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

THAT the apology and request for leave of absence from Councillor Ruddock in respect of an inability to attend the General Meeting on 8 September 2021 be accepted and a leave of absence be granted.

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

AGAINST:         Nil

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

THAT the Minutes of the General Meeting held on Wednesday 11 August 2021 be confirmed, a copy having been distributed to all Councillors.

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

AGAINST:         Nil

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

THAT the recommendations in respect of items 1, 2, 4, 6, 7, 11 and 12 be adopted.

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

AGAINST:         Nil

1                 GM43/21      Performance Report June 2021 - Delivery Program 2020-2022 and Quarterly Budget Review Statement

(F2020/00027)

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

THAT the:

1.         June 2021 Performance Report showing progress of the Delivery Program 2020-2022 including the 2020/21 Operational Plan and Budget be received and noted.

2.         Quarterly Budget Review Statement for the period ending June 2021 be received and              noted.

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

AGAINST:         Nil

2                 GM44/21      COVID-19 Pandemic - Update on Council's Response

(F2009/00827)

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

THAT the contents of General Manager’s Report No. GM44/21 be received and noted.

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

AGAINST:         Nil

3                 CS60/21      Election of Deputy Mayor

(F2004/07075)

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

THAT:

1.         Council elect a Deputy Mayor for the period to the next local government election.

2.         The election of Deputy Mayor be conducted by the General Manager using the Open Voting method.

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

AGAINST:         Nil

___________________________

The General Manager announced that he had received two written nominations for the position of Deputy Mayor, nominating Councillor Hutchence and Councillor Nicita.  No further nominations were received.  Councillor Hutchence and Councillor Nicita confirmed and accepted the nominations.

The General Manager explained the procedures for voting by the Open Voting method and conducted the election in respect of the candidates.

At the conclusion of the count, the General Manager announced that Councillor Hutchence had received five votes and Councillor Nicita had received four votes.  Councillor Hutchence was elected as Deputy Mayor until the next local government election.

4                 CS61/21      Councillor Representation on Committees, Working Parties and Other Relevant Groups - September 2021 to the Next Local Government Election

(F2004/07056)

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

THAT Council extend the current Councillor representation on Committees, Working Parties and other relevant groups detailed in the attachment to Director’s Report No. CS61/21 for the period to the next local government election.

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

AGAINST:         Nil

5                 CS53/21      Local Government NSW - 2021 Annual Conference - Determination of Voting Delegates for Board Election

(F2021/00005)

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

THAT:

1.             Councillors Browne, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock and Tilbury be registered as voting delegates for the 2021 LGNSW Board postal vote election. 

2.             All Councillors be registered for attendance at the Local Government NSW Online Conference to be held on 29 November 2021.

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

AGAINST:         Nil

6                 CS55/21      Investments and Borrowings for 2021/2022 - Status for Period Ending 31 July 2021

(F2004/06987-02)

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

That the contents of Director’s Report No. CS55/21 be received and noted.

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

AGAINST:         Nil

7                 CS58/21      General Purpose and Special Purpose Financial Reports - 2020/21 Financial Year

(F2021/00135)

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

THAT the:

1.         2020/21 General Purpose and Special Purpose Financial Reports be received and noted and referred for audit.

2.         Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2020/21 Financial Reports.

3.         2020/21 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Report.

4.         General Manager be delegated authority to fix the date of the General Meeting at which the 2020/21 Financial Reports and Auditor’s Report will be formally “presented to the public”.

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

AGAINST:         Nil

11                MM8/21       General Manager's Performance Review for 2020/21 and Establishment of a Performance Agreement for 2021/22

This Mayoral Minute was deemed confidential, under Section 10A (2) (a) of the Local Government Act, 1993. This Mayoral Minute contains personnel matters concerning particular individuals (other than councillors)..

(F2013/00402)

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

THAT:

1.         The contents of Confidential Mayoral Minute No. MM8/21, which is submitted on behalf of the General Manager Performance Review Committee, be received and noted by Council.

2.         Council note the following statement made by the Committee on the 2020/21 performance of the General Manager:

“The Committee finds the General Manager’s leadership of the organisation has been creditable with excellent achievement in some areas, but with more to be done. In such a challenging year and in exceptional circumstances, the General Manager and his team have performed particularly well with a balanced budget, and the successful delivery of community priorities and projects.”

3.         The following priorities detailed in Confidential Mayoral Minute No. MM8/21 be endorsed for inclusion in the General Manager’s Personal Performance Agreement for 2021/22:

·              Project Delivery and Co-ordination

o     Hornsby Park – achieve detailed design and approvals and ensure broader community excitement and engagement in the project

o     Westleigh Park – achieve completion of the Masterplan with broad community support

o     Co-ordinate a significantly increased capital program ($56 million) as per milestones

·              Financial Management - Expenditure, Funding and Priorities

o     Undertake a comprehensive review of the Long-Term Financial Plan which addresses the widening gap between priorities and sustainable funding

·              Customer Experience Strategy 

o     Complete and implement the Strategy this calendar year

·              Organisational Review and Cultural Development

o     Complete a review of the organisation structure in the first year of the new Council term as required by Section 333 of the Local Government Act

o     Update and measure organisational culture through reinstatement of the annual staff culture survey

·              New Council Induction Program

o     Continue existing planning and implement with the new Council

·              Community Engagement

o     Commence implementation of the Community Engagement Strategy

o     Establish a clear expectation of what the community can expect with regards to major projects

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

AGAINST:         Nil

12                CS71/21      Owner Initiated Acquisition of Land

This report was deemed confidential, under Section 10A (2) (b) (g) of the Local Government Act, 1993. This report contains information relating 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

(F2021/00222)

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

THAT Council authorise the General Manager to progress the matter in line with the next steps outlined in the Discussion Section of Confidential Director’s Report No. CS71/21.

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

AGAINST:         Nil

8                 QWN1/21     Question With Notice - COVID19 Pandemic - Impact on Council Finances and Staffing

(F2004/09351)

ASKED BY COUNCILLOR McIntosh

To the General Manager:

1.         Could the General Manager advise, preferably by Report to the next Council Meeting, the impact of this current COVID-19 extended lockdown on Council’s finances, specifically in regard to the loss of revenue and the likely impact on the current Council budget and future services?

2.         Have any Hornsby Council staff been stood down under the Local Government Splinter Award, and if so, for how long?

3.         How many casual staff were stood down? Were these staff employed directly by Council? Were casual staff affected by this able to be offered any alternative employment within Council.

Response

Council officers have undertaken an assessment of the financial impact on the 2021/22 Budget due to the COVID-19 pandemic lockdown measures. The assessment is a best estimate based on Council’s past experience of income and expenditure from facility closures during the first round of lockdown measures in 2020 compared to budgeted amounts in the 2021/22 Annual Budget.

The estimated financial impact to the 2021/22 Annual Budget is a net income reduction of $362K for each month NSW is in lockdown.

As noted in General Manager’s Report No. GM43/21 (Performance Report June 2021 - Delivery Program 2020-2022 and Quarterly Budget Review Statement) which is to be considered at this Meeting, Council achieved a budget surplus $2.832 million greater than forecast at 30 June 2021, largely because Council’s financial recovery from COVID-19 occurred faster than anticipated.

This better than expected surplus is intended to be transferred to the 2021/22 Annual Budget to help offset the financial impact of COVID-19 in that year. Based on the assessment undertaken, this amount is sufficient to cover the financial impact of lockdown measures for up to eight months based on current estimates. Income and expenditure levels compared to the budget will continue to be monitored throughout 2021/22 as part of the quarterly review process.

In response to the closure of indoor facilities on 26 June 2021 in line with the Public Health Order, it was necessary to stand down all casual staff employed by Council within libraries, aquatic and leisure centres, Brickpit Stadium and Council’s community centres. Those staff were advised that it would not be possible to offer any further shifts to them until further notice. Where staff have lost at least 8 hours per week of work, they are entitled to apply for Government wage supplements.

The initial lockdown period was in place for a two-week period from 26 June until 9 July and any casual staff members rostered during that time period were paid for those shifts. 83 casual staff members were rostered and paid by Council in the fortnight that included 9 July 2021. 55 of this number were employed in our Aquatic and Brickpit Team, 13 in our Libraries, nine in Natural Resources and six in other areas of Council. It has not been possible to provide other suitable duties for affected casual staff.

With respect to permanent staff, where it has been necessary to close or restrict their service, where they have not been able to work from home fully or partially, and where Council has been unable to identify suitable/alternate duties, it has been necessary to temporarily stand them down or to temporarily engage them for only part time hours in accordance with the provisions of the NSW Local Government Splinter Award.

Under the Splinter Award, staff who cannot perform work for the reasons mentioned above are paid COVID Special Leave for up to four weeks, assuming their service is still temporarily closed or temporarily restricted for that length of time. Staff who can only perform their work from home on a partial basis, or full-time staff that can only be provided work in the workplace on a temporarily part time basis are paid COVID Special Leave for the remainder of their weekly work hours, up to the equivalent four-week period. A total of 101 staff have accessed the COVID Special Leave provisions of the Splinter Award. Of this number, 88 were due to the two-week construction lockdown.

As at the date of providing this response, no staff have exhausted their four-week COVID Special Leave entitlement. Under the Splinter Award, where staff have exhausted the equivalent of four weeks of COVID Special Leave, they are then required to proceed onto accrued annual leave where that accrued leave exceeds four weeks.

When this leave entitlement is reduced to four weeks, they are then eligible for a fixed payment of $888.50 per week, paid as a Job Retention Allowance for up to 13 weeks. This payment can be supplemented from existing leave balances to preserve income levels if required. At this point, it has not been necessary to contemplate these latter provisions of the Splinter Award for staff.

CALLED OVER AND NOTED

9                 NOM8/21     Embracing a Zero-Carbon Future

(F2010/00262)

Mrs Carolyn Crossman, of Normanhurst provided a submission to Council regarding this item.

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

THAT Council: 

1.         Note the warning from the Intergovernmental Panel on Climate Change (IPCC) that there is a narrowing window of opportunity to prevent catastrophic climate change.

2.         Note that Council’s emissions reductions targets for its community and its own operations will need to be reviewed in light of the latest IPCC science on keeping temperatures at 1.5 degrees or less of warming.

3.         Acknowledge the leadership of the Member for Hornsby and Environment Minister Matt Kean in substantially increasing renewable generation, dispatchable generation, ongoing jobs and grid stability for NSW. 

4.         Note that Australia has an abundance of low-cost renewable energy resources and can leverage our competitive advantages to meet growing global demand for zero-emissions products. 

5.         Request all local Federal Members of Parliament to support the Community Protection Pledge, a set of 10 commitments for keeping residents safe from worsening extreme weather, distilled from the Final report of the National Bushfire and Climate Summit 2020. 

6.         Write to the Energy Minister Angus Taylor and Prime Minister Scott Morrison urging them to take ambitious 2030 and 2050 targets to COP26 UN Climate Change Conference in November 2021 to modernise Australian industry and create jobs.

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

AGAINST:         Councillor Tilbury

10                NOM9/21     Hornsby’s Cycling Economy – Road Cycling and Mountain Biking in Hornsby Shire

(F2018/00162#31)

Note: COUNCILLOR TILBURY declared a Less Than Significant Non-Pecuniary Interest in this item under Clause 5.11 of Council's Code of Conduct (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR TILBURY on the Declaration of Interest form as “My daughter and I own mountain bikes and are regular users of Council sanctioned mountain bike tracks, such as Old Mans Valley, as well as unsanctioned mountain bike tracks around the Shire, such as fire trail networks” and the explanation of why the interest does not require further action in the circumstances is “The interest is less than significant and non-pecuniary. I will be staying for debate and voting on the item.”

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

Mr John Inshaw, of Galston addressed Council regarding this item.

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

THAT:

1.         A report on the public exhibition of the Draft Walking and Cycling Strategy be brought back to Council as soon as is practicable.

2.         The report give consideration for a future new Strategy to include: 

a)            How mountain biking can be addressed across the Shire.

b)            An analysis of cycling activity and infrastructure in our Shire including learn to ride; pump tracks; criterium tracks; 'pop-up' tracks; mountain bike trails; commuter cycling; recreational road cycling such as the Three Gorges Ride; and charity events such as the Bobbin Head Cycle Classic.

c)             The economic impact and benefits of recreational cycling, road cycling and mountain biking and how Hornsby Shire can benefit from capitalising on this existing trend.

d)            How Council can expeditiously develop a comprehensive Cycling and Mountain Bike Strategy to inform other key current projects. 

3.         A Workshop be held with Councillors to discuss the options available to Council in regard to: 

a)            The development of the Strategy, and how it will relate and engage with the Strategies or position of other public landholders such as the National Parks and Wildlife Service or Crown Lands.

b)            How it will work with other Council Strategies such as the planned Natural Areas Recreation Strategy.

c)             A recommended consultation and engagement approach.

d)            Resources and funding available to complete the Strategy.

FOR:                Councillors Browne, Heyde, Hutchence, Marr, McIntosh, Nicita and Waddell

AGAINST:         Councillors Del Gallego and Tilbury