MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 10
November 2021
at 6:30PM
PRESENT
Councillors Ruddock (Chairman),
Browne, del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Tilbury and
Waddell.
NATIONAL
ANTHEM
OPENING
PRAYER
Father Stephen Wayoyi of St Agatha’s Catholic Church,
Pennant Hills 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
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
NICITA, seconded by COUNCILLOR BROWNE,
THAT the Minutes of the General Meeting held on Wednesday
13 October 2021 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
COUNCILLOR TILBURY tabled a petition with 165
signatures from the Cowan community seeking the provision of basketball
facilities in Cowan.
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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14 MM12/21 The
Passing of Dr Jacqui Goodard
(F2004/05878)
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Mr Ross Walker, on
behalf of Beecroft Cheltenham Civic Trust addressed Council regarding this
item.
RESOLVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by
COUNCILLOR DEL GALLEGO,
THAT, on behalf of
Councillors and staff, Council offer sincere condolences to the family and
friends of Dr Jacqui Goddard whose contribution to community, heritage and
conservation in Hornsby Shire was significant.
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.
Items 1, 6, 8, 10, and 11 were withdrawn for discussion.
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RESOLVED ON THE MOTION OF COUNCILLOR BROWNE,
seconded by COUNCILLOR TILBURY,
THAT the recommendations in respect of items 2, 3, 4, 5, 7,
9, 12 and 13 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: 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.
Note: Persons wishing to address
Council on Non-Agenda items were permitted to speak after all items on the
Agenda were finalised by Council. Their names are recorded in the Minutes under
the heading “Public Forum – Non Agenda Items”.
GENERAL BUSINESS
Office of the General Manager
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1 GM35/21 Hornsby
Shire Council Annual Report 2020/21, and End of Term Report 2021 on the
Implementation of Hornsby Shire's Community Strategic Plan
(F2020/00006)
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RESOLVED ON THE
MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR TILBURY,
THAT:
1. The
Hornsby Shire Council Annual Report 2020/21 attached to General
Manager’s Report No. GM35/21 be received and noted.
2. The document titled “End of Term Report
2021” attached to General Manager’s Report No. GM35/21 be
received and noted and form part of the Annual Report.
3. The
Annual Report be supplemented by Council’s 2020/21 Audited Financial
Statements once they are “presented to the public” at the 10
November 2021 General Meeting.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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2 GM49/21 Code
of Conduct Complaints - Annual Report
(F2006/00554)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT the contents of General Manager’s Report No. GM49/21 be
received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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3 GM50/21 COVID-19
Pandemic - Update on Council's Response
(F2009/00827)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT the contents of
the General Manager’s Report No. GM50/21 be received and noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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4 GM53/21 Audit
Risk and Improvement Committee - OLG Guidelines and Appointment of
Chairperson
(F2019/00136)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT:
1. Mr
Stephen Coates be appointed as the Chairperson of the Hornsby Shire Council
Audit Risk and Improvement Committee.
2. The
fee offered to Mr Coates be $16,000 per annum.
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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5 CS70/21 2021/22
Budget - September 2021 Quarter Review
(F2020/00348)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT the September 2021
Quarter Review of the Operational Plan
(Budget) for 2021/22 be received and
noted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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6 CS74/21 2020/21
Audited Financial Statements - Presentation to the Public
(F2021/00135)
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Ms Karen Taylor from
the Audit Office of NSW made a presentation in respect of Council’s
2020/21 Audited Financial Statements.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by
COUNCILLOR BROWNE,
THAT the 2020/21 General Purpose and Special Purpose Financial
Statements and associated Auditor's Report, as presented to the public on 10
November 2021, be adopted.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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7 CS85/21 Investments
and Borrowings for 2021/2022 - Status for Period Ending 30 September 2021
(F2004/06987-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
That the contents of
Director’s Report No. CS85/21 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
Nil
Planning and Compliance Division
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8 PC17/21 Exhibition
of the Peat Island Planning Proposal
(F2021/00030)
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Mr Robert Arnold, on behalf of Brooklyn Community
Association addressed Council regarding this item.
Ms Di Bowles, on behalf of
Brooklyn Community Association addressed Council regarding this item.
Mr Ross Walker, of Beecroft addressed Council regarding
this item.
Ms Jan Primrose, on
behalf of Protecting Your Suburban Environment Inc. provided a submission to
Council regarding this item.
MOVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by
COUNCILLOR MCINTOSH,
THAT the submission
regarding the Peat Island Planning Proposal attached to Late Item Memo No. LM10/21
be forwarded to Central Coast Council to advocate for amendments to the
Planning Proposal and further detailed analysis of issues including potential
impacts on Brooklyn.
AN AMENDMENT WAS MOVED BY COUNCILLOR HEYDE,
THAT:
1.
The submission regarding the Peat Island
Planning Proposal attached to Late Item Memo No. LM10/21, with the addition of climate, biodiversity
and water-wise considerations, be forwarded to Central Coast Council to
advocate for amendments to the Planning Proposal and further detailed
analysis of issues including potential impacts on Brooklyn.
2.
A copy of the submission be forwarded to
local State Members; the Minister for Environment and Energy and local
member, Matt Kean; the Minster for Planning, Rob Stokes; and Labor and Greens
Environment and Planning spokespeople.
DUE TO A LACK OF SECONDER, THE AMENDMENT LAPSED.
THE MOTION, MOVED BY COUNCILLOR TILBURY, seconded by
COUNCILLOR MCINTOSH WAS PUT AND CARRIED.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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9 PC19/21 Reporting
Variations to Development Standards
(F2004/07599-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT the
contents of Director’s Report No. PC19/21 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
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10 IM11/21 NSW
Road Classification Review and Regional Road Transfer
(F2004/08585)
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Ms Jan Primrose, on behalf of Protecting Your
Suburban Environment Inc. provided a submission to Council regarding this
item.
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded
by COUNCILLOR TILBURY,
THAT:
1. Council
support the preparation of a submission to the NSW Road Classification
Review and Transfer Panel to reclassify the full length of Hastings Road,
Castle Hill from a Local Road to a Regional Road classification.
2. A
copy of the submission be provided to Councillors
for information following its preparation.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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11 IM4/20 Report
on Submissions - Draft Walking and Cycling Strategy
(F2018/00162#31)
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Mr Ross Walker,
on behalf of Beecroft Cheltenham Civic Trust addressed Council regarding this
item.
Ms Jan Primrose, on
behalf of Protecting Your Suburban Environment Inc. provided a submission to
Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by
COUNCILLOR BROWNE,
THAT Council:
1. Endorse
the proposed changes to the Walking and Cycling Strategy highlighted in
yellow in the attachment to Deputy General Manager’s Report No. IM4/20.
2. Endorse
the amended Walking and Cycling Strategy to assist with the securing of
grants and the implementation of operational matters addressed in the
Strategy.
3. Authorise
consideration of the preparation and funding of an Active Transport Plan as
part of the development of the 2022-26 Delivery Program to address the full
gambit of walking and cycling activity along with the associated benefits and
supporting infrastructure and promotion opportunities outlined in Deputy
General Manager’s Report No. IM4/20.
4. Notify
those who lodged a submission of Council’s decision.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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Confidential Items
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12 PC20/21 Potential
Legal Proceedings
This report was deemed confidential, 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.
(F2021/00270)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT Council
progress this matter in accordance with the actions outlined in the
conclusion of Confidential Director’s Report No. PC20/21.
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
Mr Paul Keighery, on behalf of East Thornleigh Safety Group
addressed Council regarding safety issues relating to the Thornleigh station
pedestrian footbridge.
Questions with Notice
Nil
Notices of Motion
Nil
Supplementary Reports
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13 PC22/21 Exhibition
of Infrastructure Contributions Reform Package
(F2010/00015-04)
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RESOLVED ON THE
MOTION OF COUNCILLOR BROWNE, seconded by COUNCILLOR TILBURY,
THAT the General
Manager be delegated authority to make submissions on the Department of
Planning, Infrastructure and Environment’s Infrastructure Reform
Package and the draft report from the Independent Pricing and Regulatory
Tribunal, which are currently on exhibition.
FOR: Councillors
Browne, Del Gallego, Heyde, Hutchence, Marr, McIntosh, Nicita, Ruddock,
Tilbury and Waddell
AGAINST: Nil
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MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
___________________________
Note: Just prior to the close of the Meeting, the Mayor
thanked Councillors Browne and Hutchence, both of whom are not standing for
re-election, for their service to Hornsby Shire and the community over their
terms as Councillors.
Mr Ross Walker, on behalf of Beecroft Cheltenham Civic Trust
addressed Council about this term of Council and supported the Mayor in thanking
Councillors Browne and Hutchence for their service to Council and the community
over an extended period.
THE MEETING concluded at 7:58pm.
These Minutes were confirmed at the meeting held on Wednesday
9 February 2022, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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