Minutes of General Meeting - Wednesday, 12 May 2021

MINUTES OF General Meeting

Held at Council Chambers, HORNSBY

on Wednesday 12 May 2021

at 6:30PM

PRESENT

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

Note: Councillor Nicita was not present for discussion and voting on Item 9.

NATIONAL ANTHEM

OPENING PRAYER

Reverend Jojo Nkrumah of Hornsby Uniting Church 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."

Acknowledgement of Country

Statement by the Chairman:

"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."

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

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

THAT the apology and request for leave of absence from Councillor Browne in respect of an inability to attend the General Meeting on 12 May 2021 be accepted and a leave of absence be granted.

FOR: Councillors Del Gallego, Heyde, Hutchence, Marr, McIntosh, 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

COUNCILLOR NICITA declared a Significant Non-Pecuniary Interest in relation to Item 9 – IM6/21 Report on Submissions - Beecroft Community Centre to Cheltenham Railway Station Pedestrian/ Cycleway Path. Refer to that Item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 14 April 2021 be confirmed, a copy having been distributed to all Councillors.

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

AGAINST: Nil

petitionS

Nil

presentations

Nil

Rescission Motions

Nil

Mayoral Minutes

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 2, 4, 5, 6, 7 and 9 were withdrawn for discussion.

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

THAT the recommendations in respect of items 1, 3 and 8 be adopted.

FOR: Councillors 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: Item 10 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 speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.

GENERAL BUSINESS

Office of the General Manager

1 GM14/21 Draft Economic Development and Tourism Strategy - Feedback From Exhibition Period

(F2018/00162#19)

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

THAT Council:

1. Adopt the Economic Development and Tourism Strategy (2021-2026) detailed in Attachment 1 to General Manager’s Report No. GM14/21.

2. Write to all submitters notifying them of the Council’s decision and thanking them for their comments and suggested amendments.

3. Update the Future Hornsby website to reflect the adoption of the Strategy.

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

AGAINST: Nil

Corporate Support Division

2 CS23/21 Investments and Borrowings for 2020/2021 - Status for Period Ending 31 March 2021

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS23/21 be received and noted.

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

AGAINST: Nil

3 CS28/21 2020/21 Budget - March 2021 Quarter Review

(F2020/00027)

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

THAT the March 2021 Quarter Review of the Operational Plan (Budget) for 2020/21 be received and noted.

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

AGAINST: Nil

Community and Environment Division

4 CE7/21 Draft Play Plan

(F2018/00312)

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

THAT:

1. Council adopt the Play Plan attached to Directors Report No. CE7/21.

2. The Future Hornsby Website be updated to reflect the adoption of the Play Plan.

3. Information regarding the finalised Play Plan be sent to all the participating schools, playgroups, aged care providers and named individuals from the consultation process, so they can see the outcome of the feedback they provided.

4. Council acknowledge the excellent work done by staff and the consultant team.

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

AGAINST: Nil

5 CE11/21 Catchments Remediation Rate (CRR) Half-Yearly Expenditure Report 2020/2021

(F2005/00829-03)

Mr Roman Goydych, of Cherrybrook addressed Council regarding this item.

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

THAT:

1. The contents of Director’s Report No. CE11/21 relating to expenditure of Catchments Remediation Rate (CRR) funds be received and noted.

2. Council formally thank Brian Pearson for his long and dedicated service on the CRR Expenditure Review Panel, and a framed Certificate of Appreciation be provided to Mr Pearson in recognition of his considerable and generous service.

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

AGAINST: Nil

Planning and Compliance Division

6 PC9/21 Report on Submissions - Draft Seniors Housing Demand and Supply Review

(F2004/09011)

Mrs Trish Brown, on behalf of Byles Creek Valley Union Inc provided a submission to Council regarding this item.

Mr Paul Hunt, on behalf of Link Wenthworth provided a submission to Council regarding this item.

Mr Wayne Gersbach, on behalf of Twilight Aged Care addressed Council regarding this item.

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

THAT:

1. Council endorse the Seniors Housing Demand and Supply Review.

2. Council request the Department of Planning, Industry and Environment to continue the moratorium on the application of the Seniors SEPP on land within Heritage Conservation Areas in Hornby Shire, with the exception of two sites being properties at 46-50 Hannah Street, Beecroft and 17 Killaloe Avenue, Pennant Hills.

3. A local Seniors Housing Strategy be prepared, subject to staff resources and funding.

4. Submitters be notified of Council’s decision.

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

AGAINST: Nil

7 PC1/21 Report on Submissions - Draft Hornsby Employment Land Study

(F2018/00162#05)

Mr John Inshaw, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr Howard Hathorn, on behalf of Coles Property Development addressed Council regarding this item.

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

THAT:

1. Council adopt the Hornsby Employment Land Study and the Implementation Action Plan attached to Director’s Report No. PC1/21.

2. Submitters be advised of Council’s decision.

3. The Future Hornsby website be updated to reflect the adoption of the Study.

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

AGAINST: Nil

8 PC10/21 Hornsby Thematic History

(F2020/00185#01)

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

THAT:

1. The Hornsby Thematic History attached to Director’s Report No. PC10/21 be placed on public exhibition for a period of one month in accordance with the consultation strategy outlined in the Report.

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

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

AGAINST: Nil

Infrastructure and Major Projects Division

9 IM6/21 Report on Submissions - Beecroft Community Centre to Cheltenham Railway Station Pedestrian/ Cycleway Path

(F2020/00085)

Note: COUNCILLOR NICITA declared a Significant Non-Pecuniary Interest in this item under Clause 5.10 of Council's Code of Conduct (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR NICITA on the Declaration of Interest form as “Father owns property along the proposed cycleway route, has made submission on this matter”. COUNCILLOR NICITA was not present at or in sight of the meeting when the matter was being debated or voted on.

Mr Lachlan May, on behalf of Beecroft - Cheltenham Scout Group addressed Council regarding this item.

Mr Phillip Ashley, on behalf of Beecroft - Cheltenham Scout Group addressed Council regarding this item.

Ms Amanda Doxat-Pratt, on behalf of Beecroft Girl Guides addressed Council regarding this item.

Mr Steve Khouw, of Hornsby addressed Council regarding this item.

Mr Justin Holmwood, on behalf of Bike North addressed Council regarding this item.

Mr Andrew Wilson, of Pennant Hills District Trust addressed Council regarding this item.

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

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

THAT Council:

1. Note the contents of Deputy General Manager’s Report No. IM6/21.

2. Agree to the construction of the shared pedestrian/cycleway path between the Beecroft Community Centre and Cheltenham Railway Station as generally shown in Attachment 2 to Deputy General Manager’s Report No. IM6/21.

3. Note that consultations are continuing with the Scouts/Girl Guides to address their concerns.

4. Note that construction of the project is dependent on the receipt of grant funds from Transport for NSW and, that in the event the funds are forthcoming, the General Manager or his delegate be authorised to review and execute an appropriate funding deed for the project.

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

THAT:

1. Council note the contents of Deputy General Manager’s Report No. IM6/21.

2. Council note that consultations are continuing with the Scouts/Girl Guides to address their concerns.

3. Council agree in principle to the construction of the shared pedestrian/cycleway path between the Beecroft Community Centre and Cheltenham Railway Station as generally shown in Attachment 2 to Deputy General Manager’s Report No. IM6/21.

4. Council provide additional design detail which better addresses the concerns raised by the Scouts/Girl Guides as well as discussing the proposal with the Tennis Club and providing more detail of the proposed landscape treatment for The Crescent to affected residents, community groups and previous respondents.

5. Prior to construction commencement of the project, Council allow a further round of community consultation for a period of three weeks and a report on any submissions received to be provided to a Councillor Briefing.

6. Note that construction of the project is dependent on the receipt of grant funds from Transport for NSW and that, in the event the funds are forthcoming, the General Manager or his delegate be authorised to review and execute an appropriate funding deed for the project.

Note: During discussion of the Amendment, Councillor McIntosh withdrew her seconding of the Motion moved by Councillor Heyde.

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

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

AGAINST: Councillor Heyde

THE AMENDMENT THEREBY BECAME THE MOTION WHICH WAS PUT AND CARRIED

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

AGAINST: NIL

PUBLIC FORUM – NON-AGENDA ITEMS

Nil

Questions on Notice

Nil

Mayor's Notes

10 MN4/21 Mayor's Notes from 1 April 2021 to 30 April 2021

(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.

Thursday 8^th April 2021 – The Mayor attended the Celebration of Mass for the 35^th Anniversary of The Diocese of Broken Bay at Our Lady of the Rosary Cathedral in Waitara.

Sunday 11^th April 2021 – The Mayor attended the Sri Lanka New Year Celebrations at the Roselea Community Centre in Beecroft.

Saturday 17^th April 2021 – The Mayor attended the Aboriginal Plaque Unveiling outside the Hornsby Shire Council Chambers in Hornsby.

Saturday 17^th April 2021 – The Mayor attended the 100 Year Anniversary of Rotary in Australia and New Zealand at West Pennant Hills and Cherrybrook Rotary Club in Cherrybrook.

Saturday 17^th April 2021 – The Mayor attended the Pennant Hills Food Trucks Fridays in Fisher Avenue, Pennant Hills.

Sunday 18^th April 2021 – The Mayor attended the Brooklyn RSL Sub-Branch ANZAC Day Service at the Memorial Cenotaph at Brooklyn.

Sunday 18^th April 2021 – On behalf of the Mayor, Councillor Waddell attended the Hills District Chapter RSL ANZAC Day Ceremony at Galston Memorial Club.

Sunday 18^th April 2021 - The Mayor attended the Australia India Cenotaph Committee ANZAC Day Service at Cherrybrook.

Wednesday 21^st April 2021 – The Mayor hosted two Citizenship Ceremonies at the Council Chambers in Hornsby.

Friday 23^rd April 2021 – On behalf of the Mayor, Councillor Tilbury attend the Asquith Girls High School ANZAC Day Assembly at Asquith Girls High School, Asquith.

Friday 23^rd April 2021 – The Mayor attended the Galston High School ANZAC Day Ceremony at Galston High School in Galston.

Friday 23^rd April 2021 – On behalf of the Mayor, Councillor Tilbury attended the Northern Districts Cricket Club 96th Annual Presentation Evening at Hornsby RSL.

Friday 23^rd April 2021 – On behalf of the Mayor, Councillor Browne attended the Celebration of Parish Feast Day in the Solemn Mass and Cocktail Supper at the Maronite Catholic Community of St George Parish of Thornleigh.

Saturday 24^th April 2021 – On behalf of the Mayor, Councillor Tilbury attended the Opening and First Games of the Ku-ring-gai Netball Association at Canoon Road Courts in South Turramurra.

Sunday 25^th April 2021 – The Mayor attend the RSL Hornsby Sub-Branch ANZAC Day Dawn Service at Hornsby Cenotaph in Hornsby.

Sunday 25^th April 2021 – On behalf of the Mayor, Councillor Waddell attended the Glenorie RSL Sub-Branch ANZAC Day Dawn Service at the Glenorie Cenotaph in Wal Buckingham Gardens in Glenorie.

Sunday 25^th April 2021 – The Mayor attended the Berowra RSL ANZAC Day Ceremony at Berowra Community Hall in Berowra.

Sunday 25^th April 2021 – On behalf of the Mayor, Councillor Browne attended the Beecroft Community ANZAC Day Ceremony at the Beecroft Cenotaph in Beecroft.

Sunday 25^th April 2021 – The Mayor attended the Glenorie RSL and Sub-Branch ANZAC Day Service at the Glenorie RSL Club in Glenorie.

Monday 26^th April 2021 – The Mayor attended the Barker College ANZAC Observance Ceremony at Barker College in Hornsby.

CALLED OVER AND NOTED

Notices of Motion

Nil

MATTERS OF URGENCY

Nil

THE MEETING concluded at 8:02pm.