RESOLVED ON THE MOTION OF COUNCILLOR NICITA, seconded by COUNCILLOR DEL GALLEGO,

THAT the Minutes of the General Meeting held on Wednesday 24 July 2019 be confirmed, a copy having been distributed to all Councillors.

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

AGAINST:         Nil

13                MM9/19       Passing of Ray Whiteman

(F2004/05879-05)

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

THAT Council note the passing of local resident Ray Whiteman and acknowledge his impressive contribution to the local community.

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

AGAINST:         Nil

RESOLVED ON THE MOTION OF COUNCILLOR McIntosh, seconded by COUNCILLOR Browne,

THAT the recommendations in respect of items 1, 7 and 8 be adopted.

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

AGAINST:         Nil

1                 CS25/19      Investments and Borrowings for 2018/19 - Status for Period Ending 30 June 2019 (Pre-Audit)

(F2004/06987-02)

RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR BROWNE,

THAT the contents of Deputy General Manager’s Report No. CS25/19 be received and noted.

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

AGAINST:         Nil

2                 CS23/19      Local Government NSW - 2019 Annual Conference - Submission of Motions and Determination of Voting Delegates

(F2019/00184)

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

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

THAT:

1.         Motions dealing with; 1. Display of Written Returns of Councillors and Designated Persons on Council Websites, 2. Enhance Roads to Recovery Program Funding, 3. Differential Residential Rates, 4. Refresh Funding Approaches For Sportsgrounds, Recreational And Open Spaces and 5. Flexibility In Procurement, as detailed in Deputy General Manager’s Report No. CS23/19, be submitted for consideration at the 2019 Local Government NSW (LGNSW) Annual Conference.

2.         Councillors Ruddock, Browne, Hutchence, Marr, McIntosh, Tilbury and Waddell be Council’s voting delegates for voting on motions and for the election for Office Bearers and the Board at the 2019 LGNSW Annual Conference.

3.         Registrations for attendance at the 2019 LGNSW Annual Conference be confirmed for the voting delegates determined in point 2. above together with any other Councillors who will be attending the Conference as observers.

FOR:                Councillors Browne, Hutchence, Marr, McIntosh, Ruddock, Tilbury and Waddell

AGAINST:         Councillors Del Gallego, Heyde and Nicita

Note:                A Motion to alter points 2 and 3 of this resolution was lodged at the conclusion of the meeting. This Motion will be considered at the 18 September 2019 General Meeting.

3                 PL18/19       Draft Hornsby Local Strategic Planning Statement

(F2018/00162)

Note: During consideration of this Item, COUNCILLOR TILBURY declared a Less Than Significant Non-Pecuniary Interest in this item under Clause 5.11 of Council's Code of Conduct for Councillors (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR TILBURY on the Declaration of Interest form as “The speaker, Chris Jones is known to me. I have worked with Mr Jones informally when putting together his family history. His family is a fourth generation Berowra family and I have written a book on the history of the suburb of Berowra” and the explanation of why the interest does not require further action in the circumstances was “Although I know Mr Jones our relationship is not close and it will not impact me in any way considering this item (item 3)”.

Mr Chris Jones, of Berowra addressed Council regarding this item.

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

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

THAT:

1.         The draft Hornsby Local Strategic Planning Statement attached to Director’s Report No. PL18/19 be placed on public exhibition for a period of at least 28 days in accordance with Section 3.9 of the Environmental Planning and Assessment Act 1979.

2.         Following exhibition, a report on submissions be presented to Council for its consideration.

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

AGAINST:         Nil

4                 PL20/19       Draft Hornsby Section 7.12 Development Contributions Plan 2019 - 2029

(F2010/00015-04)

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

THAT:

1.             Council adopt for exhibition the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL20/19 including the amendments to the works schedule as outlined in point 2 below.

2.             The funding shortfall of $1,000,000 to the street /park tree planting program be funded from a $500,000 saving due to the non-introduction of the emergency services levy and general revenue funds freed up by allocating funds to relevant project as outlined in the following amended works Schedule in Section 7.12:

Street / Park Tree Planting Program                                                                             $1,500,000

Footpath Program                                                                                                $700,000

Shareway / Cycleway Program                                                                             $500,000

Playground Improvement                                                                                      $600,000

Playground Shade Devices                                                                                   $250,000

Off Leash Dog Facility Improvements                                                                    $250,000

Installation of Solar Panels at Hornsby Aquatic Centre                                            $300,000

Installation of Solar Panels at Community Recycling Centre                                    $250,000

Bushland Reserves Infrastructure                                                                          $800,000

Hornsby Library short-term expansion                                                                 $2,700,000

TOTAL                                                                                                              $7,850,000

3.            Following the exhibition, a report on submissions be presented to Council for its consideration.

FOR:                Councillors Browne, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell

AGAINST:         Councillors Del Gallego and Heyde

5                 PL21/19       Planning Proposal - Local Heritage Listing of 22 Trees at 62 Manor Road, Hornsby

(F2010/00588-004)

Mr David Tyrrell, of Baulkham Hills addressed Council regarding this item.

Mr Craig Burton, of Church Point addressed Council regarding this item.

Mr Peter Robinson, of Berowra addressed Council regarding this item.

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

Ms Lucy Bal, of Hornsby addressed Council regarding this item.

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

THAT Council:

1.         Endorse the progression of the Planning Proposal attached to Directors Report No. PL21/19 for submission to the Department of Planning, Industry and Environment for Gateway Determination to amend the Hornsby Local Environmental Plan 2013 as follows:

a)         Insert a listing for 22 trees at property No. 62 Manor Road, Hornsby in Schedule 5 Environmental Heritage.

b)         Amend the Heritage Map (Sheet HER_017B) to identify a heritage item on the site of No. 62 Manor Road, Hornsby.

2.         Consider the progression of investigations of the Manor Road, Hornsby precinct for the possible creation of a Heritage Conservation Area as part of its ongoing Heritage Study.

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

AGAINST:         Councillor Waddell

6                 PL22/19       Report on Submissions - Hornsby RSL Club Planning Proposal

(PP/1/2016)

Ms Rosie Sutcliffe, on behalf of Hornsby RSL Club addressed Council regarding this item.

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

THAT:

1.         Council receive and note correspondence from Hornsby RSL Club dated 30 May 2019 attached to Director’s Report No. PL22/19 withdrawing its Planning Proposal.

2.         Council not proceed with the Hornsby RSL Club Planning Proposal and associated draft DCP amendments and write to the Minister to advise of this decision made under delegation.

3.         Council advise of its decision in a local newspaper within 28 days, including reasons as outlined in Director’s Report No. PL22/19.

4.         The Hornsby Town Centre Review Study Area be extended to include the Hornsby RSL Club land holdings at property Nos. 7-19 Ashley Street and 2-4 Webb Avenue, Hornsby identified on the map attached to Director’s Report No. PL22/19.

5.         The proponent and submitters be advised of Council’s resolution.

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

AGAINST:         Councillor Waddell

7                 PL19/19       Reporting Variations to Development Standards

(F2004/07599-02)

RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR BROWNE,

THAT the contents of Director’s Report No. PL19/19 be received and noted.

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

AGAINST:         Nil

8                 CS26/19      Owner Initiated Compulsory Acquisition of Land in Hornsby

This report was deemed confidential, under Section 10A(2)(b) and (g) of the Local Government Act, 1993. This report relates to the personal hardship of a resident or ratepayer; and contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (The subject of this report is an Owner Initiated Acquisition on the grounds of personal financial hardship. This report and its attachments contain personal and financial information that if disclosed may compromise the financial privacy of the applicant).

(F2019/00095)

RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR BROWNE,

THAT Council:

1.         Confirm that it has duly performed its statutory duties in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act, 1991 through having the investigation of the Notice Requiring Acquisition of Land and the assessment of the claim of hardship in relation to the subject land identified within confidential Deputy General Manager’s Report No. CS26/19 completed independently of Council with due diligence and without conflict of interest, such that Council may rely on the outcomes of the investigation and assessment.

2.         Concur with the outcomes and recommendations of the independent, external investigation and assessment of the claim of hardship and has formed the opinion that the landowner identified within confidential Deputy General Manager’s Report No. CS26/19 will not suffer hardship (within the meaning of that term in section 24 of the Land Acquisition (Just Terms Compensation) Act, 1991) if there is a delay in the acquisition of the reserved subject land identified within confidential Deputy General Manager’s Report No. CS26/19.

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

AGAINST:         Nil

12                GM13/19      Appointment to a Senior Staff Position

This report was dealt with in confidential session under Section 10A (2) (a) of the Local Government Act, 1993. This report contains personnel matters concerning particular individuals (other than councillors).

(F2019/00163)

RESOLVED ON THE MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR MCINTOSH,

THAT Council move in to Confidential Session to discuss Item 12, 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

___________________________

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

THAT the contents of Confidential General Manager’s Report No. GM13/19 be received and noted.

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

AGAINST:         Nil

9                 MN7/19        Mayors Notes from 01 July to 31 July 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.

Wednesday 3^rd July 2019 – The Mayor hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council.

Saturday 13^th July 2019 – The Mayor attended the Hornsby Gang Show hosted by Sydney North Region Scouts and Guides held at Barker College in Hornsby.

Tuesday 16^th July 2019 – The Mayor and General Manager attended the Pulse of Greater Sydney Breakfast with Ms Lucy Turnbull, hosted by Greater Sydney Commission held in Parramatta, NSW.

Saturday 20^th July 2019 – On behalf of the Mayor, Councillor Tilbury attend the Ladies Committee, Berowra Waters Progress Association ‘Christmas in July Santa Boat Fundraiser’ held at the Waterview Restaurant in Berowra Waters.

Sunday 21^st July 2019 – On behalf of the Mayor, Councillor Waddell attended the Galston 500 2019, Hornsby Model Engineers Fundraiser for Multiple Sclerosis Research held in Galston.

Sunday 21^st July 2019 – The Mayor attended the Eastwood Thornleigh District Tennis Association Inc Family Fun Day at Pennant Hills Park in Pennant Hills.

Sunday 28^th July 2019 -The Mayor attend Camellia Gala Day held at Lisgar Gardens in Hornsby.

Wednesday 31^st July 2019 – On behalf of the Mayor, Deputy Mayor, Councillor del Gallego hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council.

CALLED OVER AND NOTED

10                NOM10/19   Lease Arrangements For Preschools

(F2016/00073)

Mrs Pearl Sachinwalla on behalf of Families for Community Preschools addressed Council regarding this item.

Mr Gregory Kingsley on behalf of Families for Community Preschools addressed Council regarding this item.

MOVED ON THE MOTION OF COUNCILLOR DEL GALLEGO, seconded by COUNCILLOR BROWNE,

THAT:

1.             Council note that:

a)            Community preschools have entered into leases with Council that established known, staged increases to rent over a five year period to bring them from their previously subsidised levels to market levels.

b)            Community preschools have recently commenced a public campaign requesting that Council freeze current rents and conduct a review into the rental rates charged to preschools.

2.             Subject to preschools providing new and detailed information regarding their request for a review of rental rates, Council officers meet with community preschool representatives to enable preschools to elaborate on their concerns regarding their lease arrangements.  Detailed information to be provided by preschools is to include:

a)            Each preschool’s past five years’ financial statements.

b)            Each preschool’s business model that confirms operational efficiency and effectiveness within industry performance standards and parameters.

c)             Evidence that their claim for fair rent is not a ‘subsidy’ that only benefits a select group of parents from the majority of parents sending their children to other preschools within Hornsby Shire.

3.             Council officers present details of information provided and discussions held as per 2. above at an informal Councillor workshop.

AN AMENDMENT WAS MOVED BY COUNCILLOR HEYDE, seconded by COUNCILLOR NICITA,

THAT:

1.         Council note that:

a)            Community preschools have entered into leases with Council that established known, staged increases to rent over a five year period to bring them from their previously subsidised levels to market levels. In addition to this increase of around 500%, their rents will increase by 3% every year thereafter. 

b)         Community preschools have recently commenced a public campaign requesting that Council freeze current rents and conduct a review into the rental rates charged to preschools.

2.         Subject to preschools providing new and detailed information regarding their request for a review of rental rates, Council officers and interested Councillors meet with community preschool representatives to enable preschools to elaborate on their concerns regarding their lease arrangements.  Detailed information to be provided by preschools is to include:

a)            Each preschool’s past five years’ financial statements.

b)            Evidence of educational excellence, innovation, staff retention, care of children with particular needs, and service to a diversity of students and families over their years of operation. 

3.         Information obtained by council staff to ascertain user fees from a variety of preschools and long day care businesses be made publicly available. 

4.             Council officers present details of information provided and discussions held as per 2. above at an informal Councillor workshop.

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

FOR:                Councillors Heyde and Nicita

AGAINST:         Councillors Browne, Del Gallego, Hutchence, Marr, McIntosh, Ruddock, Tilbury and Waddell

THE MOTION MOVED BY COUNCILLOR DEL GALLEGO, seconded by COUNCILLOR BROWNE, WAS PUT AND CARRIED.

FOR:                Councillors Browne, Del Gallego, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell

AGAINST:         Councillor Heyde

11                NOM11/19   10/50 Vegetation Clearing Scheme

(F2004/06589)

Ms Jacqui Taylor, of Hornsby addressed Council regarding this item.

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

Mr David Durney, of North Epping addressed Council regarding this item.

Ms Margaret McCarthy, on behalf of Epping Civic Trust addressed Council regarding this item.

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

Mrs Ingrid Ralph, of Beecroft addressed Council regarding this item.

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

THAT Council write to the Minister for Emergency Services, the Minister for the Environment, Shadow Minister for Environment and Heritage, Shadow Minister for Emergency Services, NSW Greens Spokesperson for the Environment and local Members of Parliament calling for the Hornsby Local Government Area to be exempted from the provisions of the 10/50 Vegetation Clearing Scheme.

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

THAT:

1.             Council note its previous resolution from July 2018 calling for the NSW Government to undertake a formal review of the 10/50 Vegetation Clearing Scheme, and that the Mayor subsequently wrote to the Minister for Emergency Services, the Minister for the Environment and local Members of Parliament regarding the matter.

2.             Council note that as formal Ministerial responses to the Mayor’s letter had not yet been forthcoming, the Mayor wrote again at the beginning of August 2019 seeking advice on the NSW Government’s position on whether it will be undertaking a formal review of the 10/50 Vegetation Clearing Scheme.

3.             Council note that Local Government NSW adopted a policy position calling for a formal review of the 10/50 Vegetation Clearing Scheme at its 2018 Annual Conference.

4.             An informal Councillor workshop be scheduled regarding the 10/50 Vegetation Clearing Scheme outlining any changes that have taken place since the Scheme’s introduction, relevant technical information and the like. The workshop to be scheduled no later than November 2019.

THE AMENDMENT MOVED BY COUNCILLOR BROWNE, seconded by COUNCILLOR HUTCHENCE, WAS PUT AND CARRIED.

FOR:                Councillors Browne, Del Gallego, Hutchence, Marr, McIntosh, Ruddock, Tilbury and Waddell

AGAINST:         Councillors Heyde and Nicita

THE AMENDMENT THEREBY BECAME THE MOTION WHICH WAS PUT AND CARRIED.

FOR:                Councillors Browne, Del Gallego, Hutchence, Marr, McIntosh, Nicita, Ruddock, Tilbury and Waddell

AGAINST:         Councillor Heyde