MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 10
April 2019
at 6:30PM
PRESENT
Councillors Ruddock (Chairman), del Gallego, Heyde,
Hutchence, Marr, McIntosh, Nicita, Tilbury and Waddell.
Note: Councillor del Gallego
arrived at 6.40pm. He was not present for discussion or voting on Apologies /
Leave of Absence.
NATIONAL
ANTHEM
OPENING
PRAYER
Pastor Renzo Munster of Christian Pentecostal Church, Waitara and Imam Saleh
Gahit of The Hills District Muslim Society opened the meeting in prayers.
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."
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
RESOLVED ON THE MOTION OF COUNCILLOR Nicita, seconded by COUNCILLOR
MCINTOSH,
THAT the apology and request for leave of absence from
Councillor Browne in respect of an inability to attend the General Meeting on
10 April 2019 be accepted and a leave of absence be granted.
FOR: Councillors
Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Nil
|
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
Nil
confirmation of minutes
RESOLVED ON THE MOTION OF COUNCILLOR NICITA,
seconded by COUNCILLOR TILBURY,
THAT the
Minutes of the General Meeting held on Wednesday 13 March 2019 be confirmed,
a copy having been distributed to all Councillors.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
1 MM3/19 Local
Indigenous Issues
(F2005/01147-002)
|
Ms Dorothy Babb, on
behalf of the Hornsby Area Residents for Reconciliation addressed Council
regarding this item.
Mr Bob White, on behalf of the Hornsby Area Residents for
Reconciliation addressed Council regarding this item.
Mr Martin Pluss, of Pennant Hills addressed Council
regarding this item.
Mrs Beverley Inshaw, of Galston addressed Council
regarding this item.
Mrs Mariko Smith, on behalf of Hornsby Aboriginal and
Torres Strait Islander Consultative Committee addressed Council regarding
this item.
Ms Monica Tan, on behalf of the Hornsby Greens addressed
Council regarding this item.
Mr Mike Funnell, of Cheltenham addressed Council regarding
this item.
Ms Justine Smillie, of Galston addressed Council regarding
this item.
RESOLVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by
COUNCILLOR HEYDE,
THAT Council:
1. Acknowledge the Darug and Guringai Peoples as the Traditional
Owners of the Country in the Shire of Hornsby Local Government Area, paying
respect to their ongoing spiritual and cultural connections.
2. Acknowledge the significance of the Statement from the Heart
as an important piece of writing and gathering of our First Nations Peoples, which Council’s
Hornsby Aboriginal and Torres Strait Islander Consultative Committee
(HATSICC) advises clearly expressed Aboriginal and Torres Strait Islander
Peoples’ visions towards truth and reconciliation.
3. Acknowledge the challenges in the Statement from the Heart
and call on the State and Federal Governments to rise to these challenges in
consultation with Aboriginal and Torres Strait Islander communities.
4. Acknowledge the Recommendations made in the Federal
Parliamentary Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres
Strait Islander Peoples’ Final Report, in particular:
·
In respect of Recommendation 1:
Supporting the Australian Government's process of co-design with Aboriginal
and Torres Strait Islander Peoples for "the Voice", in regards to
its local elements.
·
In respect of Recommendation 3:
Supporting the process of truth-telling at a local level, which could include
cooperation between Council and local organisations, communities, libraries,
historical societies, and Aboriginal and Torres Strait Islander associations.
5. Commit to reviewing its relevant policies, strategies, and
operational procedures, and consider the practical implementations of this resolution, in consultation with HATSICC.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
10 MM4/19 Displaying
of Election Material
(F2012/00820)
|
MOVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by
COUNCILLOR HUTCHENCE,
THAT:
1. Where
political advertising is displayed on public/Council owned land, Council
officers contact the relevant political party or independent candidate and
request the removal of such material.
2. Council
develop a policy regarding the management of political advertising material
where it appears on public/Council land.
3. The
policy also consider the management of unauthorised commercial advertising
material on public/Council owned or managed land.
The motion moved by
councillor RUDDOCK, seconded by COUNCILLOR NICITA, WAS PUT AND LOST.
FOR: Councillors
Hutchence, Ruddock and Tilbury
AGAINST: Councillors
Del Gallego, Heyde, Marr, McIntosh, Nicita and Waddell
|
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 2, 3 and 5 were withdrawn
for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR McIntosh,
THAT the recommendations in respect of items 4, 6, 8 and 9
be adopted.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
For the sake of clarity, the above
items are recorded in Agenda sequence.
Note: Item 7 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.
GENERAL BUSINESS
Office of the General Manager
2 GM3/19 Code
of Conduct and Procedures - Adoption of New Model Codes
(F2005/00156)
|
Ms Jan Primrose,
of Berowra addressed
Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. The
Code of Conduct for Councillors; Code of Conduct for Council Staff; Code of
Conduct for Council Committee Members, Delegates of Council and Council
Advisers; and Procedures for the Administration of the Code of Conduct
attached to General Manager’s Report No. GM3/19 be adopted and take
effect immediately, subject to the following wording being inserted at part
b) of the additional clause titled “Use of Social Media” within
each of the respective Codes of Conduct:
b) contains
content about or concerning the council that is false, misleading or
deceptive.
2. The
General Manager be authorised to prepare a Code of Conduct for Contractors
and Code of Conduct for Advisory Committee Members based on wording from the
Codes of Conduct adopted at point 1 above.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
3 GM4/19 Draft
Delivery Program 2019-21 Including the Operational Plan and Budget, and Fees
and Charges 2019/20 - Adoption of Documents for Public Exhibition
(F2019/00075)
|
Ms Jan Primrose,
of Berowra addressed
Council regarding this item.
MOVED ON THE MOTION OF
COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
adopt for public exhibition and make available for public comment from 11
April to 13 May 2019, the draft Delivery Program 2019-21 including the
draft Operational Plan 2019/20 which includes the draft Budget, Fees and
Charges and Rating Structure for 2019/20.
2. Council
note that the rating information contained in the Delivery Program 2019-21
including the draft Operational Plan 2019/20 is in line with the Independent
Pricing and Regulatory Tribunal’s rate increase approval for NSW
councils (i.e. a 2.7% rate increase for 2019/20).
3. Following
the public exhibition period, and before 30 June 2019, a further report be
prepared for Council’s consideration which provides details of any
submissions received and recommends the adoption of a final Delivery Program
2019-21 including the Operational Plan 2019/20, which contains the Budget,
Fees and Charges and Rating Structure for that year.
AN AMENDMENT WAS MOVED BY COUNCILLOR DEL GALLEGO, seconded
by COUNCILLOR HEYDE,
THAT:
1. Council
adopt for public exhibition and make available for public comment from 11
April to 13 May 2019, the draft Delivery Program 2019-21 including the
draft Operational Plan 2019/20 which includes the draft Budget, Fees and
Charges and Rating Structure for 2019/20, subject to point 4 below.
2. Council
note that the rating information contained in the Delivery Program 2019-21
including the draft Operational Plan 2019/20 is in line with the Independent
Pricing and Regulatory Tribunal’s rate increase approval for NSW
councils (i.e. a 2.7% rate increase for 2019/20).
3. Following
the public exhibition period, and before 30 June 2019, a further report be
prepared for Council’s consideration which provides details of any
submissions received and recommends the adoption of a final Delivery Program
2019-21 including the Operational Plan 2019/20, which contains the Budget,
Fees and Charges and Rating Structure for that year.
4. The
key initiative 3H.1 Economic Development and Tourism Strategy within the
Delivery Program be renamed to read 3H.1 Economic Development Strategy, as
per the accelerated LEP
review program.
A
FORESHADOWED AMENDMENT WAS MOVED BY COUNCILLOR HUTCHENCE,
THAT:
1. Council
adopt for public exhibition and make available for public comment from 11
April to 13 May 2019, the draft Delivery Program 2019-21 including the
draft Operational Plan 2019/20 which includes the draft Budget, Fees and
Charges and Rating Structure for 2019/20.
2. Council
note that the rating information contained in the Delivery Program 2019-21
including the draft Operational Plan 2019/20 is in line with the Independent
Pricing and Regulatory Tribunal’s rate increase approval for NSW councils
(i.e. a 2.7% rate increase for 2019/20).
3. Following
the public exhibition period, and before 30 June 2019, a further report be
prepared for Council’s consideration which provides details of any
submissions received and recommends the adoption of a final Delivery Program
2019-21 including the Operational Plan 2019/20, which contains the Budget,
Fees and Charges and Rating Structure for that year.
4. Council confirm its intent in relation to the Economic Development and
Tourism Strategy as indicated in the accelerated LEP review program and
confirm its intent of supporting tourism in the Hornsby Shire.
THE AMENDMENT, MOVED BY COUNCILLOR DEL GALLEGO, seconded BY
COUNCILLOR HEYDE WAS PUT AND LOST.
FOR: Councillors
Del Gallego, Heyde and Nicita
AGAINST: Councillors
Hutchence, Marr, McIntosh, Ruddock, Tilbury and Waddell
tHE FORESHADOWED
AMENDMENT MOVED BY COUNCILLOR HUTCHENCE was seconded by COUNCILLOR
MCINTOSH, THEREBY BECOMING THE AMENDMENT WHICH WAS PUT AND CARRIED.
FOR: Councillors
Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Councillor
Del Gallego
THE AMENDMENT
THEREBY BECAME THE MOTION, WHICH WAS PUT AND CARRIED.
FOR: Councillors
Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell
AGAINST: Councillor
Del Gallego
|
Corporate Support Division
4 CS8/19 Review
of Council's Code of Meeting Practice
(F2004/07032)
|
RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
adopt the draft Code of Meeting Practice attached to Deputy General
Manager’s Report No. CS8/19 for the purpose of public exhibition.
2. In
line with the requirements of the Local Government Act, the public exhibition
be for a period of 28 days, with a period of 42 days allowed for the
lodgement of submissions by members of the public.
3. At
its 12 June 2019 General Meeting, Council consider a further report on this
matter which details any submissions received and proposes the adoption of a
final Code of Meeting Practice.
fOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
5 CS9/19 Investments
and Borrowings for 2018/19 - Status for Period Ending February 2019
(F2004/06987-02)
|
RESOLVED ON THE
MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR MCINTOSH,
THAT the contents of
Deputy General Manager’s Report No. CS9/19 be received and noted.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
Community and Environment Division
Nil
Planning and Compliance Division
6 PL3/19 Hornsby
Shire Population Projections 2016-2036
(F2018/00162-02)
|
RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT Council endorse
the Hornsby Shire Population Projections 2016-2036 (accessible via Council
website at https://forecast.id.com.au/hornsby) and the
associated Report attached to Group Manager’s Report No. PL3/19, as a
data set to inform the draft Local Strategic Planning Statement and the
provision of services across the organisation.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
Infrastructure and Major Projects Division
Nil
Confidential Items
8 EH2/19 Waste
Collection Contract Extension and Variation
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.
(F2004/08814-011)
|
RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT pursuant to
Section 55(3) of the Local Government Act 1993, Council authorise the General
Manager to negotiate variations to the existing Waste Collection Service
Contract (T52/2008) in accordance with the recommendations contained in
Confidential Group Manager’s Report No. EH2/19 on the basis that
extenuating circumstances exist and a satisfactory result would not be
achieved by Council inviting tenders for the proposed variations for reasons
as outlined in Confidential Group Manager’s Report No. EH2/19.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
9 EH3/19 Waste
Disposal Service Contract Extension and Variation
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.
(F2004/08767)
|
RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
note that an existing 12 month contract extension option, at Council’s
sole discretion, will be taken up under the current contract terms and
conditions to the Waste Disposal Service Contract (RFT3/2015).
2. Pursuant
to Section 55(3) of the Local Government Act 1993, Council authorise the
General Manager to negotiate a variation to the existing Waste Disposal Service
Contract (RFT3/2015) in accordance with the recommendations contained in the
Confidential Group Manager’s Report No. EH3/19 on the basis that
extenuating circumstances exist and a satisfactory result would not be
achieved by Council inviting tenders for the proposed variations for reasons
as outlined in Confidential Group Manager’s Report No. EH3/19.
FOR: Councillors
Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and
Waddell
AGAINST: Nil
|
PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
7 MN3/19 Mayors
Notes from 01 March - 31 March 2019
(F2004/07053)
|
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
|
Friday 1st March 2019 – The Mayor attended
the Seven News Young Achiever Awards Gala Presentation Dinner held at Doltone
House, Darling Island, Pyrmont.
Saturday 2nd March 2019 – The Mayor attended
the ART NORTH at Grace Cossington Smith Gallery at Abbotsleigh Girls School
in Wahroonga.
Saturday 2nd March 2019 – On behalf of the
Mayor, Councillor Hutchence attend the 1st Cherrybrook Scouts
‘Movies Under The Stars’ held on John Purchase Oval in
Cherrybrook.
Tuesday 5th March 2019 – On behalf of the
Mayor, Councillor Tilbury attended the International Women’s Day
Breakfast held at Asquith Girls High School in Asquith.
Tuesday 5th March 2019 – The Mayor attended
the Launch of the Fusion Street Library and Free Little Pantry on Jersey
Street in Hornsby.
Wednesday 6th March 2019 – The Mayor hosted
two Citizenship Ceremonies in the Council Chambers and attended the International
Women’s Day Breakfast held at Asquith Girls High School in Asquith.
Friday 8th March 2019 – On behalf of
the Mayor, Councillor Tilbury attended the Hornsby and Ku-ring-Gai
Women’s Shelter Annual Fundraising Dinner held at Hornsby RSL in
Hornsby.
Monday 18th March 2019 - The Mayor attended
the Commissioning of Christopher Bradbury as Principal of Northholm Grammar
School at Northholm Grammar School in Arcadia.
Tuesday 19th March 2019 – The Mayor
attended the 55th Beecroft Cheltenham Civic Trust AGM held at Beecroft
Bowling Club in Beecroft.
Wednesday 20th March 2019 – The Mayor
hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire
Council.
Sunday 24th March 2019 – The Mayor
attended the 50th Garden Party Celebrations of Warrah at The Warrah School in
Dural.
Saturday 30th March 2019 – On behalf
of the Mayor, Councillor Waddell attended the 50th Anniversary of
the Hornsby Ku-ring-gai Sailing Club on Dead Horse Beach in Brooklyn.
CALLED OVER AND NOTED
|
Notices of Motion
Nil
Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
11 QWN1/19 Pedestrian Crossing - Beecroft Place Carpark
(F2005/00165)
|
COUNCILLOR HEYDE asked the Deputy General
Manager, Infrastructure and Major Projects Division:
1.
How many complaints were received by Council in relation to the
pedestrian crossing across the driveway that forms the entrance to the
Beecroft Place carpark on Hannah Street, Beecroft?
2. What consultation
was undertaken with residents of Beecroft and Cheltenham about the intention
to remove that pedestrian crossing?
3. What notice was
given to residents about the removal and how much time ahead of the removal
was that notice given?
4. What plans are there
to ensure the safety of pedestrians on Hannah Street footpath now that the
pedestrian crossing has been removed?
|
THE MEETING terminated at 8:10pm.
These Minutes were confirmed at the meeting held on Wednesday
8 May 2019, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________