PRESENT
Councillors Hutchence, (Chairman),
Browne, del Gallego, Heyde, Marr, McIntosh, Nicita, Tilbury and Waddell.
Note: Councillor Browne joined
the meeting at 6:37pm. He was not present for Apologies / Leave of Absence.
NATIONAL
ANTHEM
OPENING
PRAYER
Captain Lydia Hong from Hornsby Salvation
Army, 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 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
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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 TILBURY declared a Less Than Significant
Non-Pecuniary Interest in relation to Item 10 – NOM9/21 - Hornsby’s
Cycling Economy – Road Cycling and Mountain Biking in Hornsby Shire - refer
to that Item for details.
confirmation of minutes
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
|
petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
NOTE: Confidential Mayoral
Minute No. MM8/21 is included in the ‘Confidential Items’ section
of these Minutes as Item 11.
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
THE
DEPUTY MAYOR ANNOUNCED his intention to deal with the balance of the Business
Paper by the exception method and announced the items.
Items 3, 5, 9, and 10 were withdrawn for discussion.
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
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For the
sake of clarity, the above items are recorded in Agenda sequence.
Note: Item 8 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
Nil
Office of the General Manager
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
|
Corporate Support Division
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
|
Community and Environment Division
Nil
Planning and Compliance Division
Nil
Infrastructure and Major Projects Division
Nil
Confidential Items
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
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions with Notice
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
|
Mayor's Notes
Nil
Notices of Motion
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
|
MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING concluded at 7:44pm.
These Minutes were confirmed at the meeting held on Wednesday
13 October 2021, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________