of Hornsby RSL, Hornsby.
Friday 7th
December 2018 – On behalf of the Mayor, Deputy Mayor Councillor
Vince del Gallego attended Warrah Christmas Celebrations at Warrah in Dural.
Friday 7th
December 2018 – On behalf of the Mayor, Councillor Robert
Browne attended the Hornsby Ku-Ring-Gai Community College Christmas Function
held in Hornsby.
Sunday 9th
December 2018 – On behalf of the Mayor, Councillor Nathan Tilbury
attended a Thanksgiving service for the Special Religious Education Teachers
at St Luke’s Church, Hornsby Heights.
Sunday 9th
December 2018 – The Mayor attended and officially opened the
Concert of the Jingdance Ballet School in the Showroom at Hornsby RSL,
Hornsby.
Sunday 9th
December 2018 – The Mayor attended Carols at Asquith Oval in
Asquith.
Monday 10th
December 2018 – The Mayor attended Council’s Community
Recycling Centre’s (CCRC)1st Birthday Morning Tea held at
the CCRC in Thornleigh.
Tuesday 11th
December 2018 – The Mayor attended The Hills Grammar School 36th
Annual Presentation Awards held at the Darling Theatre, International
Convention Centre, Darling Harbour in Sydney.
Tuesday 11th
December 2018 – On behalf of the Mayor, Councillor Robert
Browne attended the End of Year BBQ and Christmas Celebrations of the 1st
Cherrybrook Scout Group held in Cherrybrook.
Tuesday 11th
December 2018 – On behalf of the Mayor, Deputy Mayor Councillor
Vince del Gallego attended the End of Year Dinner of the Lions Club of
Hornsby held in Turramurra.
Tuesday 11th
December 2018 – The Mayor attended Pennant Hills High School
Presentation Evening held at Pennant Hills High School in Pennant Hills.
Wednesday 12th
December 2018 – The Mayor attended the Berowra Public School
Presentation Day held at Berowra Public School, Berowra.
Thursday 13th
December 2018 – The Mayor attended the Clarke Road School
Annual Presentation Day held at Clarke Road School, Hornsby.
Thursday 13th
December 2018 – On behalf of the Mayor, Deputy Mayor Councillor
Vince del Gallego attended Normanhurst Public School Annual Presentation Day
held at Normanhurst Public School in Normanhurst.
Thursday 13th
December 2018 – On behalf of the Mayor, Councillor Warren
Waddell attended the Asquith Public Primary School Presentation Assembly held
at Asquith Public School, Asquith.
Sunday 16th
December 2018 – The Mayor attended Christmas Carols held at St
George Maronite Catholic Church in Thornleigh.
Monday 17th
December 2018 – On behalf of the Mayor, Councillor Nathan
Tilbury attended Hornsby Girls High School Annual Speech Day and Presentation
held at Sydney Town Hall, Sydney.
Monday 17th
December 2018 – The Mayor attended Asquith Boys High School 58th
Annual Presentation Evening held at Asquith Boys High School.
Tuesday 18th
December 2018 – The Mayor attended Normanhurst Boys High School
Presentation Evening held in the Showroom of Hornsby RSL, Hornsby.
Saturday 26th
January 2019 – The Mayor hosted a Citizenship Ceremony on
Australia Day 2019, at Council Chambers, Hornsby.
Saturday 26th
January 2019 – The Mayor attended and gave a speech at the
Australia Day Celebrations in Hornsby Mall, Hornsby.
Monday 28th
January 2019 – The Mayor attended the Rotary Club of Pennant
Hills Australia Day Award held at Beecroft Bowling Club in Beecroft.
CALLED OVER AND NOTED
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Notices of Motion
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6 NOM1/19 Drainage
and Other Improvements at Berowra
(F2014/00505)
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Note:
COUNCILLOR TILBURY declared a Less Than Significant Non-Pecuniary Interest in
this item under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). The nature of interest was stated
by COUNCILLOR TILBURY on the Declaration of Interest form as “I
am a member of the Berowra RSL Club whose car park (they lease from Crown
Lands) is involved with the Notice of Motion” and the explanation of why
the interest does not require further action in the circumstances was “The
interest is minor and will not prevent me from considering the item
objectively”.
RESOLVED
ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Hutchence,
THAT:
1.
Council note:
a)
The carpark in question is on Crown Land and Council does not have
care, control or management over this land.
b)
The carpark in question is traditionally used by commuters and not RSL
patrons and commuter parking is generally the purview of the State Government
and not Local Government.
c)
The Berowra RSL Club has a permissive occupancy over this land.
d)
No formal request has come from the Berowra RSL requesting
Council’s assistance to grade or fix the carpark.
e)
The terms of the permissive occupancy require Berowra RSL to
“properly maintain” the land.
f)
The terms also require the Berowra RSL not to “interfere with
the rights of the public to the use of any roads, streets, lanes or tracks
within the premises” which brings into question media reports of the
carpark being potentially closed to the public.
g)
The terms state that the permissive occupancy is valid until such time
as these (and other) conditions are not complied with.
h)
As part of their development consent, Berowra RSL is required to
provide a minimum of 41 car spaces which it does not currently adequately
provide and the carpark in question is integral to them meeting or attempting
to meet the DA parking requirements.
i)
The development consent also required the parking spaces to be sealed
to all weather standards, line marked and signposted to Council’s
satisfaction but this was unable to be done.
j)
No budget has currently been finalised or identified for Council to
complete works to the carpark in question.
2.
Notwithstanding (1) above, Council provide in principle support to
grade the carpark up to a maximum budget of $10,000 to be funded from
existing maintenance, parking or footpath budgets subject to the following:
a)
Council receiving a formal request from Berowra RSL to grade the
carpark or to assist them in doing so.
b)
Council reaching an agreement with Berowra RSL in relation to the
works and potential funding including, but not limited to, appropriate
liability indemnity agreement for Council in doing the works.
3.
Council urgently request the NSW State Government to facilitate a
co-ordinated response to the management of this Crown Land including the
provision of funds for necessary improvements to ensure that this area is
safe and accessible for the many commuters, shoppers and school children that
need to use the area.
4.
Council urgently request the NSW State Government to review public
transport linkages, specifically the relationship and timetabling between the
buses and the trains to encourage more people to catch public transport and
not drive to the station.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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Supplementary Reports
Nil
MATTERS OF URGENCY
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR TILBURY,
THAT Councillor Hutchence be
permitted to raise a Matter of Urgency regarding storm events and emergency preparedness.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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10 MOU1/19 Storm
Events and Emergency Preparedness
(F2004/05879-05 )
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Tilbury,
THAT:
1.
Council write to the Premier of NSW, seeking
her support to urge the insurance companies to devote the necessary resources
to address the outstanding insurance claims in the affected areas in an
expedited manner.
2.
Council issue public statements on this issue,
and urge all insurance companies to take steps to ‘make safe’
affected properties, so that homes and businesses are not further damaged in
subsequent weather events as they await reconstruction works.
3.
Following an already proposed event de-brief
that would include representatives from all relevant agencies, Council
provide a detailed report as to how we could better support our community
through such events in the future in the following ways:
·
Providing clear advice to the community about
Council’s limited role in emergency response situations, most
particularly in regards to clear messaging about waste handling.
·
Updating the emergency information page on
Council’s website, making it readily accessible via the homepage and
include some downloadable fact sheets for use by residents in emergency
situations, and
·
Devoting resources to mobilising both
Council’s website and social media during emergency situations to
provide much needed accurate and up to date information to residents,
advising them of the appropriate avenues for support.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
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QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 7:29pm.
These Minutes were confirmed at the meeting held on Wednesday
13 March 2019, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________
