HSC_100K_NEW

 

 

MINUTES OF General Meeting

Hosted audio-visually from the

Council Chambers, HORNSBY

on Wednesday 9 December 2020

at 6:30PM

 

 

 

 

PRESENT

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

Note: Councillor Hutchence was not present for discussion and voting on items 1, 6 and 8.

 

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

“This Council Meeting will be run under the COVID-19 emergency arrangements.

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.

An opportunity has been created for the public to address Council about individual items of business.

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 and Pastor David Nathan of The Hive Church, Hornsby, opened the meeting in prayer.

 

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairman:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

 

ABORIGINAL RECOGNITION

Statement by the Chairman:

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples.  We pay our respects to elders past and present."

 

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairman:

"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

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 MCINTOSH,

THAT the Minutes of the General Meeting held on Wednesday 11 November 2020 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

 

petitionS

Nil

presentations

Nil

Rescission Motions

1                 RM1/20        Rescission Motion - 11 November 2020 - Planning Report No. PC23/20 - Byles Creek Planning Study

(F2020/00288)

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

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

 

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

THAT the resolution adopted at the General Meeting held on 11 November 2020 in respect of Item 6, PC23/20 - Byles Creek Planning Study, namely: -

"THAT:

1.         Council endorse progression of the Byles Creek Planning Study in accordance with the Study Brief attached to Report No. LM15/20.

2.         Restricted asset funds from the sale of 179 Beecroft Road, Cheltenham be used to fund consultant input and the allocation of an additional temporary Strategic Planner for a period of 12 months."

be, and is hereby rescinded.

 

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

 

AGAINST:         Councillors Tilbury and Waddell

 

______________________

 

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

"THAT:

1.         Council endorse progression of the Byles Creek Planning Study in accordance with the Study Brief attached to Rescission Motion No. RM1/20, subject to the project timeframe being amended so that staff use their best efforts to present the Draft Study to the 11 August 2021 General Meeting.

2.         Restricted asset funds from the sale of 179 Beecroft Road, Cheltenham be used to fund consultant input and the allocation of an additional temporary Strategic Planner for a period of 12 months.

 

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

 

AGAINST:         Nil

 

Mayoral Minutes

11                MM7/20       Rural Boundary Clearing Code

(F2009/00836)

Ms Alexandria Fee, of Cheltenham addressed Council regarding this item.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr Alan Izzard, of Fiddletown provided a submission to Council regarding this item.

Mrs Jamie Christie, of Canoelands provided a submission to Council regarding this item.

Mr Les Chivers, of Canoelands provided a submission to Council regarding this item.

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

 

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

THAT:

1.         Council reiterate its support for appropriate measures to enable residents to protect their homes and properties from bush fire risk including actions contained within the Hornsby Ku-ring-gai Bush Fire Risk Management Plan, the Bush Fire Hazard Reduction Certificate process and the Fire Permit system.

2.         Council note the ‘Greening Our City Premier’s Priority’ to increase the tree canopy and green cover across Greater Sydney by planting one million trees by 2022 as part of a broader commitment to plant five million trees by 2030, more than doubling the tree canopy in Greater Sydney from 16.8 per cent to 40 per cent.

3.         Noting that:

a)         There is a need to strike a suitable balance between bush fire hazard reduction and vegetation preservation.

b)         The potential impact of the Legislation and Rural Boundary Clearing Code on vegetation on smaller metropolitan rural holdings is likely to be greater than on large rural holdings outside of metropolitan rural areas, which may serve to shift the balance too far and have an outsized impact on vegetation.

c)         There are existing pathways to facilitate hazard reduction activities on private land including Hazard Reduction Certificates, Fire Permits and the 10/50 vegetation clearing scheme.

the Mayor write to the Minister for Police and Emergency Services, the Minister for Energy and Environment, the Minister for Planning and Public Spaces, and the Minister for Agriculture and Western New South Wales calling for the Hornsby Local Government Area to be either exempted from the Rural Boundary Clearing Code or have specific conditions identified in the Code which reflect the particular characteristics of Hornsby.

4.         The Mayor seek a meeting with the Minister for Police and Emergency Services, the Minister for Energy and Environment, the Minister for Planning and Public Spaces, and the Minister for Agriculture and Western New South Wales to raise Council’s concern about the potential impacts on vegetation on rural zoned land in the Hornsby Local Government Area from the Rural Boundary Clearing Code.

5.         Council call upon the NSW Government to expand collaborative community engagement programs as a way to increase local knowledge about bush fire risk and preparedness.

 

AN AMENDMENT WAS MOVED BY COUNCILLOR BROWNE,

THAT:

1.             Council reiterate its support for appropriate measures to enable residents to protect their homes and properties from bush fire risk including actions contained within the Hornsby Ku-ring-gai Bush Fire Risk Management Plan, the Bush Fire Hazard Reduction Certificate process and the Fire Permit system.

2.             Council note the ‘Greening Our City Premier’s Priority’ to increase the tree canopy and green cover across Greater Sydney by planting one million trees by 2022 as part of a broader commitment to plant five million trees by 2030, more than doubling the tree canopy in Greater Sydney from 16.8 per cent to 40 per cent.

3.             Council note that:

a)         There is a need to strike a suitable balance between bush fire hazard reduction and vegetation preservation.

b)         The potential impact of the Legislation and Rural Boundary Clearing Code on vegetation on smaller metropolitan rural holdings is likely to be greater than on large rural holdings outside of metropolitan rural areas (peri-urban), which may serve to shift the balance too far and have an outsized impact on vegetation.

c)         There are existing pathways to facilitate hazard reduction activities on private land including Hazard Reduction Certificates, Fire Permits and the 10/50 vegetation clearing scheme.

4.             The Mayor urgently seek a meeting with the Minister for Police and Emergency Services, the Minister for Energy and Environment, the Minister for Planning and Public Spaces, and the Minister for Agriculture and Western New South Wales to raise Council’s concern about the potential impacts on vegetation on rural zoned land in the Hornsby Local Government Area from the Rural Boundary Clearing Code before it is finalised.

5.             Council call upon the NSW Government to expand collaborative community engagement programs as a way to increase local knowledge about bush fire risk and preparedness.

 

DUE TO THE LACK OF A SECONDER, THE AMENDMENT MOVED BY COUNCILLOR BROWNE LAPSED.

 

THE MOTION, MOVED BY COUNCILLOR RUDDOCK seconded by COUNCILLOR HEYDE WAS PUT AND CARRIED.

 

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

 

AGAINST:         Councillors Browne, Hutchence, Tilbury 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 6, 8 and 9 were withdrawn for discussion.

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

THAT the recommendations in respect of items 2, 3, 4, 5, 7, and 10 be adopted.

 

FOR:                Councillors Browne, 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: Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.

Note: Persons wishing to address Council on Non-Agenda items were permitted to speak after all items on the Agenda in respect of which there was a speaker from the public were finalised by Council. Their names are recorded in the Minutes under the heading “Public Forum – Non-Agenda Items”.

GENERAL BUSINESS

Office of the General Manager

2                 GM29/20      Code of Conduct Complaints - Annual Report

(F2006/00554)

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

THAT the contents of General Manager’s Report No. GM29/20 be received and noted.

 

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

 

AGAINST:         Nil

 

3                 GM36/20      Hornsby Shire Council Annual Report 2019/20

(F2019/00075)

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

THAT:

1.         The Hornsby Shire Council Annual Report 2019/20 be received and noted.

2.         The Annual Report be supplemented by Council’s 2019/20 Audited Financial Statements “presented to the public” at the 9 December 2020 General Meeting.

 

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

 

AGAINST:         Nil

 

Corporate Support Division

4                 CS45/20      2019/20 Audited Financial Statements - Presentation to the Public

(F2020/00146)

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

THAT the 2019/20 General Purpose and Special Purpose Financial Statements and associated Auditor's Report, as presented to the public on 9 December 2020, be adopted.

 

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

 

AGAINST:         Nil

 

5                 CS43/20      Investments and Borrowings for 2020/21 - Status for Period Ending 31 October 2021

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS43/20 be received and noted.

 

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

 

AGAINST:         Nil

 

Community and Environment Division

6                 CE16/20      Off-Leash Dog Park Strategy

(F2020/00302)

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

THAT:

1.             The draft Off-Leash Dog Park Strategy attached to Director’s Report No. CE16/20 be placed on public exhibition for a period 42 days.

2.             As part of the public exhibition, Council write directly to adjoining neighbours of proposed new Off-Leash Dog Parks.

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

 

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

 

AGAINST:         Nil

 

7                 CE17/20      Catchments Remediation Rate (CRR) Annual Expenditure Report 2019/2020

(F2005/00829-03)

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

THAT the contents of Director’s Report No. CE17/20 relating to expenditure of Catchments Remediation Rate funds be received and noted.

 

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

 

AGAINST:         Nil

 

Planning and Compliance Division

Nil

Infrastructure and Major Projects Division

Nil

Confidential Items

10                IM8/20         Property Management Matter

This report was deemed confidential, under Section 10A (2) (c) (g) 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; AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

(F2020/00309)

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

THAT:

1.         The contents of Confidential Deputy General Manager’s Report No. IM8/20 be received and noted.

2.         The General Manager be delegated authority to authorise expenditure recommended by the Deputy General Manager, Infrastructure and Major Projects in respect of the removal of asbestos from the Council Administration Building during the period between the 9 December 2020 and 10 February 2021 General Meetings on the basis that a Budget allocation for asbestos removal will be included in the December 2020 Quarterly Review of the 2020/21 Budget when it is considered by Council at the 10 February 2021 General Meeting.

 

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

 

AGAINST:         Nil

 

PUBLIC FORUM – NON-AGENDA ITEMS

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

Mayor's Notes

Nil

Questions on Notice

Nil

Notices of Motion

8                 NOM17/20   Warning Signage of Swimming Conditions and Water Quality in Hornsby Shire

(F2004/09941-03)

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

 

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

THAT:

1.         Council install additional signage at entry points to Crosslands Reserve (including at the Beach area) which alerts people to the risks and possible pollution should they choose to swim there.

2.         Additional signage be located at the various Track Heads near key transport areas that people utilise to access Crosslands Reserve via the Great North Walk – e.g. Track Heads at Cowan, Berowra and Mt Kur-ring-gai Station as well as the Berowra Waters to Crosslands Track Head. 

3.         The approach to signage be flexible so that adjustments can be made as variables change.

4.         Noting that there have been two drownings at Crosslands this year, Council install warning signs which indicate deep holes, strong currents and movement of sand banks and advise that there are hazards involved in entering the water and people should only do so if they are a competent swimmer.  

5.         The pollution signs referred to in 1 above also be installed at Brooklyn Baths. 

6.         Funding in respect of the above signage be sourced as a priority from Council’s maintenance budgets. 

7.         Council note that Councillor Marr has indicated that he would be happy to contribute some of the cost of the signage and assist with advice and placement of the signs. 

 

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

THAT Council install additional signage at entry points to Crosslands Reserve (including at the Beach area) which alerts people to the risks and possible pollution should they choose to swim there.

 

THE AMENDMENT MOVED BY COUNCILLOR HEYDE seconded by COUNCILLOR BROWNE WAS PUT AND LOST.

 

FOR:                Councillors Browne and Heyde

 

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

 

THE MOTION MOVED BY COUNCILLOR MARR seconded by COUNCILLOR MCINTOSH, WAS PUT AND LOST

 

FOR:                Councillors Heyde, Marr, McIntosh and Nicita

 

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

 

Note: Councillor Ruddock indicated to the Meeting that he had abstained from voting on this motion. Therefore, in accordance with Clause 11.5 of Council’s Code of Meeting Practice, Councillor Ruddock was taken to have voted against the motion.

   

9                 NOM18/20   Protecting Vegetation on Rural Land

(F2009/00836)

Note: Having regard to the earlier discussion and resolution in respect to Item 11 – MM7/20 – Rural Boundary Clearing Code, Councillor Heyde advised the meeting that consideration of her Notice of Motion No. NOM18/20, was now not required and could be withdrawn.

 

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

THAT Notice of Motion No. NOM18/20 – Protecting Vegetation on Rural Land - be withdrawn.

 

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

 

AGAINST:         Nil

 

MATTERS OF URGENCY

Nil

QUESTIONS on NOTICE

Nil

THE MEETING concluded at 9:15pm.

 

 

These Minutes were confirmed at the meeting held on Wednesday 10 February 2021, at which meeting the signature hereunder was subscribed.

 

 

 

 

CONFIRMED                                                                                CHAIRMAN

______________________________________________________________________________