HSC_100K_NEW

 

 

MINUTES OF General Meeting

 

Hosted audio-visually from the

Council Chambers, HORNSBY

on Wednesday 13 May 2020

at 6:30PM

 

 


PRESENT

Councillors Ruddock (Chairman), del Gallego, Heyde, Browne, Marr, Nicita, Tilbury and Waddell.

 

Note: Prior to the playing of the National Anthem, the Mayor made the following statement:

“As this Council Meeting is to be run under the new COVID-19 emergency arrangements, there are many things which need to be done in a different way to what has occurred previously.

Many Councillors and senior staff are “attending” and participating in the Meeting via audio-visual links, whilst members of the public are viewing the Meeting through a link provided on Council’s website.

The arrangements put in place by Council for this Meeting are in line with legislation recently enacted by the State Government to assist the efficient and effective operation of Council Meetings during this difficult period.

Whilst members of the public will not be able to participate in the Meeting process in real time, an opportunity has been created for the public to send in their submissions about individual items of business and for those to be read out by Council staff prior to discussion of the item.

I seek your patience and understanding should any issues occur whilst we are adapting to the new arrangements. We are certainly attempting to do our best in these trying circumstances.” 

 

NATIONAL ANTHEM

OPENING PRAYER

The General Manager 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."

 

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairman:

“Tonight’s meeting is being livestreamed as well as audio and video 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. No other persons are permitted to record the Meeting unless specifically authorised by Council to do so.

Councillors are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms.

It is noted that members of the public wishing to address Council at tonight’s Meeting have been requested to provide their comments to Council staff prior to the Meeting. Those comments will be read out by the General Manager at the appropriate time”.

 

APOLOGIES / leave of absence

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

THAT the apology and request for leave of absence from Councillors Hutchence and McIntosh in respect of an inability to attend the General Meeting on 13 May 2020 be accepted and a leave of absence be granted.

 

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

 

AGAINST:         Nil

 

political donations disclosure

Statement by the Chairman:

“In accordance with Section 10.4 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 TILBURY, seconded by COUNCILLOR HEYDE,

THAT the Minutes of the General Meeting held on Wednesday 8 April 2020 be confirmed, a copy having been distributed to all Councillors.

 

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

 

AGAINST:         Nil

 

petitionS

Councillor Waddell tabled a petition regarding the introduction of bus movements along Silvia Street, Hornsby, the closure of the median strip opposite Carrington Road on Galston Road and other traffic flow concerns in the surrounding area.

presentations

Nil

Rescission Motions

Nil

Mayoral Minutes

9                 MM3/20       Representations From the Chinese Australian Forum - Unity Over Fear

(F2020/00082-006)

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

THAT:

1.         Council note the correspondence received from the Vice President of the Chinese Australian Forum (CAF).

2.         Council acknowledge Australia is a party to international obligations affirming that on matters of race, culture, religion and like factors, Council is totally non-discriminatory.

3.         Hornsby Shire has more than one third of its population overseas born and reflecting great diversity in the source countries, cultures and religions from which people have come.

4.         While Council is not aware of any acts of discrimination locally, it regrets reports that this has not been the case elsewhere.

5.         Council strongly affirm its view in these present circumstances there is no place for racial, cultural or religious vilification of any Australians.

 

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

 

AGAINST:         Nil

 

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 3, 5, 6 and 7 were withdrawn for discussion.

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

THAT the recommendations in respect of items 1, 2, 4 and 8 be adopted.

 

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

 

AGAINST:         Nil

 

For the sake of clarity, the above items are recorded in Agenda sequence.

Note: Persons wishing to address Council on matters which were on the Agenda were permitted to provide a written submission, which was read to the meeting by the General Manager 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 provide a written submission, which was read to the meeting by the General Manager after all items on the Agenda in respect of which there was a submission 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

Refer to Supplementary Report No. GM11/20.

Corporate Support Division

1                 CS9/20        Investments and Borrowings for March 2020 - Status for Period Ending 31 March 2020

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS9/20 be received and noted.

 

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

 

AGAINST:         Nil

 

2                 CS11/20      2019/20 Budget - March 2020 Quarter Review

(F2019/00075)

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

THAT the March 2020 Quarter Review of the Operational Plan (Budget) for 2019/20 be received and noted.

 

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

 

AGAINST:         Nil

 

Community and Environment Division

Nil

Planning and Compliance Division

3          PL9/20      Requirements for Cherrybrook Station State Significant Precinct

(F2012/00597-03)

Mr Ross Walker, on behalf of Beecroft/Cheltenham Civic Trust provided a submission to Council regarding this item.

Mr John Pacheco, of West Pennant Hills provided a submission to Council regarding this item.

Dr Charles Adderley, of Cherrybrook provided a submission to Council regarding this item.

Ms Jan Primrose, of Berowra provided a submission to Council regarding this item.

 

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

THAT:

1.         Council note the State Government’s release of the draft study requirements for the  Cherrybrook Station State Significant Precinct.

2.         A formal submission on the draft study requirements be forwarded to the Department of Planning, Industry and Environment outlining the issues raised in Director’s Report No. PL9/20 and the following additional issues:

2.1        An impact study must be completed to inform on social infrastructure, road network, open space, environmental and other public infrastructure congestions caused by massive high-rise developments within Castle Hill Town Centre that will limit capacity for further planned increase in density within the whole Cherrybrook precinct.

2.2        Extensive consultation with residents in the Hornsby and The Hills local government areas should be required to be undertaken as an initial step in the planning process to gauge their reaction as well as to contribute to any vision and urban design scenarios. An ongoing community engagement process to be defined for regular consultation during the study process and to fruition.

2.3        The Terms of Reference for the governance of the project should also include, at a minimum, the Hornsby Shire Mayor, C Ward Councillors and any other interested Councillors.

3.         A copy of Council’s submission be forwarded to the Minister of Planning and the local State Member with a request for a meeting with Councillors to discuss Council’s concerns prior to the commencement of any studies. 

 

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

 

AGAINST:         Councillor Ruddock

 

Note:  Councillor Ruddock did not vote on the Motion. In accordance with Clause 11.5 of Council’s Code of Meeting Practice, Councillor Ruddock was taken to have voted against the Motion.

 

Infrastructure and Major Projects Division

Nil

Confidential Items

4                 EH5/20        Waste Collection Services Tender

This report was deemed confidential, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret. Discussion of the matter in an open Meeting would, on balance, be contrary to the public interest because the report contains information provided by tenderers which includes sensitive information about their business operations, methodologies and costs.  The publication of such information could result in the withholding of similar information by potential tenderers in future, therefore limiting Council’s ability to make an informed decision about future tenders.

(F2019/00168-002)

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

THAT:

1.         The contents of Confidential Director’s Report No. EH5/20, incorporating the Waste Collection Services Tender Evaluation Report and Probity Report for RFT14/2019, be received and noted.

2.         In accordance with section 178 of the Local Government (General) Regulation, Council accept the Conforming Tender from Cleanaway Pty Ltd, which includes the following:

a)         A contract term of seven years with three, one-year extensions allowed for at Council’s discretion.

b)         Utilisation of Option B for the bulky clean up collection services.

c)         The Conforming Tender Schedule of Prices.

3.         Council accept Cleanaway Pty Ltd.’s Lease Offer to lease the Council-owned site at 5 Beaumont Road, Mount Ku-ring-gai and authorise the General Manager to finalise with Cleanaway Pty Ltd:

a)         The Agreement for Lease issued with RFT14/2019.

b)         The Lease.

4.         Assuming finalisation of the Lease referred to in 3 above, Council note that Cleanaway Pty Ltd.’s Conforming Tender with Lease Offer Schedule of Prices would be applicable to the Waste Collection Services Contract.

5.         The General Manager be authorised to finalise detailed terms and conditions of the Contract generally as outlined in Confidential Director’s Report No. EH5/20 and to execute documents in relation to the Contract (including the Agreement for Lease and the Lease for 5 Beaumont Road, Mt Ku-ring-gai) as deemed appropriate by Council’s legal advisors.

6.         Council authorise the use of Council’s Seal on any legal or other documents directly related to the new Waste Collection Services Contract as deemed appropriate by Council’s legal advisors.

 

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

 

AGAINST:         Nil

___________________________

 

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

THAT Council move in to Confidential Session to discuss Item 7, Director’s Report No. CS14/20 - Proposed Telecommunications Facility at Dangar Island for the reasons given below the item.

 

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

 

AGAINST:         Nil

___________________________

 

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

THAT Council move out of Confidential Session.

 

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

 

AGAINST:         Nil

 

7                 CS16/20      Proposed Telecommunications Facility at Dangar Island

This report was dealt with in confidential session, 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.

(F2019/00199)

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

THAT:

1.         The contents of Confidential Director’s Report No. CS16/20 be received and noted.

2.         Having regard to the information contained in Confidential Director’s Report No. CS16/20, the General Manager be authorised to conclude an agreement with Telstra Corporation Limited for the establishment of a proposed telecommunications facility at Dangar Island and to execute documents as deemed appropriate by Council’s legal advisors.

 

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

 

AGAINST:         Nil

PUBLIC FORUM – NON AGENDA ITEMS

Mrs Carolyn Crossman, of Normanhurst provided a submission to Council regarding climate change.

Ms Jan Primrose, of Berowra provided a submission to Council regarding public participation in Hornsby Shire Council meetings.

Ms Julienne Lynch, of Beecroft provided a submission to Council regarding the proposed cycleway along The Crescent, Beecroft.

Questions on Notice

Nil

Mayor's Notes

Nil

Notices of Motion

5                 NOM9/20     Concerns About Extended Powers of Planning Minister

(F2004/07218-04)

Mrs Jacqui Taylor, of Hornsby provided a submission to Council regarding this item.

Ms Jan Primrose, of Berowra provided a submission to Council regarding this item.

Mrs Patricia Brown, of Beecroft provided a submission to Council regarding this item.

 

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

THAT Council write to the Minister for Planning and Public Spaces seeking:

1.         Confirmation that the State Government’s actions to adapt the planning system during the State of Emergency for the COVID-19 pandemic to ensure continued productivity and investment will not undermine well-established statutory opportunities for community participation in environmental planning and assessment.

2.         Confirmation that the Planning System Acceleration Program will make it a priority to balance the imperative of economic stimulus with the other objects of the Environmental Planning and Assessment Act 1979 including facilitating ecologically sustainable development, promoting the sustainable management of built and cultural heritage, and promoting good design and amenity of the built environment.

3.         Confirmation that all Orders made under the terms of COVID-19 Legislative Amendments (Emergency Measures) Act 2020 will cease to have effect following the end of the State of Emergency for the COVID-19 pandemic.

4.         Confirmation that any proposal to implement permanent changes to legislation would only be considered after consultation with local government and the community.

5.         A change to the Orders so that no construction is allowed on Public Holidays or on Sundays where it is prohibited under a development consent.

 

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

THAT Council write to the Minister for Planning and Public Spaces seeking:

1.         Confirmation that the State Government’s actions to adapt the planning system during the State of Emergency for the COVID-19 pandemic to ensure continued productivity and investment will not undermine well-established statutory opportunities for community participation in environmental planning and assessment.

2.         Confirmation that the Planning System Acceleration Program will make it a priority to balance the imperative of economic stimulus with the other objects of the Environmental Planning and Assessment Act 1979 including facilitating ecologically sustainable development, promoting the sustainable management of built and cultural heritage, and promoting good design and amenity of the built environment.

3.         Confirmation that all Orders made under the terms of COVID-19 Legislative Amendments (Emergency Measures) Act 2020 will cease to have effect following the end of the State of Emergency for the COVID-19 pandemic.

4.         Confirmation that any proposal to implement permanent changes to legislation would only be considered after consultation with local government and the community.

5.         A change to the Orders so that no construction is allowed on Public Holidays.

 

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

 

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

 

AGAINST:         Nil

 

6                 NOM10/20   Re-establishing the Shire`s Tree Canopy

(F2013/00811-015)

Mrs Jacqui Taylor, of Hornsby provided a submission to Council regarding this item

Ms Jan Primrose, of Berowra provided a submission to Council regarding this item.

Ms Georgia Cameron, of Cheltenham provided a submission to Council regarding this item.

Mrs Patricia Brown, of Beecroft provided a submission to Council regarding this item.

Mr Michael Rosettenstein, on behalf of Pennant Hills District Civic Trust provided a submission to Council regarding this item.

 

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

THAT Council:

1.         Note the significant steps taken in improving Hornsby Shire’s tree canopy by planting over 19,000 trees in the past year and a half as part of a comprehensive tree planting program despite challenges such as drought, major storms, community concerns surrounding bushfire risk and now the COVID-19 pandemic.

2.         Note that care has been taken by qualified arborists in selecting planting locations and appropriate tree species so that the right tree has been identified for the right location balancing the protection and enhancement of the urban tree canopy and ecology with the protection of human life and property as a key aspect of this program as outlined in the tree and vegetation preservation provisions (Part 1B.6) of the Hornsby DCP 2013.  This has given consideration to bushfire concerns and interaction with utilities such as overhead power lines.

3.         Note that the planting program has specifically been designed to be participatory, with residents engaged and provided with the opportunity to have input into the tree species to be planted on their nature strip, or alternatively to decline to participate in the program. Residents have also been provided with free trees to improve their properties.

4.         Note that tree planting is an effective stimulus project with long lasting economic, environmental and aesthetic benefits and accordingly actively seek opportunities for stimulus funding to support Council’s tree planting program, particularly as it aligns with the Greater Sydney Commission’s objective to increase urban tree canopy cover to 40% and the NSW Government’s election commitment to plant 5 Million Trees by 2030.

5.         Staff, within the communication strategy for Council’s planting program, include material via a booklet or flyer, as well as on Council’s website and social media platforms, that outline the benefits of the planting program including how tree selection and locations are determined, highlighting that safety and property protection are of utmost importance.

6.         Write to Ausgrid and relevant Local Members of Parliament, seeking a commitment to progressively place powerlines underground in high risk areas as part of their network maintenance and renewal strategy, as this would minimise major interruptions to residents and businesses associated with extended blackouts whilst improving the amenity of the streetscapes and allowing for enhanced tree canopy cover.

7.         Maintain its commitment to enhancing the Shire’s tree canopy by continuing the tree planting program into the future.

 

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

THAT Council:

1.         Note the significant steps taken in improving Hornsby Shire’s tree canopy by planting over 19,000 trees in the past year and a half as part of a comprehensive tree planting program despite challenges such as drought, major storms, community concerns surrounding bushfire risk and now the COVID-19 pandemic.

2.         Note that care has been taken by qualified arborists in selecting planting locations and appropriate tree species so that the right tree has been identified for the right location balancing the protection and enhancement of the urban tree canopy and ecology with the protection of human life and property as a key aspect of this program as outlined in the tree and vegetation preservation provisions (Part 1B.6) of the Hornsby DCP 2013.  This has given consideration to bushfire concerns and interaction with utilities such as overhead power lines.

3.         Note that the planting program has specifically been designed to be participatory, with residents engaged and provided with the opportunity to have input into the tree species to be planted on their nature strip, or alternatively to decline to participate in the program. Residents have also been provided with free trees to improve their properties.

4.         Note that tree planting is an effective stimulus project with long lasting economic, environmental and aesthetic benefits and accordingly actively seek opportunities for stimulus funding to support Council’s tree planting program, particularly as it aligns with the Greater Sydney Commission’s objective to increase urban tree canopy cover to 40% and the NSW Government’s election commitment to plant 5 Million Trees by 2030.

5.         Staff, within the communication strategy for Council’s planting program, include material via a booklet or flyer, as well as on Council’s website and social media platforms, that outline the benefits of the planting program including how tree selection and locations are determined, highlighting that safety and property protection are of utmost importance.

6.         Write to Ausgrid and relevant Local Members of Parliament, seeking a commitment to progressively place powerlines underground in high risk areas as part of their network maintenance and renewal strategy, as this would minimise major interruptions to residents and businesses associated with extended blackouts whilst improving the amenity of the streetscapes and allowing for enhanced tree canopy cover.

7.         Maintain its commitment to enhancing the Shire’s tree canopy by continuing the tree planting program into the future.

8.         Note that since the introduction of the new NSW land clearing code (State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP), the NSW Natural Resource Commission (NRC) Report “Land Management and biodiversity conservation reforms” (July 2019) found that there has been an increase of approximately 1300% in land clearing across the State. The NRC identified that nine of the 11 bioregions in the State, including the Sydney Basin Bioregion, have been identified as “high biodiversity risk”.

9.         Note that the 10/50 rule as set out in the Rural Fires Act 1997 has been widely misused and resulted in clearing of trees and native vegetation for non-fire related purposes, including to allow development, reduce leaf-fall and improve access to views

10.        Note that while Hornsby Shire Council’s commitment to increasing the tree canopy is commendable, the wide-ranging benefits associated with the retention and extension of the tree canopy are being undermined by State Government legislation, which has relaxed regulation around land clearing and made it more prevalent in both urban and rural areas

11.        Write to the State Government:

a)            Requesting Hornsby Shire Council be exempt from the 10/50 rule.

b)            Expressing concern that the current Vegetation SEPP is failing to properly regulate the clearing of native vegetation, particularly for purposes that does not require development consent, and request that the State Government review the current legislative framework to address the issues highlighted by the NRC report.

 

THE AMENDMENT MOVED BY COUNCILLOR Heyde, seconded by COUNCILLOR NICITA, WAS PUT AND LOST

 

FOR:                Councillors Heyde and Nicita

 

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

 

tHE MOTION MOVED BY COUNILLOR TILBURY, seconded by COUNCILLOR BROWNE, WAS PUT AND CARRIED

 

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

 

AGAINST:         Nil

 

   

Supplementary Reports

8                 GM11/20      COVID-19 Pandemic - Update on Council's Response

(F2009/00827)

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

THAT the contents of General Manager’s Report No. GM11/20 be received and noted.

 

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

 

AGAINST:         Nil

 

MATTERS OF URGENCY

Nil

THE MEETING terminated at 9:04pm.

 

 

These Minutes were confirmed at the meeting held on Wednesday 10 June 2020, at which meeting the signature hereunder was subscribed.

 

 

 

 

CONFIRMED                                                                                CHAIRMAN

______________________________________________________________________________