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MINUTES OF General Meeting

 

Held at council chambers, HORNSBY

on Wednesday 8 June 2022

at 6:30PM

 

 

 

 


PRESENT

Councillors Ruddock (Chairman), Heyde, McClelland, McIntosh, Pillamarri, Salitra, Tilbury and Waddell.

NATIONAL ANTHEM

OPENING PRAYER

Pastor Michael Leong, of Cross Life Church, Asquith 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

An Acknowledgement of Country was given by the Darug and GuriNgai Traditional Owner representative, Uncle Neil Evers.

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 HEYDE, seconded by COUNCILLOR Waddell,

THAT the apology and request for leave of absence from Councillor Ball in respect of an inability to attend the General Meeting of 8 June 2022 and the Workshop Meeting of 29 June 2022; and Councillor Greenwood in respect of an inability to attend the General Meeting on 8 June 2022 be accepted and leave of absence be granted.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, 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

COUNCILLOR TILBURY declared a Less Than Significant Non-Pecuniary Interest in relation to Item 7 – CE9/22 - Tom Richmond Oval Naming Proposal. Refer to that Item for details.

COUNCILLOR WADDELL declared a Less Than Significant Non-Pecuniary Interest in relation to Item 8 – PC8/22 - Draft Rural Lands Study - Report on Submissions. Refer to that Item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 11 May 2022 be confirmed, a copy having been distributed to all Councillors.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

petitionS

Nil

presentations

Nil

Rescission Motions

Nil

Mayoral Minutes

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 6 and 8 were withdrawn for discussion.

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

THAT the recommendations in respect of items 1, 2, 3, 4, 5 and 7 be adopted.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

 

For the sake of clarity, the above items are recorded in Agenda sequence.

Note: Item 9 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.

Note: Persons wishing to address Council on Non Agenda items were permitted to provide a written submission or address Council after all items on the Agenda were finalised by Council. The names of all submission writers and speakers are recorded in the Minutes under the heading “Public Forum – Non Agenda Items”.

GENERAL BUSINESS

Office of the General Manager

1                 GM20/22      Community Strategic Plan 2022-2032 - Endorsement of Final Your Vision | Your Future 2032

(F2020/00006)

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

THAT:

1.         Subject to incorporation of the recommendations detailed in Table C, and marked up in Attachment 1 of General Manager’s Report No. GM20/22, Council endorse the Community Strategic Plan 2022-2032, Your Vision | Your Future 2032.

2.         Council write to those who have made submissions thanking them for their feedback.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

Corporate Support Division

2                 CS38/22      Council's Code of Meeting Practice - Adoption Following Public Exhibition

(F2004/07032)

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

THAT:

1.         The contents of Director’s Report No. CS38/22 be received and noted.

2.         Subject to the minor amendment to clause 4.28(a) proposed in Director’s Report No. CS38/22, the publicly exhibited Code of Meeting Practice be adopted and its provisions apply from Council’s 13 July 2022 General Meeting.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

3                 CS40/22      Debts to be Written Off - 2021/22 Financial Year

(F2004/06978-02)

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

THAT for 2021/22, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $8,737 (as detailed in Schedule A attached to Director’s Report No. CS40/22).

2.         Note debts considered bad totalling $2,166 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS40/22).

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

4                 CS41/22      Mayor and Councillor Fees for 2022/23; and the Payment of Mayor/Councillor Superannuation Contributions

(F2004/09552-02)

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

THAT:

1.         As a consequence of the 2022 Report and Determination of the Local Government Remuneration Tribunal, Council note that it remains in the Metropolitan Medium Category of NSW councils for the period 1 July 2022 to 30 June 2023.

2.         In accordance with Sections 248 and 249 of the Local Government Act, and having considered the 2022 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $26,840 be paid to each Councillor and an additional annual fee of $71,300 be paid to the Mayor for the period 1 July 2022 to 30 June 2023.

3.         Pursuant to section 254B of the Local Government Act, Council allow the payment of superannuation contributions to the Mayor and Councillor’s nominated superannuation account equal to what Council would have been required to pay as a superannuation contribution if the Mayor or Councillor was an employee of Council.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

5                 CS43/22      Investments and Borrowings for 2021/2022 - Status for Period Ending 30 April 2022

(F2004/06987-02)

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

That the contents of Director’s Report No. CS43/22 be received and noted.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

6                 CS44/22      LGNSW Board - Election to Fill a Casual Vacancy - Nomination of Council's Voting Delegates

(F2004/07180-02)

MOVED ON THE MOTION OF COUNCILLOR PILLAMARRI, seconded by COUNCILLOR TILBURY,

THAT Councillors Ruddock, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Salitra, Tilbury and Waddell be nominated as Council’s voting delegates for the election to fill a casual vacancy on the Local Government NSW Board for the Office of Director (Metropolitan/Urban Council).

 

AN AMENDMENT WAS MOVED BY COUNCILLOR HEYDE, seconded by COUNCILLOR SALITRA,

THAT Councillors Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Salitra, Tilbury and Waddell be nominated as Council’s voting delegates for the election to fill a casual vacancy on the LGNSW Board for the Office of Director (Metropolitan/Urban Council).

 

THE AMENDMENT MOVED BY COUNCILLOR HEYDE, seconded by COUNCILLOR SALITRA, WAS PUT AND LOST.

 

FOR:                Councillors Heyde and Salitra

 

AGAINST:         Councillors McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and Waddell

 

THE MOTION MOVED BY COUNCILLOR PILLAMARRI, seconded by COUNCILLOR TILBURY, WAS PUT AND CARRIED.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

 

Community and Environment Division

7                 CE9/22        Tom Richmond Oval Naming Proposal

(F2009/00210)

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 “Tom Richmond OAM was a friend of mine before his death last year” and the explanation of why the interest does not require further action in the circumstances was “This is a less than significant declaration as the renaming proposal did not come from me and I was unaware of it until it was lodged with Council. My interest will not prevent me from considering this item in a balanced and neutral way”.

 

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

THAT:

1.         Council endorse the renaming of Old Dairy Park to Tom Richmond Oval and a submission be made to the NSW Geographic Names Board seeking inclusion of the name on the NSW Geographical Names Register.

2.         A Park name sign be installed with additional interpretive signage acknowledging the previous history of the site.

3.         Those people and community groups who made a submission be informed of Council’s decision.

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

Planning and Compliance Division

8                 PC8/22        Draft Rural Lands Study - Report on Submissions

(F2018/00162#04-002)

Note: COUNCILLOR WADDELL 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 WADDELL on the Declaration of Interest form as “I am a business owner in Galston and my family have long property ties to the area. I wish to declare I have a less than significant non pecuniary interest” and the explanation of why the interest does not require further action in the circumstances was “Given the report outlines only a broad series of policy recommendations I intend to remain in the Chamber and participate in tonight’s debate”.

 

Mr Myles Orsler, of Fiddletown addressed Council regarding this item.

Mr Micheal Bell OAM, of Arcadia addressed Council regarding this item.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc provided a submission to Council regarding this item.

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

Mr Damian O’Connell, of Arcadia addressed Council regarding this item.

Mr Robert Riley, of Arcadia addressed Council regarding this item.

Mr Salvatore Russo, of Arcadia addressed Council regarding this item.

Ms Mary Aviani, of Galston addressed Council regarding this item.

 

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

THAT:

1.             Council finalise the Rural Lands Study and publish the Rural Lands Strategy, Rural Lands Study Background Report and Feedback Summary Report on Council’s website.

2.             Council endorse the recommendations set out in Implementation Action Plan A – Short Term Recommendations which include new land uses in rural zones and general recommendations of the Study.

3.             The Planning Proposal and associated amendments to the Hornsby Development Control Plan to implement Action Plan A be progressed during the 2022/23 financial year.

4.             An informal Council workshop be held before the end of 2022 to consider the progression of recommendations requiring strategic investigations as set out in Implementation Action Plan B – Long-Term Recommendations, including consideration of priorities, resources and funding subject to the Implementation Plan being amended to include additional Item Nos 9 and 10 as follows:

·                     Item 9 - Further consultation be undertaken with the NSW Rural Fire Service and Department of Primary Industry concerning opportunities to proceed with an investigation to reduce lot sizes to 2ha in the Sandstone Plateau Ridgeline area (north of Arcadia and Fiddletown).

·                     Item 10 - Further consultation be undertaken with the NSW Department of Planning and Environment concerning opportunities to introduce planning controls to permit “concessional allotments” as an appropriate mechanism to increase housing diversity in rural zones

5.             Submitters be advised of Council’s decision.

 

AN AMENDMENT WAS MOVED BY COUNCILLOR SALITRA, seconded by COUNCILLOR HEYDE,

THAT:

1.         Council finalise the Rural Lands Study and publish the Rural Lands Strategy, Rural Lands Study Background Report and Feedback Summary Report on Council’s website.

2.         With the exception of action Item No. 11 concerning access handle requirements which should be included for investigation as a Long Term Action, Council endorse the recommendations set out in Implementation Action Plan A – Short Term Recommendations which include new land uses in rural zones and general recommendations of the Study.

3.         An informal Council workshop be held to consider the progression of recommendations requiring strategic investigations as set out in Implementation Action Plan B – Long-Term Recommendations, including consideration of priorities, resources and funding.

4.         Submitters be advised of Council’s decision.

 

THE AMENDMENT MOVED BY COUNCILLOR SALITRA, seconded by COUNCILLOR HEYDE, WAS PUT AND LOST.

 

FOR:                Councillors Heyde and Salitra

 

AGAINST:         Councillors McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and Waddell

 

AN AMENDMENT WAS MOVED BY COUNCILLOR HEYDE, seconded by COUNCILLOR SALITRA,

THAT:

1.         Council finalise the Rural Lands Study and publish the Rural Lands Strategy, Rural Lands Study Background Report and Feedback Summary Report on Council’s website.

2.         Council endorse the recommendations set out in Implementation Action Plan A – Short Term Recommendations which include new land uses in rural zones and general recommendations of the Study.  

3.         An informal Council workshop be held to consider the progression of recommendations requiring strategic investigations as set out in Implementation Action Plan B – Long-Term Recommendations, including consideration of priorities, resources and funding.

4.         Submitters be advised of Council’s decision.

 

THE AMENDMENT MOVED BY COUNCILLOR HEYDE, seconded by COUNCILLOR SALITRA, WAS PUT AND CARRIED.

 

FOR:                Councillors Heyde, McClelland, Pillamarri, Ruddock, Salitra and Tilbury

 

AGAINST:         Councillors McIntosh and Waddell

 

THE AMENDMENT THEREBY BECAME THE MOTION WHICH WAS PUT AND CARRIED

 

FOR:                Councillors Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury and Waddell

 

AGAINST:         Nil

 

Infrastructure and Major Projects Division

Nil  

PUBLIC FORUM – NON AGENDA ITEMS

Mrs Susan Owen, of Wahroonga addressed Council regarding drainage and footpaths in the local area.

Mr Robert Rac, of Wahroonga addressed Council regarding drainage and footpaths in the local area.

Mr Paul Keighery, of East Thornleigh addressed Council regarding the Thornleigh Station pedestrian footbridge.

Mrs Julienne Lynch, of Beecroft provided a submission to Council regarding local traffic issues along The Crescent, Beecroft.

Questions with Notice

Nil

Mayor's Notes

9                 MN4/22        Mayor's Notes From 1 May 2022 to 31 May 2022

(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.

 

Sunday 1st May 2022 – On behalf of the Mayor, Deputy Mayor, Clr Tilbury attended the Hornsby Ku-ring-gai RFS National Emergency Medal, and a Commissioners Certificate of Service Presentations at Hornsby Kuring-Gai Fire Control Centre in Cowan.

Tuesday 3rd May 2022 – The Mayor attended the 'This is Us, Hornsby 2022' Art Exhibition (Opening and Welcome) at Wallarobba Arts Centre in Hornsby.

Wednesday 4th May 2022 – The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council in Hornsby.

Thursday 5th May 2022 – The Mayor attended the official launch of the Special Olympics movement with the launch of the 2022 Kuring-Gai Chase and Barry Easy OAM Walk in the Knox Great Hall at Knox Grammar School in Wahroonga.

Saturday 7th May 2022 – The Mayor attended the first work session of Bushcare Group along with residents at Ginger Meggs Park in Hornsby.

Friday 13th May 2022 The Mayor attended the Pennant Hills High School production of “Shrek The Musical” at Pennant Hills High School in Pennant Hills.

Saturday 14th May 2022 – The Mayor attended the Open Day and Ribbon Cutting of the Thornleigh Squash Centre in Thornleigh.

Saturday 14th May 2022 – The Mayor attended the India Club Indian Literary and Art Society of Australia Multilingual Book Launch and Award ceremony at Epping Learning and Leisure Centre.

Sunday 15th May 2022 – The Mayor attended Knox Grammar School ANZAC Memorial Service for the Old Knox Grammarians Association and the Ceremonial Parade of the Knox Grammar Cadet Unit at Knox Grammar School in Wahroonga.

Sunday 15th May 2022 – The Mayor attended the Epping Scouts’ Group Annual Report Presentation at Epping Scout Hall, Epping.

Sunday 15th May 2022 – The Mayor attended the Cherrybrook Athletics Presentation Day at the Roselea Community Centre in Carlingford.

Sunday 22nd May 2022 – The Mayor attended the afternoon tea to thank Bushcare volunteers - 30 Years of Bushcare commemorative publication at Galston Community Centre.

Friday 27th May 2022 – The Mayor attended the Remagine Art Prize 2022 Award Ceremony at Wallarobba House in Hornsby.

Saturday 28th May 2022 – The Mayor attended the Scouts NSW Air Activity 50th Anniversary Dinner at the Baden-Powell Activity Centre in Pennant Hills.

Monday 30th May 2022 – The Mayor attended the official opening of the Hornsby Ku-ring-gai Hospital’s stage two redevelopment held at Hornsby Ku-ring-gai Hospital in Hornsby.

CALLED OVER AND NOTED

 

Notices of Motion    

Nil

MATTERS OF URGENCY

Nil

QUESTIONS WITHOUT NOTICE

Nil

THE MEETING concluded at 7.43pm.

 

 

These Minutes were confirmed at the meeting held on Wednesday 13 July 2022, at which meeting the signature hereunder was subscribed.

 

 

 

CONFIRMED                                                                                CHAIRMAN

______________________________________________________________________________