MINUTES OF General Meeting
Hosted
audio-visually from the
Council Chambers, HORNSBY
on Wednesday 10
February 2021
at 6:30PM
PRESENT
Councillors Ruddock (Chairman), Browne, del Gallego, Heyde,
Hutchence, Marr, McIntosh, Nicita, Tilbury and Waddell.
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
Pastor
Andrew Starr of The Viva 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
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RESOLVED ON THE MOTION OF COUNCILLOR TILBURY,
seconded by COUNCILLOR MCINTOSH,
THAT the Minutes of the General Meeting held on Wednesday
9 December 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
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petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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1 MM1/21 Acknowledgement
of Country
(F2005/01147-002)
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RESOLVED ON THE
MOTION OF COUNCILLOR RUDDOCK, seconded by COUNCILLOR MCINTOSH,
THAT Council adopt the following wording for use in all
corporate documents and when making an Acknowledgement of Country:
“Council
recognises the Traditional Owners of the lands of Hornsby Shire, the Darug
and Guringai peoples, and pays respect to their Ancestors and Elders past and
present and to their Heritage. We acknowledge and uphold their intrinsic
connections and continuing relationships to Country.”
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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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.
Item 6 was withdrawn for discussion.
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR McIntosh,
THAT the
recommendations in respect of items 2, 3, 4, 5, 7, 8, 9, 10 and 12 be adopted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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For the sake of clarity, the above
items are recorded in Agenda sequence.
Note: Item 11 was called over and
noted.
Note: Persons wishing to address
Council on matters which were on the Agenda were permitted to provide a written
submission or address Council, prior to the item being discussed. The names of
all submission writers and speakers are recorded in the Minutes in respect of
the particular item.
GENERAL BUSINESS
Office of the General Manager
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2 GM4/21 Performance
Report December 2020 - Delivery Program 2020-22; and Budget 2020/21 -
December Quarter Review
(F2020/00027)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the:
1. December
2020 Performance Report showing progress of the Delivery Program 2020-22,
including the 2020/21 Operational Plan and Budget, be received and noted.
2. Quarterly
Budget Review Statement for the period ending December 2020 be received and
noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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Corporate Support Division
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3 CS3/21 Councillor
Expenses and Facilities Policy - Reporting Required by Section 15 of the
Policy
(F2004/09552-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT Council note
that details regarding the provision of Councillor expenses and facilities
for the period from 1 July 2020 to 31 December 2020 have been tabled in
accordance with the Councillors’ Expenses and Facilities Policy.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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4 CS5/21 Investments
and Borrowings for 2020/21 - Status for Periods Ending 30 November 2020 and
31 December 2020
(F2004/06987-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the contents of
Director’s Report No. CS5/21 be received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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Community and Environment Division
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5 CE4/21 Waitara
Park Plan of Management
(F2014/00341-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
endorse the exhibition of the draft Plan of Management for Waitara Park
attached to Director’s Report No. CE4/21.
2. A
further report be provided for Council’s consideration following the
conclusion of the exhibition, public hearing and submission period.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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Planning and Compliance Division
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6 PC2/21 Natural
Disasters Clause
(F2004/07218-005)
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Mrs Trish Brown, on behalf of Byles Creek Valley Union Inc. provided a
submission to Council regarding this item.
Ms Jan Primrose, on behalf of Protecting Your Suburban
Environment Inc. addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR TILBURY, seconded by COUNCILLOR HUTCHENCE,
THAT Council:
1. Endorse
the inclusion of optional clause 5.9 of the Standard Instrument (Local
Environmental Plans) Order into the Hornsby Local Environmental Plan 2013 to
apply to all land use zones where dwelling houses are permitted.
2. Submit formal confirmation to the Department of Planning,
Industry and Environment of the above.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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7 PC3/21 Report
on Submissions - Hornsby Development Control Plan Amendments- Housekeeping
Planning Proposal
(F2019/00392)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
approve the draft amendments to the Hornsby Development Control Plan 2013 as
amended after the exhibition period and attached to Director’s Report
No. PC3/21.
2. Notification
of the approval of the amendments be published on Council’s website.
3. The
City of Parramatta Council be advised of Council’s decision.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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8 PC5/21 Sydney
North Planning Panel and Hornsby Local Planning Panel - Panel Members
(F2013/00295-002)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT Council:
1. Extend
the term of appointment of the current independent persons on the Hornsby
Local Planning Panel until 30 June 2021 as recommended by the Department of
Planning, Industry and Environment.
2. Write
to the Minister of Planning to request that the term of office of the current
panel members of the Hornsby Local Planning Panel should be extended until 31
March 2022 to enable appropriate time to undertake an expression process and
appointment of panel members by the newly elected Council following the
September 2021 local government elections.
3. Extend
the term of appointment for the local community representatives on the
Hornsby Local Planning Panel to 31 March 2022 and write to the Minister of
Planning to seek extension of office of the current community members on the
Sydney North Planning Panel for the same period.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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9 PC6/21 Reporting
Variations to Development Standards
(F2004/07599-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the
contents of Director’s Report No. PC6/21 be received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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Infrastructure and Major Projects Division
Nil
Confidential Items
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10 CS4/21 Owner
Initiated Compulsory Acquisition of Land in Hornsby
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.
(F2019/00095-003)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the:
1. Contents
of Confidential Director’s Report No. CS4/21 be received and noted.
2. General
Manager be authorised to progress the compulsory acquisition of the land
identified in Confidential Director’s Report No. CS4/21 on the terms
and in the manner outlined in Confidential Director’s Report No.
CS4/21.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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12 GM9/21 Property
Management Matter
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.
(F2020/00309)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR MCINTOSH,
THAT the:
1. Contents
of Confidential General Manager’s Report No. GM9/21 be received and
noted.
2. General
Manager be authorised to progress the options discussed in Confidential
General Manager’s Report No. GM9/21 and provide updates to Council on a
regular basis.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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PUBLIC FORUM – NON-AGENDA ITEMS
Nil
Questions on Notice
Nil
Mayor's Notes
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11 MN1/21 Mayor's
Notes 01 December 2020 to 31 January 2021
(F2004/07053)
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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 2nd December 2020
– On behalf of the Mayor, the General Manager hosted two Citizenship
Ceremonies at Pennant Hills Community Centre in Pennant Hills.
Tuesday 8th December 2020 –
The Mayor attended the ‘This is Us Art Launch’ at Wallarobba
House in Hornsby.
Saturday 12th December 2020
– The Mayor attended the Sydney North Fusion Christmas Event at the
Sydney Fusion Office in Hornsby.
Sunday 13th December 2020 –
The Mayor attended the Sri Lanka Association of NSW AGM and Christmas Carols
at Thornleigh Community Centre in Thornleigh.
Tuesday 15th December 2020 –
The Mayor attended the Normanhurst Boys High School Presentation Evening at
Rosehill Racecourse in Rosehill.
Thursday 17th December 2020
– The Mayor visited staff at the new Northcott Hornsby Office in
Hornsby.
Friday 22nd January 2021 –
The Mayor attended the official opening of the new Hornsby Kuring-gai
District Tennis Association Courts at Mills Park in Asquith.
Tuesday 26th January 2021 - The
Mayor hosted an Australia Day Citizenship Ceremony at Pennant Hills Community
Centre in Pennant Hills.
Wednesday 27th January 2021
– The Mayor attended the Pennant Hills Rotary, Australia Day 2021
Meeting at Pennant Hills Golf Club in Pennant Hills.
CALLED OVER AND NOTED
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Notices of Motion
Nil
MATTERS OF URGENCY
Nil
QUESTIONS on NOTICE
Nil
THE MEETING concluded at 7:12pm.
These Minutes were confirmed at the meeting held on Wednesday
10 March 2021, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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