MINUTES OF General Meeting
Held at Council chambers, HORNSBY
on Wednesday 8
February 2023
at 6:30PM
Welcome to country
Following
a Smoking Ceremony held prior to the Council Meeting in the Council Chambers
Courtyard, a Welcome to Country was given by the Darug and GuriNgai Traditional
Owner representative, Uncle Laurie Bimson.
PRESENT
Councillors Ruddock (Chairman),
Ball, Greenwood, Heyde, McClelland, Salitra, Tilbury and Waddell.
NATIONAL
ANTHEM
OPENING
PRAYER
Pastor
David Nathan of The Hive Church, Hornsby will open 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."
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
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Waddell,
THAT the apology and request for leave of absence from
Councillor McIntosh and Councillor Pillamarri in respect of an inability to
attend the General Meeting on 8 February 2023 be accepted and a leave of
absence be granted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, 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 9 – NOM1/23
– Impact of Cats on Native Wildlife. Refer to that Item for details.
confirmation of minutes
|
RESOLVED ON THE MOTION OF COUNCILLOR
TILBURY, seconded by COUNCILLOR MCCLELLAND,
THAT the Minutes of the General Meeting held on Wednesday
14 December 2022 be confirmed, a copy having been distributed to all
Councillors.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
|
10 MM1/23 The
Passing of Mr Allan Watson
(F2004/05878)
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RESOLVED ON THE
MOTION OF COUNCILLOR RUDDOCK, seconded by COUNCILLOR HEYDE,
THAT Council offers
its sincere condolences to the family and friends of Mr Allan Watson whose
contribution to the Hornsby Aboriginal and Torres Strait Islander
Consultative Committee was significant.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, 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 4 and 9 were withdrawn for discussion.
|
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR ball,
THAT the recommendations in respect of items 1, 2, 3, 5
and 6 be adopted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
For the sake of clarity, the above
items are recorded in Agenda sequence.
Note: Items 7 and 8 were called
over and noted.
Note: Persons wishing to address
Council on matters which were on the Agenda were permitted to address Council,
prior to the item being discussed. The names of 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 in respect of which there was a speaker from the public 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 GM2/23 Performance
Report December 2022 - 2022-2026 Delivery Program; and Budget 2022/23 -
December Quarter Review
(F2022/00059)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BALL,
THAT the:
1. December
2022 Performance Report showing progress of the 2022-2026 Delivery Program
including the 2022/23 Operational Plan and Budget, be received and noted.
2. Quarterly
Budget Review Statement for the period ending December 2022 be received and
noted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
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Corporate Support Division
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2 CS1/23 Investments
and Borrowings for 2022/23 - Status for Period Ending 30 November 2022 and 31
December 2022
(F2004/06987-02)
|
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BALL,
That the contents of
Director’s Report No. CS1/23 be received and noted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
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3 CS2/23 Councillor
Expenses and Facilities Policy - Reporting Required by Section 15 of the
Policy
(F2004/09552-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BALL,
THAT Council note
that details regarding the provision of Councillor expenses and facilities
for the period from 1 July 2022 to 31 December 2022 have been tabled in
accordance with the Councillors’ Expenses and Facilities Policy.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
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4 CS3/23 Election
of Deputy Mayor
(F2004/07075)
|
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR HEYDE,
THAT:
1.
Council elect a Deputy Mayor for the period to February 2024.
2.
The election of Deputy Mayor be conducted using the Open Voting method.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
___________________________
The Mayor
asked the General Manager to act as Returning Officer and conduct the
election of the Deputy Mayor.
The General Manager announced that he had received one
written nomination for the position of Deputy Mayor, that being for
Councillor Waddell. Councillor Waddell confirmed his acceptance of the
nomination.
As no further nominations were received, the General
Manager announced that Councillor Waddell was elected as Deputy Mayor for the
period to February 2024.
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Community and Environment Division
Nil
Planning and Compliance Division
|
5 PC1/23 Conflict
of Interest Policy for Council-Related Development and Applications Involving
Council Staff or Councillors
(F2022/00165)
|
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BALL,
THAT:
1. Council
endorse the amended ‘Conflict of Interest Policy for Proposed Council Development
and Applications Involving Council Staff or Councillors’ attached the
Director’s Report No. PC1/23 for public exhibition.
2. The
Policy be exhibited for a minimum of 28 days and subject to no
objections being received raising significant issues, delegation be granted
to the General Manager to approve the Policy.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
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6 PC2/23 Reporting
Variations to Development Standards
(F2022/00271)
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RESOLVED ON THE
MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BALL,
THAT the
contents of Director’s Report No. PC2/23 be received and noted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
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Infrastructure and Major Projects Division
Nil
PUBLIC FORUM – NON AGENDA ITEMS
Mr Phil Newman, of Westleigh addressed Council regarding Mountain
Bike trails at Westleigh Park.
Mrs Karen Benhar, on behalf of Friends of Berowra Valley
addressed Council regarding Mountain Bike trails at Westleigh Park.
Mr John Inshaw, of Galston addressed Council regarding
traffic impacts associated with Westleigh Park.
Ms Dana Logiudice, on behalf of Westleigh Progress
Association addressed Council regarding traffic impacts associated with
Westleigh Park.
Ms Jan Primrose, on behalf of Protecting Your Suburban
Environment Inc. addressed Council regarding traffic impacts associated with
Westleigh Park.
___________________________
Note: At this point in the meeting
the Deputy General Manager - Infrastructure and Major Projects, provided
further explanation of the responses provided in Late Item Memo No. LM1/23
relating to Item 7 – QWN1/23 – Traffic Impacts Associated with
Westleigh Park.
Questions with Notice
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7 QWN1/23 Traffic
Impacts Associated with Westleigh Park
(F2021/00108-002)
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Responses to the Questions with Notice asked
by Councillor Tilbury to the General Manager - QWN1/23, are provided below:
1. The
Save Westleigh Park group asserts that the proposed Westleigh Park recreation
complex (including three sporting platforms) will bring an enormous increase
in traffic to the local area? Is this correct? What does
Council’s traffic modelling for the site outline and how will traffic
be managed?
Response
Westleigh Park will provide
much needed recreation facilities for our community. Council purchased
the site in 2016 for $21 million when Sydney Water had proposed to develop
the site into a residential housing development.
Responding to identified
community needs, Council’s proposal includes multi-use sporting fields
for various organised sports and amenities buildings, a playground and
passive recreation opportunities, car parking and a link between Quarter
Sessions Road and Sefton Road.
Based on the current masterplan
for the site, the Westleigh Park proposal will generate significantly less
traffic movements than previous planning proposals for the site.
Traffic modelling undertaken for the project shows that the road network,
with some planned junction upgrades, has adequate capacity to accommodate
additional traffic generated by park users, when fully developed. It is
important to note that sharing movements via two roads (Quarters Sessions
Road as the main access for the park and Sefton Road as the secondary access)
will benefit the wider community of Hornsby Shire as well as improve
evacuation routes for Westleigh in case of an emergency. Most of our
local roads with connections to parks and sporting fields generally carry
higher volumes than those expected in Sefton Road. Some roads near
Pennant Hills Park experience double the volume of traffic expected in Sefton
Road due to the fact that only one road is available in and out of the area. It
is also important to note that the facilities planned for Westleigh Park (when
fully developed) will generate about 40% of the traffic generated by the
facilities at Pennant Hills Park.
Through access from the park to Sefton Road will be
limited to ensure that the impacts on Sefton Road residents are minimised,
whilst balancing traffic loads across the entire area for the benefit of all
the community. This will be achieved with the installation of a locked
gate(s) at appropriate locations within the internal road system. The
gated system will be incorporated as part of the park management system to
minimise the impact on local residents. The gate system will allow
Council to limit access to the park to peak times of the park and emergency
use. This will provide improved benefits to the wider community of Westleigh.
2. The
Save Westleigh Park group alleges that the Sefton/Chilvers Road intersection
is currently exceeding capacity. Is this the case?
Response
The intersection of Sefton and Chilvers Road is not
operating near capacity. In fact, the traffic modelling shows that the
intersection has spare capacity into the future. Council has previously
committed to upgrade this intersection (traffic signals), independent to the
development of Westleigh Park, to improve traffic safety and pedestrian
amenity in this area. The upgrade of this intersection will benefit local
retailers and residents in the Thornleigh area by facilitating safe and
controlled access for vehicle and pedestrian movements travelling from Sefton
Road onto Chilvers Road and vice versa. The community will be consulted
regarding this proposal in due course.
3. The
Save Westleigh Park group alleges that when completed, the Westleigh Park
recreation complex will add another 1500 vehicles per day to Sefton
Road. Is this correct?
Response
Traffic modelling has assumed that access via Sefton Road
will be limited and that park access will be shared by the two approach
routes which includes Quarter Sessions Road. Council is mindful of the
potential impact of providing a normal traffic thoroughfare for park traffic
and is therefore proposing to limit the volume of traffic in Sefton
Road. This will be reinforced with a gate(s) at appropriate locations
within the internal road system. The gated system will be incorporated
as part of the park management system to minimise the impact on local
residents. The gate system will allow Council to limit access to the park to
peak times of the park and emergency use. This will provide improved benefits
to the wider community of Westleigh. The road remains well within its
capacity and certainly at less than what might be expected should residential
development within the precinct proceed.
4. The
Save Westleigh Park traffic petition alleges that as a result of the
Westleigh Park recreation complex, traffic lights will be installed at the
Sefton/Duffy Road intersection causing bumper to bumper traffic queues.
Is this correct? What is proposed for the Sefton/Duffy Road
intersections?
Response
The
Save Westleigh Park group have outlined concern that a road connection
through Sefton from Quarter Sessions Road will draw traffic from the Duffy
Road intersection, adding congestion to the Chilvers Road intersection,
particularly if it is signalised.
Traffic
modelling shows that the intersection of Sefton Road and Chilvers Road has
spare capacity into the future. Notwithstanding, Council has previously
committed to upgrade the intersection of Sefton Road with Chilvers Road
(traffic signals), independent to the development of Westleigh Park, to
improve traffic safety and pedestrian amenity in this area. The upgrade
of this intersection will benefit local retailers and residents in the
Thornleigh area by facilitating safe and controlled traffic and pedestrian
access from Sefton Road onto Chilvers Road.
In
relation to the intersection of Duffy Avenue and Chilvers Road,
Council’s study has identified the need to further upgrade the
intersection. This may involve but not be limited to additional lanes
in Duffy Avenue.
The
road network will operate to the benefit of the broader community from
Westleigh, offering an alternate access during emergency and balancing access
during normal periods of use of the local recreation facilities.
CALLED OVER AND NOTED
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Mayor's Notes
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8 MN1/23 Mayor's
Notes 01 December 2022 to 31 January 2023
(F2004/07053)
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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 1st
December 2022 – The Mayor and Deputy Mayor, Councillor Tilbury,
attended Get NSW Active – Brooklyn Kangaroo Point Boardwalk and Shared
Path at Brooklyn Kangaroo Point.
Friday 2nd
December 2022 – On behalf of the Mayor, Councillor Greenwood
attended Mount St Benedicts College, Presentation Day at Mount Saint Benedict
College, Pennant Hills.
Saturday 3rd
December 2022 – On behalf of the Mayor, Deputy Mayor Councillor
Tilbury, attended the opening of the rejuvenated Berowra Tennis Centre at
Berowra Tennis Centre.
Saturday 3rd
December 2022 – The Mayor attended the Art Exhibition,
International Day for People with Disability at Wallarobba Arts and Cultural
Centre, Hornsby.
Tuesday 6th
December 2022 – The Mayor attended Barker College End of Year
Presentation Day - Junior School Celebration Ceremony at the Rosewood Centre,
Barker College.
Tuesday 6th
December 2022 – On behalf of the Mayor, Councillor Waddell,
attended Galston High Schools Annual Presentation Evening at Galston High
School Assembly Hall, Galston.
Tuesday 6th
December 2022 – On behalf of the Mayor, Councillor McClelland
attended the Pennant Hills High School Presentation Evening at Robert Stacey
Hall, MPC, Pennant Hills High School.
Tuesday 6th
December 2022 – On behalf of the Mayor, Councillor Greenwood
attended St Matthews Anglican Church Service of Remembrance at St Matthews
Anglican Church, West Pennant Hills.
Wednesday 7th
December 2022 - The Mayor hosted four
Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council in
Hornsby.
Wednesday 7th
December 2022 – On behalf of the Mayor, Councillor McClelland
attended the Barker College End of Year Presentation – Secondary School
Celebration Ceremony at the Rosewood Centre, Barker College.
Wednesday 7th
December 2022 – On behalf of the Mayor, Deputy Mayor Councillor
Tilbury attended the Berowra Christian School Thanksgiving Service at Berowra
Christian School, Berowra.
Thursday 8th
December 2022 – On behalf of the Mayor, Councillor McClelland
attended the Clarke Road School Annual Presentation at Clarke Road School,
Hornsby.
Thursday 8th
December 2022 – The Mayor attended the Special Volunteers
Christmas Party. The Mayor Presented Certificates for 5-10 Years’
Service at Hornsby Library.
Thursday 8th
December 2022 – The Mayor and Councillors attended the
Mayor’s Annual Christmas Party, at Storey Park, Hornsby.
Friday 9th
December 2022 – On behalf of the Mayor, Councillor Greenwood
attended Cheltenham Girls High School Annual Presentation Day at The Concert
Hall of the Sydney Opera House.
Friday 9th
December 2022 – On behalf of the Mayor, Deputy Mayor Councillor
Tilbury attended the Wideview Public School Presentation Day at Wideview
Public School, Berowra Heights.
Sunday 11th
December 2022 – On behalf of the Mayor, Deputy Mayor Councillor
Tilbury attended and presented the Hornsby Cup 2022 at Asquith Men’s
Bowling Club.
Sunday 11th
December 2022 – On behalf of the Mayor,
Deputy Mayor Councillor Tilbury attended the Community Carols at Asquith
Oval, Asquith.
Tuesday 13th
December 2022 – The Mayor attended Asquith Boys High School
Presentation Day at Asquith Boys High School Mervyn Brown Hall.
Tuesday 13 December 2022
– The Mayor attended Normanhurst Boys 2022 Presentation Night Ceremony
at Rosehill Gardens Auditorium, Rosehill.
Thursday 15 December 2022
- On behalf of the Mayor, Deputy Mayor Councillor Tilbury attended Asquith
Girls High School Presentation Day at Hornsby RSL Club Showroom, Hornsby.
Thursday 15 December 2022
– The Mayor attended the 2022 Carols under the Stars Churches of
Berowra at Warrina Street, Berowra Heights.
Saturday 17th
December 2022 – The Mayor attended the Hornsby Community
Christmas Party 2022 at Waddell’s Orchard, Galston.
Monday 19th
December 2022 – The Mayor attending the opening of the Boat
Ramp Wisemans Ferry.
Monday 23rd January 2022 –
On behalf of the Mayor, Councillor Pillamarri attended the United Australian
Lebanese Movement (UALM) Australia Day Award Ceremony at Holroyd Centre,
Merrylands.
Wednesday 25th January 2022
– The Mayor attended the CASS Hornsby Activity Group Lunar New
Year’s Celebration, Hornsby.
Wednesday 25th January 2022
– The Mayor attended Australia Day Celebration Dinner Rotary Club at
Pennant Hills Golf Course, Beecroft.
Thursday 26th January 2022 - The
Mayor hosted an Australian Day Citizenship Ceremony at Hornsby Park.
Tuesday 31st January 2023 –
The Mayor attended Happy Lunar New Year Gala Dinner 2023 in Ku-ring-Gai at
King Dynasty Restaurant, Chatswood.
CALLED OVER AND
NOTED
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Notices of Motion
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9 NOM1/23 Impact
of Cats on Native Wildlife
(F2019/00119)
|
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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 “
I own a pet cat” and the explanation of why the interest does not
require further action in the circumstances was “I am a cat owner which
may be impacted with any change in the Animal Companion Act. My pet cat is a
house cat and does not roam”.
Ms Carmen Terceiro, on behalf of the Animal Justice Party
addressed Council regarding this item.
Ms Jan Primrose, on behalf of Protecting Your Suburban
Environment Inc. addressed Council regarding this item.
Mrs Cindy Easterbrook, on behalf
of Hills Cat Rescue addressed Council regarding this item.
Ms Cheryl Venables, of Beecroft addressed Council
regarding this item.
Ms Candice Bartlett, of behalf
of Invasive Species Council addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR TILBURY, seconded by COUNCILLOR WADDELL,
THAT:
1. Council
reaffirm its position that there is a need to proactively address impacts of
cats on the environmental qualities of our Shire as:
1.1 Roaming
cats are a direct threat to native fauna including threatened species which
are found in our local bushland and National Parks.
1.2 Requirements
to keep cats at home have significant benefits for cats such as reducing
threat of injury, disease and death, allowing beloved cats to live a longer,
healthier life.
1.3 Requirements
for the responsible ownership of cats would be consistent with requirements
for the management of other companion animals such is currently the case for
dogs.
1.4 Legislative
reforms would allow council the flexibility to introduce cat containment
policies in consultation with the local community that meet the specific
needs of their area and protect local wildlife would be consistent with the
approach of the majority of other States in Australia.
2. Council
write to the NSW Government, the Opposition, NSW Greens and Independent
Members of Parliament calling for:
2.1 Changes
to the Companion Animals Act 1998 to enable Hornsby Council to introduce
containment policies in consultation with the local community, NSW National
Parks and Wildlife Service, Invasive Species Council and the RSPCA along with
other agencies to meet the specific needs of the area, including phase-in
periods, selection of areas within the LGA to which the policy applies and
monitoring frameworks including consideration of resource allocation.
2.2 A
State-wide grant program to support councils implement domestic cat
containment policies.
2.3 Increased
investment in programs to support responsible cat ownership such as measures
for containment, desexing, identification and registration, and education to
encourage people to keep cats indoors.
2.4 Development
of a central, State-wide online platform, in consultation with councils,
relevant agencies and animal welfare bodies to make responsible pet ownership
information easily accessible.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, Ruddock, Salitra, Tilbury and Waddell
AGAINST: Nil
|
Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
THE MEETING concluded at 7.37pm.
These Minutes were confirmed at the meeting on Wednesday 8
March 2023, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________
