RESOLVED ON THE MOTION OF COUNCILLOR NICITA, seconded by COUNCILLOR Hutchence,

THAT the apology and request for leave of absence from Councillors Browne, McIntosh, and Waddell in respect of an inability to attend the General Meeting on 12 June 2019 be accepted and a leave of absence be granted.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

RESOLVED ON THE MOTION OF COUNCILLOR NICITA, seconded by COUNCILLOR TILBURY,

THAT the Minutes of the General Meeting held on Wednesday 8 May 2019 be confirmed, a copy having been distributed to all Councillors.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

15               MM6/19       Emergency Services Levy Increase

(F2004/06613)

RESOLVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by COUNCILLOR TILBURY

THAT:

1.         Council note:

a)         In December 2018, the NSW Government enacted laws to provide better workers compensation coverage for firefighters who are diagnosed with one of 12 specific work-related cancers.

b)         In many areas of NSW, including Hornsby Shire, fire services include elected officials and staff members of local government. Local governments strongly support this expanded workers compensation scheme.

c)         As a result of the workers compensation changes, the NSW Government has decided to implement the new scheme by charging local government an increased Emergency Service Levy (ESL).

d)         The expected increase in costs to NSW local governments for the ESL will be $19 million in the first year alone, and there is little or no time to enshrine this charge in councils’ 2019/20 budgets without impacting on council services.

2.         The Mayor write to the Premier; Minister for Emergency Services; Minister for Local Government; and local State Members and call upon the NSW Government to:

a)         Fund the first 12 months of the extra ESL cost rather than requiring Council to find the funds at short notice when budgets have already been allocated.

b)         Work with local governments to redesign the implementation of the ESL scheme to ensure it is fairer for councils and communities into the future.

3.         A copy of the Mayor’s letters detailed in 2. above be provided to Local Government NSW for information.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR NICITA,

THAT the recommendations in respect of items 3, 7, 8, 10 and 11 be adopted.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

1                 GM8/19       Adoption of Council's Delivery Program 2019-21 Including the Operational Plan 2019/20 (Incorporating the Budget, Rating Structure and Fees and Charges)

(F2019/00075)

Mr Frank Rayner, of Cheltenham addressed Council regarding this item.

Reverend Gav Poole, of Cherrybrook addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MARR,

THAT:

1.         Subject to incorporation of the recommendations detailed in Tables 1A and 1B and the Budget section of General Manager’s Report No. GM8/19, Council adopt the Delivery Program 2019-21 including the Operational Plan 2019/20, incorporating the Budget, Fees and Charges and Rating Structure for 2019/20.

2.         Council make and levy the 2019/20 Ordinary Rates in accordance with Table 2; and the 2019/20 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of General Manager’s Report No. GM8/19.

3.         Council write to those who have made submissions thanking them for their comments.

4.         Council adopt for public exhibition a variation to the 2019/20 Fees and Charges relating to a new Community Meeting Room at Cheltenham Oval, adding fees for Regular hire at $18ph and Casual hire at $24ph. Following the public exhibition period, and if any submissions are received objecting to the fees, a further report be prepared for Council’s consideration.

5.         A Councillor Workshop/s be convened before the end of this year to discuss:

            a)         Alternative funding opportunities to maintain Council’s footpath improvement program at the Long Term Financial Plan agreed levels and to fund other unfunded projects. Options for alternative funding include contributions from the NSW State Government or its Departments, adjoining councils, other community grant programs or through improved cost recovery.

            b)         The 2020/21 and 2021/22 footpath improvement program so that Councillors can discuss any footpath projects they may wish to include and/or substitute in the programs, such as the footpath link in Barnetts Road, Berowra.

6.         Council write to the State Government making it clear that the loss of the land south of the M2 Motorway to The City of Parramatta Council means that there are a number of substantial unfunded projects in Council’s delivery program 2019-21, including the operational plan 2019-20, and that Council looks forward to a resolution of the situation so that it is ‘no worse off’ as a result of the change in boundaries.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

2                 CS13/19      Council's Code of Meeting Practice - Adoption Following Public Exhibition

(F2004/07032)

Ms Jan Primrose, of Berowra addressed Council regarding this item.

MOVED ON THE MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR NICITA,

THAT:

1.         The contents of Deputy General Manager’s Report No. CS13/19 be received and noted.

2.         Council adopt the Code of Meeting Practice attached to Deputy General Manager’s Report No. CS13/19 to apply from its 24 July 2019 General Meeting.

3.         Council hold a workshop on the protocols surrounding the acknowledgement of religious diversity at Council General Meetings so that Councillors can consider and discuss issues, including but not limited to the appropriateness of inviting leaders of faith communities to offer prayers in public meetings of Council; the ways in which representatives of faith communities are sought and invited to lead prayers; and the frequency with which various faith communities are invited to lead prayers.

Note:  During the debate on this motion, and following the moving of an alternate motion by Councillor Tilbury, the Mayor advised that Councillor Heyde had agreed to withdraw her motion and second Councillor Tilbury’s alternate motion.

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR HEYDE,

THAT:

1.         The contents of Deputy General Manager’s Report No. CS13/19 be received and noted.

2.         Council adopt the Code of Meeting Practice attached to Deputy General Manager’s Report No. CS13/19 to apply from its 24 July 2019 General Meeting.

3.         Council confirm the protocols discussed in Deputy General Manager’s Report No. CS13/19 in respect of the Acknowledgement of Religious Diversity at Council General Meetings.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

3                 CS15/19      Local Government Remuneration Tribunal - 2019 Report and Determination - Mayor and Councillor Fees - 2019/20 Financial Year

(F2004/09552-02)

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT:

1.         As a consequence of the 2019 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Medium Category of NSW councils for the period 1 July 2019 to 30 June 2020.

2.         In accordance with Section 248 of the Local Government Act, and having considered the 2019 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $25,790 be paid to each Councillor for the period 1 July 2019 to 30 June 2020.

3.         In accordance with Section 249 of the Local Government Act, and having considered the 2019 Report and Determination of the Local Government Remuneration Tribunal, an additional annual fee of $68,530 be paid to the Mayor for the period 1 July 2019 to 30 June 2020.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

4                 CS16/19      Investments and Borrowings for 2018-19 -  Status for Period Ending 30 April 2019

(F2004/06987-02)

RESOLVED ON THE MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR HUTCHENCE,

THAT the contents of Deputy General Manager’s Report No. CS16/19 be received and noted.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

5                 CS19/19      Debts to be Written Off - 2018/19 Financial Year

(F2004/06978-02)

RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR TILBURY,

THAT for 2018/19, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off the Madbin Pty Ltd debt of $3,865 (as detailed in Schedule A attached to Deputy General Manager’s Report No. CS19/19).

2.         Note debts considered bad totalling $8,735 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Deputy General Manager’s Report No. CS19/19).

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

6                 EH6/19        Byles Creek Land Acquisition Review

(F2011/00854)

Mr Ross Walker, on behalf of the Beecroft Cheltenham Civic Trust addressed Council regarding this item.

Mrs Patricia Brown, on behalf of the Byles Creek Valley Union Inc. addressed Council regarding this item.

Ms Robyn Smith, of Beecroft addressed Council regarding this item.

Ms Jan Primrose, of Berowra addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR HUTCHENCE,

THAT Council review the Byles Creek Catchment Land Acquisition Strategy as part of the broader review of Council’s Local Environment Plan.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

7                 EH5/19        Re-establishment and Extension of the Alcohol-free Zone in Hornsby Town Centre

(F2014/00221-006)

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT Council:

1.         Pursuant to Section 644B(4) of the Local Government Act 1993 (the Act), re-establish the alcohol-free zone (AFZ) for the Hornsby Town Centre (HTC) with the added inclusion of all HTC public roads, footpaths and public car parks not previously included as shown in Attachment 1 of Director’s Report No. EH5/19, for a period of four years.

2.         Pursuant to Section 645(3) of the Act, publish notice in the local media declaring that an AFZ has been established and will commence operation seven days from the date of publication for a period of four years.

3.         Pursuant to Section 644C (3) of the Act, ensure appropriate signage at the gateways of the zone and at suitable intervals within the zone, stating that drinking of alcohol is prohibited in the zone and specifying the period for which the AFZ is to operate.

4.         Pursuant to Section 645 of the Act, suspend the AFZ for community events for up to 100 hours per annum during the four-year period, subject to positive evaluation of each event’s community benefits and safety by the General Manager or their delegate, and to police liaison and public notice of the suspension prior to each event.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

8                 EH7/19        Catchments Remediation Rate (CRR) Program Expenditure Review 31 December 2018 - Progress Report

(F2005/00829-03)

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT the contents of Director’s Report No. EH7/19 be received and noted.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

9                 PL16/19      Voluntary Planning Agreement - 50A Duffy Avenue, Thornleigh

(DA/510/2018)

RESOLVED ON THE MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR TILBURY,

THAT the Voluntary Planning Agreement attached to Director’s Report No. PL16/19 be endorsed.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

10               PL17/19      Further Report on Establishing a Design Excellence Panel

(F2014/00312-002)

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT Council:

1.         Establish a Hornsby Design Excellence Panel.

2.         Adopt the Terms of Reference attached to Director’s Report No. PL17/19 for the Design Excellence Panel.

3.         Undertake an Expression of Interest process to appoint appropriate members to the Design Excellence Panel.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

11               CS18/19      Purchase of Land at Dangar Island for Public Recreation

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.

(F2016/00357)

RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT:

1.         Council approve the purchase of Lot 1 DP 537659 being 149 Riverview Avenue, Dangar Island for the purchase price detailed in Confidential Deputy General Manager’s Report No. CS18/19

2.         The General Manager be authorised to negotiate final terms and conditions for the Contract and to execute any documents in relation to this purchase as deemed appropriate by Council’s legal advisers.

3.         In the absence of the General Manager, or as legally required, Council authorise the use of its Seal on any documents in relation to this purchase as deemed appropriate by Council’s legal advisers.

4.         On completion of the acquisition, the property be classified as “Community Land” pursuant to Section 31 of the Local Government Act, 1993.

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil

12               MN5/19       Mayor's Notes from 01 May to 31 May 2019

(F2004/07053)

Wednesday 1^st May 2019 – The Mayor hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council.

Friday 3^rd May 2019 – The Mayor attended the School ANZAC Service at Galston High School in Galston.

Saturday 4^th May 2019 – The Mayor attended the opening night for the Wallarobba Arts and Cultural Centre’s contribution to the National Head On Photography Festival at Wallarobba Arts and Cultural Centre in Hornsby.

Saturday 4^th May 2019 – The Mayor attended the School Production of ‘Mikado’ (performed by Normanhurst Boys High School and Hornsby Girls High School students) at Normanhurst Boys School in Normanhurst.

Saturday 11^th April 2019 – The Mayor attended the School Production of Mary Poppins (performed by Pacific Hills Christian College students) at Pacific Hills Christian School in Dural.

Monday 13^th May 2019 – The Mayor attended the Beecroft Rotary Pride of Workmanship Awards held at Pennant Hills Bowling Club in Pennant Hills.

Wednesday 15^th May 2019 – The Mayor hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council.

Thursday 16^th May 2019 - On behalf of the Mayor, Councillor Browne attended the second opening night for the Wallarobba Arts and Cultural Centres’ contribution to the National Head On Photography Festival held at Wallarobba Arts and Cultural Centre in Hornsby.

Thursday 16^th May 2019 – On behalf of the Mayor, Deputy Mayor, Councillor del Gallego attended the official re-opening of Greenway Park’s Top Oval at Greenway Park in Cherrybrook.

Sunday 19^th May 2019 – On behalf of the Mayor, Deputy Mayor, Councillor del Gallego attended the Epping Scout Group’s Annual Report Presentation held at Epping Scout Hall in Epping.

Monday 20^th May 2019 – The Mayor attended the Cancer Council ‘Biggest Morning Tea’ held at Hornsby Library in Hornsby.

Tuesday 21^st May 2019 – The Mayor attended the Thanksgiving Service, ‘40 Years of Gods Goodness’ at Pacific Hills Christian School in Dural.

Wednesday 22^nd May 2019 – The Mayor attended the Hornsby Ku-ring-Gai Women’s Shelter Thank You Volunteer Evening held at Asquith Leagues Club in Waitara.

Thursday 23^rd May 2019 – The Mayor attended Pacific Hills Christian School 40^th Anniversary Dinner at Bivianos in Dural.

Friday 24^th May 2019 – The Mayor attended the Play Plan Consultation Process held at Beecroft Playgroup in Beecroft.

Friday 24^th May 2019 – The Mayor attended the official opening of a new community space on The Esplanade in Thornleigh.

Sunday 26^th May 2019 – The Mayor attended the Pennant Hills Primary School Fete held at Pennant Hills Primary School in Pennant Hills.

Friday 31^st May 2019 – On behalf of the Mayor, Councillor Browne attended and officially opened the ‘Children’s Voices for Reconciliation’ Concert being held at Hornsby Mall in Hornsby.

Friday 31^st May 2019 – On behalf of the Mayor, Deputy Mayor, Councillor del Gallego attended and officially opened Remagine - an Art competition and exhibition promoting the concept of Reduce, Reuse and Recycle at Wallarobba Arts and Cultural Centre in Hornsby.

Friday 31^st May 2019 – On behalf of the Mayor, Councillor Nicita attended the Inala Annual Arts Exhibition held at Inala in Cherrybrook.

CALLED OVER AND NOTED

13               NOM6/19     Managing Discharge into the Hawkesbury River and Estuaries

(F2004/09488-07)

Ms Jill Gleave, on behalf of the Berowra Waters Progress Association addressed Council regarding this item.

Ms Sharon Haworth, on behalf of the Berowra Waters Progress Association addressed Council regarding this item.

Mr Graeme Plummer, on behalf of the Berowra Waters Progress Association addressed Council regarding this item.

MOVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA,

THAT:

1.         A Councillor Workshop be held to discuss updating and renewing Council’s program of inspection of river properties for compliance with relevant standards relating to sewage and stormwater discharge into the Hawkesbury River and estuaries.

2.         The Workshop should consider:

            a)         How an education and awareness program should precede a program of compliance inspections including how community engagement and support can be established.

            b)         The resource and funding implications including potential grants or other income sources that can support this program.

AN AMENDMENT WAS MOVED BY COUNCILLOR HUTCHENCE seconded by COUNCILLOR MARR,

THAT:

1.         A Councillor Workshop be held to discuss updating and renewing Council’s program of inspection of river properties for compliance with relevant standards relating to sewage and stormwater discharge into the Hawkesbury River and estuaries.

2.         The Workshop should consider:

            a)         How an education and awareness program should precede a program of compliance inspections including how community engagement and support can be established.

            b)         The resource and funding implications including potential grants or other income sources that can support this program.

3.         The Workshop should also include discussion on an option to lobby/leverage Sydney Water to reduce inputs of fluids, nutrients and pollutants into Berowra Creek.

THE AMENDMENT, MOVED BY COUNCILLOR HUTCHENCE, seconded BY COUNCILLOR MARR WAS PUT AND LOST.

FOR:                Councillors Hutchence and Marr

AGAINST:        Councillors Del Gallego, Heyde, Nicita, Ruddock and Tilbury

THE MOTION MOVED BY COUNCILLOR TILBURY, seconded by COUNCILLOR NICITA WAS PUT AND CARRIED

FOR:                Councillors Del Gallego, Heyde, Hutchence, Marr, Nicita, Ruddock and Tilbury

AGAINST:        Nil.

14               NOM7/19     Value Sharing of Rezoning

(F2015/00245)

MOVED ON THE MOTION OF COUNCILLOR MARR, seconded by COUNCILLOR NICITA,

THAT a Councillor Workshop be convened to discuss how Council could advocate to the NSW State Government, on behalf of the community, the implementation of a levy that could be paid to councils by developers when land is up zoned but prior to development taking place, in order to support the delivery of newly required infrastructure and increases in services needed to support the greater densities of development.

AN AMENDMENT WAS MOVED BY COUNCILLOR DEL GALLEGO, seconded by COUNCILLOR HEYDE,

THAT a Councillor Workshop be convened to discuss how Council could advocate to the NSW State Government, on behalf of the community, the implementation of a Gateway Levy that could be paid to councils by landowners when land is up zoned in order to support the delivery of newly required infrastructure and increase in services needed to support greater densities of development.

THE AMENDMENT, MOVED BY COUNCILLOR DEL GALLEGO, seconded BY COUNCILLOR HEYDE WAS PUT AND LOST.

FOR:                Councillors Del Gallego, Heyde and Marr

AGAINST:        Councillors Hutchence, Nicita, Ruddock and Tilbury

Note: Councillor Ruddock indicated to the Meeting that he had abstained from voting on this amendment. Therefore, in accordance with Clause 30(3) of Council’s Code of Meeting Practice, Councillor Ruddock was taken to have voted against the amendment.

THE MOTION MOVED BY COUNCILLOR MARR, seconded by COUNCILLOR NICITA WAS PUT AND CARRIED

FOR:                Councillors Heyde, Hutchence, Marr, Nicita and Ruddock

AGAINST:        Councillors Del Gallego and Tilbury