Minutes of General Meeting - Wednesday, 13 October 2021

MINUTES OF General Meeting

Hosted audio-visually from the

Council Chambers, HORNSBY

on Wednesday 13 October 2021

at 6:30PM

PRESENT

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

NATIONAL ANTHEM

OPENING PRAYER

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."

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 and Councillor Hutchence in respect of an inability to attend the General Meeting on 13 October 2021 be accepted and a leave of absence be granted.

FOR: Councillors Del Gallego, Heyde, 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

Nil

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 8 September 2021 be confirmed, a copy having been distributed to all Councillors.

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

AGAINST: Nil

petitionS

Nil

presentations

Note: At this point of the meeting, The Mayor advised that former Councillor Nan Horne had been ill and in hospital but has now recovered. He also allowed Councillor Marr to make the following statement:

“I am very sad to announce the recent loss of another significant Hornsby resident, former Hornsby Shire Councillor Mary Kirby. Mary was a good woman with strong convictions and integrity. In 1956, Mary was the first woman to be elected to Hornsby Council. She also became the only Councillor to give birth whilst on Council. She was a member of the Labour Party and a strong community advocate. She strongly supported the construction of the Country Women’s Association restrooms in Hornsby Park. Like many others she was saddened, more than saddened actually, when Hornsby Council pulled the restrooms down for the driveway to a carpark under a newly constructed Hornsby Pool. She also fought hard for the construction and installation of septic tanks in new houses. There is a plaque in Mount Colah Community Centre to represent her as a mark of respect. Mary had five children some of whom still live in Mount Colah. Her son-in-law Mick Gallagher was also a previous Councillor on Hornsby Council. Mary showed her love of travel later in life adventuring in Australia and overseas up until her late eighties. She was very strong, and she had a lot of stamina. We will miss her.”

Rescission Motions

Nil

Mayoral Minutes

15 MM9/21 The Passing of Mr Tom Richmond OAM

(F2004/05878)

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

THAT, on behalf of Councillors and staff, Council offer sincere condolences to the family and friends of Mr Tom Richmond OAM whose contribution to the community, education, cricket and local history in the Hornsby Shire was significant.

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

AGAINST: 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 4, 5, 12, 13 and 14 were withdrawn for discussion.

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

THAT the recommendations in respect of items 1, 2, 3, 6, 7,8, 9 and 10 be adopted.

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

AGAINST: Nil

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

1 GM48/21 Memorandum of Understanding - Hornsby Chamber of Commerce

(F2018/00162#19)

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

THAT Council endorse the Memorandum of Understanding with the Hornsby Chamber of Commerce attached to General Manager’s Report No. GM48/21 such that greater collaboration with business across the Shire can start to be developed.

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

AGAINST: Nil

Corporate Support Division

2 CS68/21 Investments and Borrowings for 2021/2022 - Status for Period Ending 31 August 2021

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS68/21 be received and noted.

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

AGAINST: Nil

3 CS73/21 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

(F2021/00034)

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

THAT Council note the Written Returns of Interest recently lodged with the General Manager have been tabled as required by the Local Government Act.

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

AGAINST: Nil

Community and Environment Division

Nil

Planning and Compliance Division

4 PC15/21 Housekeeping Amendment to Hornsby Development Control Plan 2013

(F2013/00498)

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 WADDELL,

THAT:

1. The draft housekeeping amendments to the Hornsby Development Control Plan (DCP) 2013 attached to Director’s Report No. PC15/21 be placed on public exhibition for a period of 28 days.

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

3. Council prepare a new DCP that applies to Hornsby Shire and excludes the land transferred to the City of Parramatta Council under the Local Government (City of Parramatta and Cumberland) Proclamation 2016.

4. Council write to the City of Parramatta to advise of Council’s resolution to prepare a new comprehensive DCP for Hornsby Shire to reflect the revised local government boundary.

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

AGAINST: Nil

5 PC16/21 Hornsby Thematic History - Report on Submissions

(F2020/00185#01)

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

Mr Roderick Best, on behalf of Beecroft Cheltenham History Group addressed 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 MCINTOSH, seconded by COUNCILLOR MARR,

THAT:

1. Council endorse the Hornsby Thematic History attached to Late Item Memo No. LM8/21, with an additional correction on page 69 of the document that the Kennedy Tennis Club “survives as part of the Beecroft Lawn Tennis Club”.

2. The Heritage Advisory Committee, Council's Strategic Landuse Planning Manager and our Heritage staff be thanked for their work in overseeing the preparation of the Thematic History and that the external Committee members be acknowledged for their representation on the Committee over the Council term.

3. Council write to the Premier and other local State Members to provide a copy of the Thematic History together with a list of nominations under the NSW Government Blue Plaques Program.

4. The above list of nominations be identified from the Thematic History and finalised in consultation with the Heritage Advisory Committee.

5. Submitters be advised of Council’s decision.

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

AGAINST: Nil

Infrastructure and Major Projects Division

Nil

Confidential Items

6 CS69/21 Partial Acquisition of Property for Intersection Upgrade Works in Asquith

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.

(F2020/00345)

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

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. CS69/21.

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

AGAINST: Nil

7 CS72/21 Partial Acquisition of Property for Shared Path in Asquith

(F2021/00084)

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

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. CS72/21.

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

AGAINST: Nil

8 CS76/21 Partial Acquisition of Property for Intersection Upgrade in Hornsby

(F2021/00037)

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

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. CS76/21.

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

AGAINST: Nil

9 CS78/21 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

(F2021/00224)

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

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. CS78/21.

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

AGAINST: Nil

10 CS79/21 Partial Acquisition of Property for Intersection Upgrade Works in Asquith

(F2020/00345)

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

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. CS79/21.

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

AGAINST: Nil

14 PC18/21 Land and Environment Court Legal Proceedings

This report was dealt with in confidential session, under Section 10A (2) (g) of the Local Government Act, 1993. This report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

(DA/1009/2013)

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

THAT Council move in to Confidential Session to discuss the legal advice obtained in relation to Item 14 – Report No. PC18/21 - Land and Environment Court Legal Proceedings.

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

AGAINST: Nil

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

THAT Council move out of Confidential Session.

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

AGAINST: Nil

_____________________________

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

THAT Council progress this matter in accordance with Option A as outlined in Confidential Director’s Report No. PC18/21.

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

AGAINST: Nil

PUBLIC FORUM – NON AGENDA ITEMS

Nil

Questions with Notice

Nil

Mayor's Notes

11 MN7/21 Mayor's Notes 01 September 2021 to 30 September 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.

Wednesday 22^nd September 2021 – The Mayor hosted three online Citizenship Ceremonies via Zoom.

Thursday 23^rd September 2021 – The Mayor hosted three online Citizenship Ceremonies via Zoom.

Wednesday 29^th September 2021 – The Mayor hosted three online Citizenship Ceremonies via Zoom.

CALLED OVER AND NOTED

Notices of Motion

12 NOM10/21 Fagan Park

(F2004/07831-009)

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.

Ms Karen Benhar, on behalf of Friends of Berowra Valley provided a submission to Council regarding this item.

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

THAT:

1. Council note the extraordinary popularity and use of Fagan Park by the local community and its position as a regional destination.

2. Council note that this popularity together with planned future improvements at the Park will result in increasing demands on the facility.

3. Council ensure the management of the facility is fully integrated and achieves the greatest benefit for the community and for the Park. To this end, a Councillor Workshop be convened as soon as practical in the next term of Council to discuss and review the implementation of current strategies and future actions.

4. The Workshop consider but not be limited to the following matters:

a) Adopted strategies such as the Economic Development and Tourism Strategy; Parking Strategy; Play Plan; on and off site carparking; and access to the site including wayfinding, signage and alternatives to private vehicles.

b) Opportunities to support a sustainable approach to permanent on-site catering and opportunities to support a program of third party, commercial and community-initiated events.

c) How competing uses on the site can be managed into the future.

d) How annual parking passes for the Park and other recreational destinations can be extended to nearby communities.

e) The existing Fagan Park Plan of Management.

5. The outcomes from the Workshop be considered in the development of the 2022/23 Delivery Program and Operational Plan.

6. The current annual Fagan Park Parking Pass be promoted to the community utilising every available channel, and safety issues on roads around the Park be investigated and assessed.

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

AGAINST: Nil

13 NOM11/21 Safety Upgrade: Kirkham Street Beecroft

(F2004/09758)

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

Mr Laurence Chen, of Beecroft addressed Council regarding this item.

Mr Chetan Shah, of Beecroft addressed Council regarding this item.

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

THAT Council:

1. Note longstanding community concern about the safety of pedestrians and motorists at the intersection at Kirkham Street and Beecroft Road.

2. Note that 27 crashes at the intersection of Beecroft Road and Kirkham Street have been recorded since 2010. 10 were major tow-aways. 16 of the crashes have resulted in injuries.

3. Write to the Minister for Transport and Roads, Andrew Constance MP and local member Dominic Perrottet MP, asking for traffic lights to be installed at the intersection of Kirkham Street and Beecroft Road.

4. Send copies of the letter to the residents and community groups that have contacted Hornsby Council asking for action to remediate the danger at this intersection.

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

AGAINST: Nil

MATTERS OF URGENCY

Nil

QUESTIONS WITHOUT NOTICE

Nil

THE MEETING concluded at 7:47pm.

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

CONFIRMED CHAIRMAN

______________________________________________________________________________